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HomeMy WebLinkAbout2006-03-140 0 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 14, 2006, at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Revised 3-13-06 "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: X_ Shaun Wardle )�( Joe Borton X Charlie Rountree _C Keith Bird -K Mayor Tammy de Weerd 2. Pledge of Allegiance: ca /e6 1?6&4% A-^,� &a s_Ch a,/fZ 3. Community Invocation by , with The Experience: 4. Adoption of the Agenda: oP�v t a r a Px4 o06 X, 5. Consent Agenda: A. Approve Minutes of February 28, 2006 City Council Regular Meeting: Gv4?-rwvA- B. Addendum to Development Agreement: MI 05-015 Miscellaneous Request to modify the recorded development agreement for Parkstone Subdivision (A.K.A Champion Park Subdivision) by Hillview Development Corporation - north of Ustick Road and west of Eagle Road: 7 e C. Revised Findings of Fact and Conclusions of Law for Approval: AZ 05-043 Request for Annexation and Zoning of 11.7 acres from RUT to R-4 and R-2 zones for Sunstone Subdivision by Benchmark Construction - 1155 and 1123 North Black Cat Road: aip,rov-e- %- D. Revised Findings of Fact and Conclusions of Law for Approval: PP 05-045 Request for Preliminary Plat approval for 23 single-family residential building lots and 3 common area lots on Meridian City Council Meeting Agenda — March 14, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 3-13-06 11.17 acres in a proposed R-4 and R-2 zones for Sunstone Subdivision by Benchmark Construction — 1155 and 1123 North Black Cat Road: ,y/0/21" Ox - 7, E. Revised Findings of Fact and Conclusions of Law for Approval: VAR 05-019 Request for a Variance for cul-de-sac length to exceed the maximum length of 450 feet to the proposed 630 feet for Sunstone Subdivision by Benchmark Construction — 1155 and 1123 North Black Cat Road:,I-nova F. Revised Findings of Fact and Conclusions of Law for Approval: RZ 05-020 Request for a Rezone of .17 acres from R-4 to O -T zones for operation of a barber shop for Fred's "Reel" Barber Shop by Fred Pratt —1127 North Meridian Road: &E e� 7� G. Resolution No. 49 — ®S : CPA 05-004 Request for a Comprehensive Plan Amendment to amend the text and future land use map of the 2002 Comprehensive Plan for the North Meridian Area and to expand the area of city impact boundary: H. Development Agreement: AZ 05-055 Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zone for Ambercreek Subdivision by Dyver Development, LLC — North Meridian Road and West McMillan Road: a/gym v.c, I. Sanitary Sewer and Water Main Easement Agreement for Dorado Subdivision by Kimball Properties Limited Partnership: �� VA, J. Contract for Black Cat Lift Station and Trunk Sewer Authorization for Additional Services No. 6 with JUB Engineers, Inc. c`/,/.v" .e - K. Easement Agreement for Gateway Monument with G&H Enterprises: ajp� ,q V- C, L. Award of Bid for Park Landscape Maintenance Services with Iron Creek, LLC, DBA Metcalf Landscape Contractors:�� 6. Department Reports: A. Mayor's Office: 1. Budget Amendment for Desk for Part -Time Office Assistant:��,y�,r,,�, Meridian City Council Meeting Agenda — March 14, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 3-13-06 B. Planning Department - Anna Canning 1. Draft Scope of Work for the South Meridian Area Plan: C. Legal Department ar dA 44 1. Update / Approval of Impact Fee RFP: �v�tj✓w `�Zi 7Sv, 1 A$6 ,e- yev 2. New Personnel Evaluation Form:„-, y.2 3. Release and Authorization to Distribute with Newberry Enterprises: MY” VI -f- 7. Items Moved from Consent Agenda: �j b, 6 8. Request by Giuseppe Veneziano to waive fees for Conditional Use Permit Application for Joe Up and Go Coffee Shop: o(Chy refeced,�- 9. Reconsideration / Clarification Request by Planning Director of City Council's Action for VAR 05-027 Request for a Variance to UDC 11-3.H requirements for access to State Highway 69 for Meridian Gateway by White -Leasure Development Company -1601 South Meridian Road: I �" x-68 _06 10. FP 06-006 Request for Final Plat approval of 50 residential lots and 13 common lots on 23.97 acres in an R-2 zone for Kinasbridae Subdivision No. 2 by Vision First, LLC - south of Victory Road on west side of Eagle Road: 477-11"w"-- 11. FP 06-007 Request for Final Plat approval of 35 building lots and 2 common lots on 7.01 acres in an R-8 zone for Bellinaham Park Subdivision No. 2 by Bellingham Park, LLC - South Locust Grove Road south of Victory Road: AZA V%C.- 12. FP 06-010 Request for Final Plat approval of 76 building lots and 18 common lots on 14.57 acres in an R-8 zone for Chesterfield Subdivision No. 2 by Centennial Development, LLC - North Black Cat Road and West Franklin Road: -/W$& A Au?,,,� ��o 2�006 13. Amended Ordinance No. 06-1210: AZ 05-043 Request for Annexation and Zoning of 11.7 acres from RUT to R-4 and R-2 zones for Sunstone Subdivision by Benchmark Construction - 1155 and 1123 No'rth Black Cat Road: A7rrv" 14. FP 06-008 Request for Final Plat approval of 23 single-family residential building lots and 3 common area lots on 11.17 acres in R-2 and R-4 zones Meridian City Council Meeting Agenda — March 14, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 3-13-06 for Sond Subdivision by Clayn Sonderegger - 1155 and 1123 North Black Cat Road: 15. Continued Public Hearing from March 7, 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,:f �v�� / vet. Z-1.,2PVC 16. Public Hearing: 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: 17. Public Hearing: 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: aloprvvwc t &40-1v ,, a�,�,t �1G4 �' hG to/uih o� 18. Public Hearing: 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: elv..vY5 h "It- /0 /A- /-a 19. Public Hearing: 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: C/o Se R /k _ 7k' %! IV Aa-& 4k 2-11 "1946' 20. Public Hearing: 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: 21. Public Hearing: AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C -G zones for Bienville Square Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: co.;. --741h "C 'RAL °/-* 4 -18—o6 22. Public Hearing: RZ 05-019 Request for a Rezone of 10.05 acres from C- G to R-8, R-15 and C -G zones for Bienville Square Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: eorr-75ha.c APIA_ -/-v 4-!8 -O6 23. Public Hearing: PP 05-059 Request for Preliminary Plat approval of 54 single family residential lots, 22 multi -family residential lots, 14 common lots and 7 commercial lots for Bienville Square Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: �0/h 7,40 /g-d9d Meridian City Council Meeting Agenda — March 14, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 Revised 3-13-06 24. Public Hearing: CUP 05-052 Request for Conditional Use Permit for Mixed Use Regional project within 300 feet of a residence for Bienville Square Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: 9.e^yh&u R/j4- 74V 25. Public Hearing: MI 05-013 Miscellaneous request for a Private Street application for multifamily and commercial development for Bienville Square Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: 4Pa 07^& �v/!:, fv 26. Public Hearing: VAR 05-023 Request for a Variance to allow access to a state highway for Bienville Square Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: &,.c ,o/,k Av 4,/9OG 27. Ordinance No. AZ 05-055 Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zone for Ambercreek Subdivision by Dyver Development, LLC - North Meridian Road and West McMillan Road: 28. Ordinance No. ������� RZ 05-022 Request for a Rezone of 3.36 acres from R-8 to L -O for Church of the Holy Nativity by Church of the Holy Nativity - 828 West Cherry Lane: Z�W/V.,Vw-, 29. Ordinance No. ®�-'" 0- Z10 AZ 05-053 Request for Annexation and Zoning of 5.87 acres from RUT to R-8 zone for Windham Place Subdivision by Eagle Springs Investments, LLC - 2640 North Meridian Road: 4�91iyvve- 30. Ordinance No.�� ��Zl Amendment to Fire Code Ordinance for Open Burning and Air Quality:�,7,v�er 31. 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: Meridian City Council Meeting Agenda — March 14, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. PIU* Q0sk �r VO'OiU IJa��r��U��', CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 14, 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 Brian Yeager, with The Experience: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of February 28, 2006 City Council Regular Meeting: B. Addendum to Development Agreement: MI 05-015 Miscellaneous Request to modify the recorded development agreement for Parkstone Subdivision (A.K.A Champion Park Subdivision) by Hillview Development Corporation - north of Ustick Road and west of Eagle Road: C. Revised Findings of Fact and Conclusions of Law for Approval: AZ 05-043 Request for Annexation and Zoning of 11.7 acres from RUT to R-4 and R-2 zones for Sunstone Subdivision by Benchmark Construction — 1155 and 1123 North Black Cat Road: D. Revised Findings of Fact and Conclusions of Law for Approval: PP 05-045 Request for Preliminary Plat approval for 23 single-family residential building lots and 3 common area lots on Meridian City Council Meeting Agenda — March 14, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. • 11.17 acres in a proposed R-4 and R-2 zones for Sunstone Subdivision by Benchmark Construction — 1155 and 1123 North Black Cat Road: E. Revised Findings of Fact and Conclusions of Law for Approval: VAR 05-019 Request for a Variance for cul-de-sac length to exceed the maximum length of 450 feet to the proposed 630 feet for Sunstone Subdivision by Benchmark Construction — 1155 and 1123 North Black Cat Road: F. Revised Findings of Fact and Conclusions of Law for Approval: RZ 05-020 Request for a Rezone of .17 acres from R-4 to O -T zones for operation of a barber shop for Fred's "Reel" Barber Shop by Fred Pratt —1127 North Meridian Road: G. Resolution No. : CPA 05-004 Request for a Comprehensive Plan Amendment to amend the text and future land use map of the 2002 Comprehensive Plan for the North Meridian Area and to expand the area of city impact boundary: H. Development Agreement: AZ 05-055 Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zone for Ambercreek Subdivision by Dyver Development, LLC — North Meridian Road and West McMillan Road: I. Sanitary Sewer and Water Main Easement Agreement for Dorado Subdivision by Kimball Properties Limited Partnership: J. Contract for Black Cat Lift Station and Trunk Sewer Authorization for Additional Services No. 6 with JUB Engineers, Inc. K. Easement Agreement for Gateway Monument with G$H Enterprises: L. Award of Bid for Park Landscape Maintenance Services with Iron Creek, LLC, DBA Metcalf Landscape Contractors: Department Reports: A. Mayor's Office: 1. Proclamation for Ergonomics Day: B. Planning Department — Anna Canning Meridian City Council Meeting Agenda — March 14, 2006 Page 2 of 5 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. n U L 1. Draft Scope of Work for the South Meridian Area Plan: C. Legal Department 1. Update / Approval of Impact Fee RFP: 2. New Evaluation Form: 3. Release and Authorization to Distribute with Newberry Enterprises: 7. Items Moved from Consent Agenda: 8. Request by Giuseppe Veneziano to waive fees for Conditional Use Permit Application for Joe Up and Go Coffee Shop: 9. Reconsideration / Clarification Request by Planning Director of City Council's Action for VAR 05-027 Request for a Variance to UDC 11-3.H requirements for access to State Highway 69 for Meridian Gateway by White -Leasure Development Company — 1601 South Meridian Road: 10. FP 06-006 Request for Final Plat approval of 50 residential lots and 13 common lots on 23.97 acres in an R-2 zone for Kingsbridge Subdivision No. 2 by Vision First, LLC — south of Victory Road on west side of Eagle Road: 11. FP 06-007 Request for Final Plat approval of 35 building lots and 2 common lots on 7.01 acres in an R-8 zone for Bellingham Park Subdivision No. 2 by Bellingham Park, LLC — South Locust Grove Road south of Victory Road: 12. 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: 13. Amended Ordinance No. 06-1210: AZ 05-043 Request for Annexation and Zoning of 11.7 acres from RUT to R-4 and R-2 zones for Sunstone Subdivision by Benchmark Construction — 1155 and 1123 North Black Cat Road: 14. FP 06-008 Request for Final Plat approval of 23 single-family residential building lots and 3 common area lots on 11.17 acres in R-2 and R-4 zones for Sond Subdivision by Clayn Sonderegger — 1155 and 1123 North Black Cat Road: Meridian City Council Meeting Agenda — March 14, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 15. Continued Public Hearing from March 7, 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: 16. Public Hearing: 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: 17. Public Hearing: 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: 18. Public Hearing: 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: 19. Public Hearing: 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: 20. Public Hearing: 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: 21. Public Hearing: AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C -G zones for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 22. Public Hearing: RZ 05-019 Request for a Rezone of 10.05 acres from C- G to R-8, R-15 and C -G zones for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 23. Public Hearing: PP 05-059 Request for Preliminary Plat approval of 54 single family residential lots, 22 multi -family residential lots, 14 common lots and 7 commercial lots for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 24. Public Hearing: CUP 05-052 Request for Conditional Use Permit for Mixed Use Regional project within 300 feet of a residence for Bienville Meridian City Council Meeting Agenda — March 14, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 25. Public Hearing: MI 05-013 Miscellaneous request for a Private Street application for multifamily and commercial development for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 26. Public Hearing: VAR 05-023 Request for a Variance to allow access to a state highway for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 27. Ordinance No. AZ 05-055 Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zone for Ambercreek Subdivision by Dyver Development, LLC — North Meridian Road and West McMillan Road: 28. Ordinance No. RZ 05-022 Request for a Rezone of 3.36 acres from R-8 to L -O for Church of the Holy Nativity by Church of the Holy Nativity — 828 West Cherry Lane: 29. Ordinance No. AZ 05-053 Request for Annexation and Zoning of 5.87 acres from RUT to R-8 zone for Windham Place Subdivision by Eagle Springs Investments, LLC — 2640 North Meridian Road: 30. Ordinance No. Amendment to Fire Code Ordinance: Meridian City Council Meeting Agenda — March 14, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. r 0 Meridian City Council Meeting March 14 2006 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, March 14, 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, Ted Baird, Will Berg, Anna Canning, Len Grady, Bill Musser, Bill Johnson, 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: I will go ahead and call this meeting to order. Welcome. Certainly we always like to see the government students at Meridian High School. We appreciate you joining us. We will see how long you last. It is Tuesday, March 14th, at 7:00 o'clock. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the pledge of allegiance. We will be led tonight by Caleb Burkhart. If you will all rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Ed Schultz with The Experience: De Weerd: Caleb, I would like to give you our City of Meridian pin. Thank you for joining us. That should get you extra extra credit. Okay. Item No. 3 is our community invocation. Tonight we will be led by Ed Schultz with the Experience Church. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Schultz: Dear God in Heaven, we thank you for giving each of us the opportunity to be here in a place like this this evening and tonight I pray for wisdom for the citizens that are represented here and for each Council person and the Mayor that's here tonight and all of their representatives. I ask for a special measure of your wisdom. I know that you're a God of order and that you look down and smile on interaction like this and I just pray that you will bless everything that's said tonight. Give us a measure of your love and your compassion as we go about the dealing of this city and we thank you for all these things in Jesus' name, amen. Meridian City Council March 14, 2006 Page 2 of 76 Item 4: Adoption of the Agenda: De Weerd: Ed, I would like to give you a pin as well. Thank you for coming. Thank you for filling in. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On our agenda, on the Consent Agenda, we'd like to pull Item C and G to 7-C and 7-G. We'd like some explanation. And D and E also be pulled to 7-D and 7-E. And that the resolution -- well, we'll go into the resolution on the Consent when we get there. Ordinance numbers will start with 06-1218 and go through 06-1221. And with that I move we approve the revised Consent Agenda -- or the agenda. Rountree: Second. De Weerd: Okay. The motion is to approve the agenda as changed and that is removing Items C, D, E, and G off of the Consent Agenda. Bird: Yes. De Weerd: Is that correct? Bird: Yes. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of February 28, 2006 City Council Regular Meeting: B. Addendum to Development Agreement: MI 05-015 Miscellaneous Request to modify the recorded development agreement for Parkstone Subdivision (AKA Champion Park Subdivision) by Hillview Development Corporation - north of Ustick Road and west of Eagle Road: F. Revised Findings of Fact and Conclusions of Law for Approval: RZ 05-020 Request for a Rezone of .17 acres from R-4 to O -T zones for operation of a barber shop for Fred's "Reel" Barber Shop by Fred Pratt —1127 North Meridian Road: Meridian City Council March 14, 2006 Page 3 of 76 H. Development Agreement: AZ 05-055 Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zone for Ambercreek Subdivision by Dyver Development, LLC — North Meridian Road and West McMillan Road: I. Sanitary Sewer and Water Main Easement Agreement for Dorado Subdivision by Kimball Properties Limited Partnership: J. Contract for Black Cat Lift Station and Trunk Sewer Authorization for Additional Services No. 6 with JUB Engineers, Inc. K. Easement Agreement for Gateway Monument with G&H Enterprises: L. Award of Bid for Park Landscape Maintenance Services with Iron Creek, LLC, DBA Metcalf Landscape Contractors: De Weerd: Okay. The Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda with the removal of Item C, D, E and G to 7 C, D, E and G 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 as amended. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: 1. Budget Amendment for Desk for Part -Time Office Assistant: Meridian City Council March 14, 2006 Page 4 of 76 De Weerd: Okay. Council, under Mayor's report I do have a request for amendment of the budget. It is in front of you. I have talked to our Council liaison, our Council president, our part-time assistant is a little bit disturbed sitting underneath the mail boxes. She can't work there. I would appreciate a motion to approve this request. Wardle: Council, before I make that motion, the Mayor discussed this, because it is outside of the -- her budget for this year, we need to make an amendment. Any questions? Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve the budget amendment for the Mayor's office. Rountree: Second. De Weerd: Okay. Is there any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Council, as any budget amendments come in front of you, you will see these forms. They do have to be signed by the department director, as well as myself, before it comes to Council for approval. So, it gives you the justification on those forms and the assurance that it has gone through the process of approval before it gets to you. So, hopefully, that answers some of the questions that have come up in the past. B. Planning Department — Anna Canning 1. Draft Scope of Work for the South Meridian Area Plan: De Weerd: Okay. Item B, our planning department. Canning: Madam Mayor, Members of the Council, in your packet you did receive a very draft version of the scope of work through the south Meridian slash north Kuna slash Ada County sub area plan, with staff comments about that scope of work. I just gave it so that you knew kind of what we were thinking. At this point it may not be important that you look at that document. The draft scope of work was on the agenda for Kuna last night. They did not act on it. They didn't have a quorum, so they didn't act on anything. But we have heard that they are not likely to approve the scope. Ada County has also considered the scope and the commissioners, I believe, are sending a letter to the Mayor saying that they will only participate in the sub area plan if both cities agree to not annex outside their current areas of city impact and, then, also some other provisions. And, again, it's unlikely that Kuna will be willing -- I mean they stated in the last joint meeting they were unwilling to do that. So, it's likely that we are not moving forward with the sub area plan. So, I guess I'm giving you an update. If you'd like to Meridian City Council March 14, 2006 Page 5 of 76 provide feedback now you can. If you'd like me to prepare more for you for next week I can do that, too. De Weerd: What, Anna, isn't this change number four? Canning: Yes. Well, no, I think this is number three. But I think what we would do is go back to version number two at this point, which was the -- just Meridian by itself. Ada County will probably still be willing to participate as just a participant on the steering committee, so that we have their input as time goes on. But it would be scope of work number two at this point. De Weerd: Okay. Anna, do you know when they next meet? Canning: Next week. Kuna meets next week. De Weerd: Do they meet on a Monday or a Tuesday? Canning: I am not sure on that fact. I thought they usually met on Tuesdays. I don't know why last on a Monday. So, I'm not sure what the -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. Their normal scheduled meetings are on Tuesday. There was a special meeting last night. They don't have -- I'm looking at their agenda. Currently they don't have a scheduled meeting for next week. It is normally the first and third, I believe, of the month. So, they should normally have a meeting next week, but they don't have one currently listed on their agenda. De Weerd: Okay. Canning: When I checked with staff they said next week. I can keep you posted. De Weerd: Yes. Why don't you keep us posted. I think it would be premature to give any direction until they have stated their intent. Certainly, Council, if you'd like me to respond to the county and reiterate that it is not our practice to annex outside our area of impact and we would like to work in collaboration with them, just to respond to their letter. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council March 14, 2006 Page 6 of 76 Wardle: Certainly to respond to the county's criteria, our things that I recall we agreed to in our joint meeting. So, we could just reiterate our willingness to be at the table to work in a partnership, I would certainly agree with that. De Weerd: Okay. We will send a reply to their letter. C. Legal Department 1. Update / Approval of Impact Fee RFP: De Weerd: Okay. Item No. C-1. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. I'm going to, actually, let Mr. Baird take number one. Baird: Madam Mayor, Members of the Council, in your packet tonight I'm pleased to provide you a recommendation for the award of the consulting contract for the impact fee updates. By way of brief background, we put out an RFP to hire a consultant to help us update the methodology and the ordinance for the parks impact fee and to bring forth proposals for impact fees for fire and police and infrastructure needs. The committee reviewed the proposals and were recommending that the contract be awarded to VEC Research and Consulting. They are out of Denver, Colorado. However, the contract team does include two local consultants, a management analyst by the name of Anne Westcott. Her company Glenic Consulting. And the legal -- the local legal assistance would come from Joann Butler and although you have seen her in front of you on the opposite side, the committee thought that she added strength to the team and could possibly help get buy -in from the development community. So, it's with that as a background that we'd request a motion to approve that. The contract amount is 29,000 dollars. I would remind you that this does come out of the administration fee that we collect from each impact fee that we currently have. There is one item that I wanted to bring up for discussion and that's that the Mayor directed me to look at possibly adding an additional component to this and that has to do with sidewalks. As you're aware, ACHD has explicit jurisdiction for streets, which do include sidewalks. However, they have deemed sidewalks to be impact fee non -eligible, leaving the door open for us to at least look at it. I did put a call in today to Gary Inselman and he indicated we may have a problem with the right of way component, because they don't currently purchase it, but I did contact the consultant. They indicated that they could add that component to this study for an additional 3,750. So, if you do want to consider that, I'd ask that you add that onto the motion. And with that as background, I will stand for questions. De Weerd: Thank you, Ted. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Okay. I will need a motion to approve the contract. •Meridian City Council March 14, 2006 Page 7 of 76 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the contract with the VEC Research and Consulting for reevaluation of the city's impact fees and the inclusion of analysis for sidewalks in an amount not to exceed 33,000 dollars. Borton: Second. De Weerd: Okay. I have a motion to approve the contract in the amount not to exceed 33,000 dollars. Any discussion? Baird: Madam Mayor? De Weerd: Yes. Baird: If I could just put on the record, the additional amount for the sidewalks was 3,750. So, doing my lawyer's math, the not to exceed would probably be suggested at 32,750. De Weerd: He just rounded up, Ted. Rountree: If you get it that close, I'd appreciate it. De Weerd: But thank you. This was our funny math, I think. Mr. Berg, will you, please, call roll. And it was not to exceed, so -- thank you. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: We -- hey, Ted? We will award it for the 32,750, but we have authorized up to 33,000. Baird: Thank you much. De Weerd: Thank you. Bird: He got 240 for being smart. 2. New Personnel Evaluation Form: De Weerd: Oh, Keith. Okay. Mr. Nary, on that note -- Meridian City Council March 14, 2006 Page 8 of 76 Nary: Thank you, Madam Mayor, Members of the Council. I'm pleased to bring to you the new evaluation form for employees performance appraisal, as well as self - evaluations that we would like to begin using. This has been a long process, as some of you know. We have been in an ongoing revision of our performance appraisal system for a number of years. Just to refresh your memory, I didn't bring you the pre- existing form. Most of you have seen it in some form or another. It was very lengthy, it was well over ten pages, and had a number of small little boxes to check. It was not adequate. It certainly did some evaluation, but it was somewhat inadequate for the use that we would like to make of these. As you well know, I also attached to your file on your computer the current position accountability definition forms that we are also using. So, if you look at this employee performance appraisal and self evaluation, it is used in conjunction with the pads and the purpose being, as we have discussed at a couple of other workshops, the pad process is an opportunity for both the supervisor and employees to work at the beginning of each evaluation period on, essentially, a road map of expectations and performance expectations for the employee for that year. At the end of that year we should have had quarterly updates with the pads and, then, we use this employee performance appraisal and self evaluation to also assess the behavioral -- or the four behaviors -- city behavior standards that we have set as a city that our expectations are. If you -- we have had the directors review it. Chief Musser and Brad Watson and myself, along with the AspireOn consultants, have got the form together where it is. All the directors have reviewed it, found it to be adequate for what the needs are and what we are trying to do. We'd like to begin the process of training and get this rolled out and begin using it, along with the pads. If it meets your satisfaction, I would appreciate your approval of it. If you have more questions or concerns, I could certainly hope to answer them, whatever your pleasure. De Weerd: Do any of the other department directors have anything further to add? Nary: That was a go team go from Mrs. Canning. De Weerd: Thank you, Anna. She's our cheerleader. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I have no problem -- I don't want to enact on it tonight, because just getting it, I'd like to look it over. It's a very important tool and the previous one we rushed through I think in one night. I think this is something that we could have in a pre -Council workshop and look it over. I don't know, maybe the rest of you guys have had time since we got them today to read them, but I haven't. So, I would prefer to at least have a chance looking through. De Weerd: Okay. If that is the desire of Council, we can put it on the agenda for next week. Meridian City Council March 14, 2006 Page 9 of 76 Bird: In a pre -council workshop and, then, take it off? De Weerd: If you feel you would like to be walked through the process, we certainly can do that. We have walked through with the position accountability description and this does follow through with the intent of those forms and I think we did get drafts out to you early on. So, these have -- I know that -- Bird: We got drafts on it, yeah. De Weerd: Okay. So, what is your desire? We can certainly put it on a pre -council workshop. We do have ACHD that would like to come next week and walk through the CAP. At that time we can also add this if you would like us to do so. Bird: That would be my preference. I'd like a discussion on it, because it's -- to me, this is a very very important process of how we evaluate our pay raises and stuff like that and I feel that we need to make sure that we do it right. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Certainly we can get this on the agenda. I would ask -- and our pre -Council is a little bit tight next week -- that we have an approximate 15 to 20 minute discussion. If you have specific questions, if you could give those to Mr. Nary beforehand, so that he can address any real specific concerns that you may have, I think that would help us all understand a little better and have a better comfort level with it. De Weerd: Okay. Thank you, Mr. Wardle. Any other discussion? Okay. Thank you. 3. Release and Authorization to Distribute with Newberry Enterprises: De Weerd: Mr. Nary, Item 3. Nary: Thank you, Madam Mayor, Members of the Council. You have on your disk there -- there is a release and authorization in regards to Newbery Enterprises. There was a lawsuit filed by the Ada County Highway District against Newbery Enterprises, Micro Tool, and a number of other named parties, including the Meridian Development Corporation. To refresh your memory, the Meridian Development Corporation was formed a number of years ago as, essentially, a grant -- De Weerd: Mr. Nary, it's the Economic Development Council. Nary: I'm song. But -- well, it's actually called the economic -- it is a development corporation that was filed with the Secretary of State. Meridian City Council March 14, 2006 Page 10 of 76 De Weerd: Okay. We just don't want it -- to confuse it with our urban renewal agency. Nary: Oh. Okay. Right. I'm sorry. To refresh your memory, the purpose of that entity was, essentially, a grant -- a grant administrator for Micro Tool. There was some grant opportunities that this corporation, in relation to the city, was able to basically -- basically be the pass-through agency for those grants. Therefore, this development -- economic corporation is not MDC, but is a lien holder of that property and that's the reason we are named in this particular action by the highway district. They have given us notice of that complaint. We haven't responded, because we are a lien holder of the property, we don't need to respond to the actual complaint. What Mr. Newbery has forwarded to us and I wanted your consent to have the Mayor sign, was simply an acknowledgment that they are the primary parties of interest here that they would get the initial dollars that come from the payment to -- from the highway district in regards to the purchase of the right of way property. It doesn't impact our secured interest that we have, I just needed your approval and make you aware of this ongoing action with that. Mr. Newberry is the one that contacted us and sent the documents from his council and their attorney and at their expense will handle all of the necessary legal work on this. It won't have any expense to the city. De Weerd: Okay. Thank you, Mr. Nary. Any questions? Okay. We appreciate the information. De Weerd: Okay. There were items moved from the Consent Agenda. We will -- Nary: Madam Mayor, just to back up, if they would give -- if the Council would, by motion, give consent to approve the execution of those documents, we can get those back to the court. De Weerd: Okay. Mr. Bird. Bird: Madam Mayor, I move that we approve the Mayor to sign on the release and authorization to distribute with Newberry Enterprises. Rountree: Second. De Weerd: Okay. The motion was to approve the Consent. Any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: C. Revised Findings of Fact and Conclusions of Law for Approval: AZ 05-043 Request for Annexation and Zoning of 11.7 Meridian City Council March 14, 2006 Page 11 of 76 acres from RUT to R-4 and R-2 zones for Sunstone Subdivision by Benchmark Construction — 1155 and 1123 North Black Cat Road: D. Revised Findings of Fact and Conclusions of Law for Approval: PP 05-045 Request for Preliminary Plat approval for 23 single-family residential building lots and 3 common area lots on 11.17 acres in a proposed R-4 and R-2 zones for Sunstone Subdivision by Benchmark Construction — 1155 and 1123 North Black Cat Road: E. Revised Findings of Fact and Conclusions of Law for Approval: VAR 05-019 Request for a Variance for cul-de-sac length to exceed the maximum length of 450 feet to the proposed 630 feet for Sunstone Subdivision by Benchmark Construction — 1155 and 1123 North Black Cat Road: De Weerd: Okay. There were items pulled from the Consent Agenda, Item C, D, and E. I will ask for -- is it Mr. Nary or Anna? Canning: Either one is fine. De Weerd: Okay. Anna. Canning: Madam Mayor, Members of the Council, the item -- the issue at hand is that for Sond Subdivision, which is later on in your agenda, we realized as we were processing the final plat that the annexation had been done incorrectly and it was an error on staffs part. So, we are going back to amend the findings to include the -- to include the correct annexation and zoning legal descriptions and that's why those items were on your Consent Agenda tonight. De Weerd: Okay. Anna, is there any relationship to items on the regular agenda? Canning: Yes, ma'am. To Sond Subdivision, which is a final plat application. It's Item No. 14. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Also, Item 13, that's why there is an amended ordinance on there as well. You can pass these Consent Agenda items now and you can take those other ones up on your regular agenda when you get to them. De Weerd: Okay. Council, any questions? Meridian City Council March 14, 2006 Page 12 of 76 Bird: Madam -- De Weerd: Mr. Bird. Bird: I would make a motion, then, that we approve Items 7-C, 7-D and 7-E 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 Items C, D, and E. 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 G: Resolution No. 06-505 CPA 05-004 Request for a Comprehensive Plan Amendment to amend the text and future land use map of the 2002 Comprehensive Plan for the North Meridian Area and to expand the area of city impact boundary: De Weerd: Okay. Also removed from the Consent Agenda was Item G. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members the Council, the reason I asked that you pull that simply was there are findings that have been forwarded to the clerk's office that relate to this resolution that I simply ask that you add -- that by your motion of passing, ask that those be attached. They simply are the findings related to the hearings that you have had, the number of different public hearings, as well as all the information that was gathered in relation to the comp plan amendment, for the ease of the public relating them together is probably easier at this juncture than for somebody later on to have to go and search for two separate documents. So, I simply wanted you to pull that to make that specific on the record and, then, the clerk's office will take care of that. De Weerd: Okay. Any questions, Council? Okay. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Resolution No. 06-505 and to add the findings to this resolution. Meridian City Council March 14, 2006 Page 13 of 76 De Weerd: Okay. Do I have a second? Wardle: Second. De Weerd: The motion is to approve Item 7-G, Resolution No. 06-505. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, abstain; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSTAINS. Item 8: Request by Giuseppe Veneziano to waive fees for Conditional Use Permit Application for Joe Up and Go Coffee Shop: De Weerd: Okay. Thank you. Item No. 8 is a request for waiver of fees. Does staff want to introduce this item or do we just want the applicant to come forward? Okay. Would the applicant, please, come forward. If you will, please, state your name and address for the record. Veneziano: Giuseppe Veneziano. De Weerd: Can you pull that mike a little closer. Thank you. Veneziano: Giuseppe Veneziano. Resident 403 East Fairview, Meridian. De Weerd: Thank you, Giuseppe. Veneziano: Madam Mayor, Councilmen, the reason I'm asking for this is because I already went through the full process with Ada County and took about a year after all the fighting and I don't know if -- you guys are probably not aware of it, but it was a major discussion for me to be able to put the coffee shop there and the simple reason that it was moved away is to make room for the Double D plat to go in, but, you know, I was of the assumption that, you know, all the businesses that were already there were to be, you know, left there, of course, with the proper procedures and the only reason that -- the only way that that could have happened at the construction, you know, figure out a place to put it, because it's only eight -by -ten shop, as -- like most of it and what I'm asking is I shouldn't pay the 1,050 dollar fee for an application that has already been done prior to this -- to this application and now they ask me to redo it all over again. And as far as I'm concerned, gosh, money doesn't grow on trees. I'm scraping the bottom of the barrel. Money is just not there and I'm asking the Council to waive the fee. De Weerd: Okay. Thank you, Giuseppe. Any questions by Council? Borton: Madam Mayor? Meridian City Council March 14, 2006 Page 14 of 76 De Weerd: Mr. Borton. Borton: The letter you provided to Council makes reference to being told that -- you said you were told you would be grandfathered in and wouldn't have to pay any additional fees. Was that somebody from Ada County that said that or City of Meridian? Veneziano: When that comer was annexed by the city, according to the -- what I heard, was that all the business would stay there. And that would include mine, because mine was there already five years before this whole thing took place. And as far as the other thing, I mean the only reason I moved it out of the way to make room for those guys to -- they are a lot bigger than me. I don't want to be dozed down. De Weerd: Okay. Anything else, Council? Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: As the Mussell Comer project was going through the process, we did ask the applicant of that project if the expresso shop would stay and we were told it was not. The staff report states that the existing coffee kiosk located near the intersection of Victory Road and Kuna-Meridian Road will be removed if the application is approved. So, staff would request that the applicant does provide the money for the required conditional use approval. De Weerd: Okay. Anything further from Council? Do you have anything further you would like to add? Veneziano: The only thing I'm asking is I don't understand why I should pay twice for the same reason. Like somebody being -- I don't know, cited for a broken tail light and two miles down the road being cited all over again, once from the county sheriff and once from the city. De Weerd: Okay. So, your feeling is since you applied through the county that that should -- Veneziano: I mean all those fees were already paid. De Weerd: That was paid to the county. Veneziano: Yeah. I understand, but so the -- so is the impact fee and so is the full permits, I had pay for the division of the -- that driveway that was put through and there was a boat load of expenses that was -- I mean I think it was quite excessive to begin with, but I went through and what is the other business that were already there, as the nursery, as everything else, and I don't think they had to apply for a conditional use permit after annexation. I mean that -- I don't see why that shouldn't be included in the - Meridian City Council March 14, 2006 Page 15 of 76 - in the plat. I'm not moving it. I'm not taking it out of the property. I'm not improving it. I'm not making it bigger. I'm not opening a McDonald's. Just opening my little coffee shop that was there to begin with. I'm not asking for much. De Weerd: But our staff did explain why new -- Veneziano: Yeah. I understand that the step -- the only reason that the staff is asking me to pay the 1,050 dollar, which I'm -- to me that's a boat load right now. The money is just not there. I mean without that 1,050 dollars, it may not work for me to even pursue it. May as well trash it. Doze it. And to me that's a way of living. Make a living out of that and I haven't been able to make a living and, yeah, have been paying taxes for it, too. Property taxes are being paid. Insurance is being paid. Nobody has helped me on that. And as far as I'm concerned, it was there when it shouldn't be left there with the consent of the property owner. De Weerd: Okay. And has that been explained to you? Veneziano: Yeah. The simple reason it's been moved 50 feet away from the original position. De Weerd: It is annexed into the city. Veneziano: Yeah. I understand. De Weerd: And you were granted -- you were granted use by the county for a county use. Veneziano: Yeah. I understand. De Weerd: And fees are generally assessed for the time that their staff spends to process those permits and does the applicable work and inspections for that. It's just an offset. It's not to make money. It's to compensate for staff time, because taxpayers do not support these application fees. Veneziano: Oh, I understand that they -- De Weerd: Okay. I would have hoped that it would have been explained to you. Veneziano: I'm asking you for a waiver, because that thousand dollars is not there to begin with. De Weerd: Okay. Veneziano: And if this is too much to ask, so be it. Meridian City Council • March 14, 2006 Page 16 of 76 De Weerd: Okay. We will ask Council what their thoughts are. Thank you, Giuseppe. Council, if there is anything further you need? If not, I will need a motion. Rountree: Madam Mayor, given the explanation from Anna and reading of the record, the developer and builder and occupant of this particular property indicated this use would not continue, I don't see a justification to waive the fees. So, I will move that we deny the request for a waiver of conditional permit for Item No. 8.. Bird: I would second that. De Weerd: Okay. There is a motion and a second to deny the request for waiver of fees. If there is no further discussion, I will ask Mr. Berg to call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: Reconsideration / Clarification Request by Planning Director of City Council's Action for VAR 05-027 Request for a Variance to UDC 11-3.H requirements for access to State Highway 69 for Meridian Gateway by White -Leasure Development Company —1601 South Meridian Road: De Weerd: Thank you. Okay. Item 9 is a reconsideration request by the director of planning. Anna. Canning: Madam Mayor, Members of the Council, I think there was some confusion as to what was approved for variance 05-027 and I just ask that you reconsider opening the Public Hearing on that item. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: May I speak to that, seeings I'm the one that made the motion. And after -- I think I -- I think my motion wasn't as clear -- or wasn't what I meant it to be, which wasn't clear. I got my mouth before my brain. I had envisioned -- my thoughts on that motion - - and the second might not or might agree with me, but I felt that if we didn't get -- if we didn't get the lights at that second entrance and exit, then, that exit and entrance went away. That was -- that was my intent. And I don't think I stated it like that. But that was my intent. So, I would agree, if the rest of the Council feels the same way, with reopening it and relooking at it, because I don't think the minutes are going to show that I stated it in that clarification. De Weerd: Okay. Mr. Nary. Meridian City Council i March 14, 2006 Page 17 of 76 Nary: Madam Mayor, our practice has been if a member of the prevailing side wishes to make a motion to reconsider, they can do that. What I would recommend, if that's seconded and approved by the Council, then, you reset this matter for a Public Hearing later, with proper notice both to the applicant and affected members and the radius notices normally sent, so that we can have, again, a full Public Hearing and we would, essentially, start it at the beginning on this same issue on this variance. De Weerd: Okay. Thank you, Mr. Nary. Any further discussion from Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: The motion that I seconded -- and my recollection of this was to approve both accesses. My clarification on the light was that -- and I believe my statement was that I'm not a traffic engineer, nor do I want to get into that business, but if the light were warranted and approved by ITD, that I would support that decision. So, if the intent of the motion was to disallow the second access if there was no light prevalent, then, I think we need to reset this and consider the motion and give staff a little clearer picture. De Weerd: Okay. Do I have a motion? Bird: I would move that we reopen VAR 05-027 and set a date certain and republish an open meeting on that variance. Wardle: Second. De Weerd: Okay. There is a motion and a second to approve the reconsideration clarification request by our planning director. If there is no further discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, abstain; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. De Weerd: Thank you. Okay. Items 10, 11 and 12. Nary: Madam Mayor? De Weerd: Mrs. Canning. Yes, Mr. Nary. Nary: You might want to reset Item 9, then, today for a specific date certain. De Weerd: Okay. Mr. Berg. Meridian City Council March 14, 2006 Page 18 of 76 Nary: Or unless Mrs. Canning thinks we can just provide notice -- I guess, I'm song. I guess -- we have done it both ways. If you want to just pick a date in the future and we will send out the notices -- send out notices. Canning: I think that will -- was what was moved. So, that's fine. Nary: Okay. I'm sorry. Bird: It would have to be the 4th, wouldn't it? Nary: I'm sorry. It can be, actually, at any point, so -- Wardle: Well, Madam Mayor, if I may -- since I'm an integral part of this motion, I will be out of town and the country, actually, on the 28th, the 4th, and the 11th, so -- De Weerd: We were hoping to do it while you were out of town. Then, I can break the tie. Rountree: We won't have a quorum. Bird: We will not have a quorum on this if we do it after that. Rountree: On the 28th you won't have a quorum. De Weerd: We should bring it back when Councilman Wardle can come, even though I would love to break that tie. Bird: The 18th? De Weerd: Yeah. The 18th of April. Bird: It might not be a tie. De Weerd: Okay. Canning: Thank you, Madam Mayor, Members of the Council. De Weerd: Okay. So, on the final plats, Anna, are the applicants all in agreement on the findings or recommendation by staff? Canning: Madam Mayor, Members of the Council, yes, they are. I do need to provide just a brief explanation of Sond Subdivision, which, actually, follows the amended ordinance. Item 10: FP 06-006 Request for Final Plat approval of 50 residential lots and 13 common lots on 23.97 acres in an R-2 zone for Kinasbridae Subdivision Meridian City Council • March 14, 2006 Page 19 of 76 No. 2 by Vision First, LLC — south of Victory Road on west side of Eagle Road: Item 11: FP 06-007 Request for Final Plat approval of 35 building lots and 2 common lots on 7.01 acres in an R-8 zone for Bellingham Park Subdivision No. 2 by Bellingham Park, LLC — South Locust Grove Road south of Victory Road: Item 12: 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: Okay. Right now we will just consider Items 10, 11 and 12. Canning: That will work. De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve FP 06-006, FP 06-007, FP 06-010. Rountree: Second. De Weerd: Okay. I have a motion to approve Items 10 through 12. If there is no discussion, Mr. Berg, will you call roll. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: If I may. On item 12, Chesterfield Subdivision, there was a comment -- and this might be directed to Mrs. Canning. There was a comment by Joe Silva with fire with regards to the 22 foot wide surface in the alleys. Is that -- Canning: I will have to look it up briefly. It was my understanding that we were okay on everything, but, apparently, not. So, let me -- Borton: I just didn't know if the applicant and everything was fine with that as well. De Weerd: And that is on Item 12. Bird: Yes. Thanks, Mr. -- Councilman Borton. Meridian City Council • March 14, 2006 Page 20 of 76 Borton: That e-mail from Joe Silva concerning that. Rountree: It says it's standard comments, so -- Berg: Madam Mayor? De Weerd: Yes, Mr. Berg. Berg: Just on my records, it was part of the application, that e-mail that was sent to the applicant. So, hopefully, they read that e-mail as part of the packet. And that's as far as notification for that comment. De Weerd: Okay. Council, do you feel comfortable moving forward with that item? If not, I can remove that with the permission of the motion maker and the second and we can have it on the agenda for next week. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I might defer to Mrs. Canning in what she finds or thinks. I see the letter on -- for March 14th where the applicant agrees with all site specific comments and conditions, if you think that that concern was included as one of those conditions that the applicant agrees to. De Weerd: Is the applicant here? Okay. Canning: Madam Mayor, Members of the Council, I'm not sure that the applicant is aware that that -- the staff report for the final plat is not in my packet, nor is it in -- so, I can't answer it. Maybe we need to put it off for a week, so we can answer that question for you. Bird: Madam Mayor? De Weerd: Okay. Yes, Mr. Bird. Bird: As the maker of the motion, I would move that we pull FP 06-010 from the motion approving FP 06-007 and FP 06-006. And, then, I will deal with that after this. De Weerd: Okay. And second agrees? Wardle: Yeah. Rountree: Second agrees. Meridian City Council • March 14, 2006 Page 21 of 76 De Weerd: Thank you. So, the motion is to approve Items 10 and 11. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 13: Amended Ordinance No. 06-1210: AZ 05-043 Request for Annexation and Zoning of 11.7 acres from RUT to R-4 and R-2 zones for Sunstone Subdivision by Benchmark Construction — 1155 and 1123 North Black Cat Road: Item 14: FP 06-008 Request for Final Plat approval of 23 single-family residential building lots and 3 common area lots on 11.17 acres in R-2 and R-4 zones for Sond Subdivision by Clayn Sonderegger — 1155 and 1123 North Black Cat Road: De Weerd: Okay. Item 12 we will put on the agenda for next week, March 21 st. Okay. Items 13 and 14 are amended ordinance numbers 06-12110 or one zero and FP 06- 008. Anna. Canning: Madam Mayor, Members of the Council, as discussed previously, the amended ordinance is before you because of an incorrect annexation description sent to the state. So, we are -- the purpose of that is just to include the R-4 zoning, in addition to the R-2 zoning. The -- I asked you to pull Sond Subdivision, because there was a little bit of discrepancy on how street width would be measured. I did get a chance to talk to fire Chief Ron Anderson and it is understood that streets will be measured from back of curb to back of curb. So, condition number 21, which states that there will only be parking allowed on one side of the street would not apply, that the fire department will approve parking on both sides of the street with a street section that's 33 feet measured back of curb to back of curb. So, that was a concern of the applicant in their letter, but the fire department has agreed that that's how street sections will be measured. So, I think we have got that taken care of. De Weerd: Thank you, Anna. Council, do you have any questions? If not, I would need a motion to approve Items 13 and 14. Or -- yes, Mr. Berg, will you, please, read ordinance number 06-1210 by title only. Berg: Thank you, Madam Mayor, Members of the Council. Amending Ordinance No. 06-1210, an ordinance -- excuse me. An amended ordinance for annexation of property located on the northeast quarter of Section 8, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-2 and R-4 in the Meridian City Code, providing that copies of this ordinance shall Meridian City Council March 14, 2006 Page 22 of 76 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: Thank you, Mr. Berg. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? I will be really boring. Okay. Hearing none, Mr. Wardle. Wardle: Madam Mayor? De Weerd: Yes. Wardle: I move we approve Item 13, Ordinance No. 06-0210, with suspension of rules. Bird: Second. De Weerd: Okay. The motion is to approve Item 13 with suspension of rules. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Mr. Wardle. Wardle: Madam Mayor, I move we approve Item 14, FP 06-008. Rountree: Second. De Weerd: Okay. Motion is approve item 14. 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 15: Continued Public Hearing from March 7, 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. Item 15 is a continued Public Hearing from March 7th, 2006. 1 will, again, open this Public Hearing. Len. Meridian City Council • March 14, 2006 Page 23 of 76 Grady: Madam Mayor, Members of the Council, again, there was a confusion on the date for this. I think I'm a step behind on that. I believe the date's set for the 21 st. I'm seeing a nod from the clerk. De Weerd: Okay. Well, I would entertain a motion to continue this item to the 21 st. Rountree: So moved. Bird: Second. De Weerd: Okay. Motion to continue this item to March 21st. All those in favor say aye. Okay. Thank you. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: 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: De Weerd: Item 16 is a Public Hearing on VAC 06-002. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a request for vacation of sewer and water easements for Brenda Estates Subdivision. It's located south of Ustick Road, east of Black Cat Road, about in the middle of the section there. You can see the red circle around the area in question. The applicants wish to vacate the sewer and water located in Lot 15, Block 1 of Brenda Estates Subdivision. They are currently applying to ACHD to tum over the property that their private street is on, so they want it to become a public street, and ACHD requires that they vacate any existing sewer and water easements to do that. So, that is why they are before you today. The areas in that lot are commonly known as Brenda Lane, Daily Lane, and Interlachen Lane. The Commission did not make a recommendation on this item. It doesn't go before them, so it's not applicable. To our knowledge there are no outstanding issues before Council. You do have -- you do not have Findings. Legal staff normally prepares a resolution to document your action on the vacation requests. And with that I'll end staffs comments and answer any questions you may have. De Weerd: Council, any questions for staff at this time? Bird: I have none. De Weerd: Does the applicant have anything they would like to add? Is the applicant here? If you will, please, state your name and address. Christensen: I'm Ron Christensen. I live at 2216 North Interlachen. Meridian City Council • • March 14, 2006 Page 24 of 76 De Weerd: Thank you. Christensen: And I'm the president of Brenda Estates Homeowners Association. So, I really -- you know, if you have got any questions I will try to answer them. De Weerd: Thank you. Council, any questions? Thank you, sir. Christensen: Thank you. De Weerd: Is there anyone who would like to provide testimony on this application? Okay. Seeing none -- Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Seeing no further testimony, I move that we close the Public Hearing on Item 16. Borton: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 16, VAC 06-002, and direct staff to prepare a resolution. Rountree: Second. De Weerd: Okay. Motion to approve Item 16 with direction to staff to prepare a resolution. 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 17: Public Hearing: 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 Meridian City Council • March 14, 2006 Page 25 of 76 Brighton Development — west of North Locust Grove Road and south of East McMillan Road: De Weerd: Thank you. Item 17 is a Public Hearing on VAC 06-001. 1 will open this Public Hearing, Item 17, with staff comments. Canning: Madam Mayor, Members of the Council, this is the Quenzer Commons Subdivision No. 9 vacation. It's located north of Ustick Road, west of Locust Grove. And the applicant is requesting that Lots 1 through 6 in Block 27 and Lots 1 through 7, Block 28, 1 through 7, Block 29, and 1-7, Block 30 of Quenzer Commons Subdivision No. 9 be amended to allow zero lot line setbacks, which would -- which requires vacating the platted utility easements along the side yard lot lines. Again, the Commission does not act on these application, so you have no recommendation before you. To our knowledge there are no outstanding issues for Council and you do have findings in your packet, but you don't need to address those findings. Staff will prepare resolutions reflecting your decision tonight. With that I will answer any questions. De Weerd: Thank you, Anna. Council, any questions? Bird: I have none. De Weerd: Is applicant here this evening? Okay. Do you have any comments? No comments by the applicant. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Seeing none -- Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we close Public Hearing on Item 17. Borton: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 17. 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 17, VAC 06-001, and direct the staff to prepare a resolution. Borton: Second. Meridian City Council • March 14, 2006 Page 26 of 76 De Weerd: Okay. The motion is to approve Item 17. 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 18: Public Hearing: 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: Okay. Item 18 is a Public Hearing on AZ 05-060. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Ada County Highway District Ustick Road property project. It is located south of Ustick and east Eagle Road. Just to note that every project before you tonight is within a half mile of Ustick Road. I thought that was interesting. This is just an annexation and zoning requirement. The applicant, ACHD, has applied for C -G zoning on these 4.92 acres. The property is right here. They are not proposing any -- to construct any commercial buildings at this time. This does come forward with a recommendation for a development agreement from the Commission and what's currently proposed in that development agreement is that -- aside from the standard ones, is that prior to issuance of any building permit the subject property be subdivided, that a street buffer, constructed in accord with city code, be installed along Ustick Road and the future collector roadway. That the preliminary plat includes the entire 4.92 acres. So, no out parcels. And that no direct lot access to Ustick Road would be allowed. This is not intended to prohibit a public street connection to Ustick Road, of course. And that in case of any division of the property, cross -access to parcels south and west of the site be granted at intervals to be determined by ACHD. So, that would be on the remainder of the property. And that a landscape buffer would not be required along the east side of the future collector roadway, but that there would be one on the west side. We don't have any elevations before for you tonight. The Planning Commission did recommend approval at their February 16th hearing. Becky McKay from Engineering Solutions spoke on behalf of the applicant. Gary Inselman from ACHD also spoke. No one spoke in opposition. Fitzroy Belcher did comment on the application. He lives off of Duane Drive, which is just to the east as shown here. And key issues of discussion by the Commission were the 20 foot landscape buffer on the eastern property boundary. The road alignment with Allys Way, which is just north of this property, just on the other side of Ustick. And, then, cross -access requirement to other properties south and east. The key Commission changes to staffs initial recommendation were to remove the within 18 months requirements from the development agreement language and to add on page add that there would be no direct lot access to Ustick Road, except for the future road. And to add a comment in the development agreement that the landscape buffer would Meridian City Council March 14, 2006 Page 27 of 76 not be required along the east side of the future collector roadway. Mrs. McKay did hand out some comments that she had on the development agreement provisions. You do have Findings for approval before you tonight. Those do include discussions about the development agreement, but the -- Mr. Nary can correct me if I'm wrong. I think you can change the provisions of the development agreement as you're going through the process without changing the annexation findings, but I'm not sure on that issue. And with that I will end my presentation and answer any questions you may have. De Weerd: I guess, Anna, my question is at Planning and Zoning did they have a discussion? Generally we do not annex without a plat. Did they have that discussion and -- Canning: Madam Mayor, are you -- are you speaking in reference to the requested changes that the applicant is requesting? We do sometimes annex without a plat. Usually we have some concept plan at minimal for you or some future development proposal. A little bit of the tricky part on this one is that normally we don't dedicate roads, excepted through a plat, but this is a very unique situation in that it's -- the applicant is the highway district themselves. It's been a -- kind of a little bit of a challenge to figure out what to do there. I guess what we would -- this one is a little tricky. Maybe it would be better for the applicant to state their concerns with the conditions of approval before we get into too much discussion on them. So, you can hear why they are arguing for this. De Weerd: Okay. I would appreciate hearing from ACHD, their feelings about that. Would the applicant like to come forward? If you will, please, state your name and address for the record. McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle. De Weerd: Thank you. McKay: We have been retained to represent Ada County Highway District on this particular application. Just to kind of give the Council and the Mayor background as far as why this application is before you this evening, because it is unusual. I think it's my first time representing the highway district. When the rebuild for Ustick Road, Eagle Road intersection was planned, ACHD went through and acquired right of way -- purchased right of way from adjoining parcels. This particular skinny parcel you see here had an existing home right up adjoining Ustick Road. The parcel was 166 feet wide and I think approximately 1,290 feet deep. So, it's really skinny and very long. The particular property owner -- I think it was an elder lady -- indicated to the highway district she had no interest in selling off a portion of her property for Ustick Road improvements. If they wanted right of way they would have to purchase the home and the entire parcel, which consists 4.92 acres. So, in order to, obviously, get this rebuilt here in front of the Lowe's store, ACHD purchased the entire property. At the same time the property due west of them, this Una Mas or whatever I think it's called, is before you this evening. This is the application that is behind us also requesting annexation Meridian City Council March 14, 2006 Page 28 of 76 and rezoning to a C -G. It was the hope of the highway district that they would take the right of way off Ustick Road that was needed for the rebuild and, then, retain 60 feet along the eastern boundary for a future continuance collector. I don't think Anna's got a bigger map. Oh, yeah, there she goes. I got to put my glasses on. I can't see anymore. Okay. So -- there we go. So, it is the hope -- Allys Way is located down here -- or that's the signal at Crossroads Marketplace or retail center at Ustick Road. ACHD wants to have a collector roadway come down this eastern boundary and, then, it will enter into this property and, then, come in and intersect at that existing signal at Fairview Avenue. It's also their desire that when this property here develops, that they will get some type of a collector roadway going out here at this half mile and that is based upon, obviously, minimizing the number of approaches along the Eagle Road corridor and facilitating interconnectivity throughout this section and funneling this traffic out to signals. Also, I think in your Comprehensive Plan there is quite a bit of discussion in this mixed use regional area designation to minimize the number of access points and to promote frontage and backage roads for any commercial developments. And it's the hope that through cross -access easements the proposed Gateway Marketplace that's located here and is currently, I believe, back at the Planning and Zone Commission for some redesign, that they would interconnect with Una Mas, therefore, intersecting here with this potential collector roadway. Now, obviously, since the parcel is 166 feet wide and they need to retain 60 feet for a collector, it's really not usable for -- so any attempt to provide the Council with a site plan would be just not possible. ACHD has met with the Gateway Marketplace development team, also with the Una Mas team and myself, talking about the interconnectivity and in hopes that this parcel would be placed with this parcel here when -- in the future for development of the entire portion as one. That is the hope and the desire. We have read the staff report. ACHD does understand that they are going to be entering into a development agreement. They did have a couple of things they wanted me to clarify. I brought some copies for the Council. I did provide one to the staff. It's on page seven of the staff report. If I could hand these out. On page seven, the bullet items that the staff has recommended and the Planning and Zoning Commission has recommended that be included in the development agreement, under bullet number three, as you see the bolded area, ACHD wanted me to add that sewer and water service extension in the future collector shall not be required of Ada County Highway District. The reason that was requested is there is the 12 inch water that's already in Ustick Road that's been extended down to the entrance at Redfeather, a 12 inch water main was extended and your sewer main was extended along the slough here or what I thank they call the Finch Lateral. And it's my understanding that that's where this area will sewer. And so we don't want to, obviously, be required to provide services within that collector. You may have Mr. Grady comment on that statement. On item five, the sentence reads that prior to issuance of any building permits the subject property, excluding that portion retained by Ada County Highway District, be subdivided in accordance with the City of Meridian Unified Development Code. And the reason we wanted to add that is ACHD does not want to -- it mandated that they be part of a plat for the portion that they are retaining for existing and future right of way. And I think bullet number six states that preliminary plat shall be submitted to the city on the portion of the subject property not retained by ACHD for existing or future right of way. Do you have any questions? Meridian City Council • • March 14, 2006 Page 29 of 76 De Weerd: Council, any questions? Bird: I have none. Rountree: None. De Weerd: Okay. Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this item? If you will, please, state your name and address for the record. Broadhead: Okay. Michelle Broadhead. My address is 2875 Duane Drive. We are -- I'm representing several of the neighbors from the Perkins Brown Subdivision and I guess I -- I e-mailed to all -- everyone except for the Mayor and I don't know if you got it. Just some of our concerns regarding this. We have -- did have several meetings at which we have asked a lot of questions like the landscape buffer and fencing and the irrigation canal that runs between our property and the property of ACHD and what will happen there. There has been talk of walking paths and bike paths, but so far what we get when we ask questions is that will all be determined at a later date. The Planning and Zoning meeting that was held on February 16th, they approved having no landscape buffer, which is contrary to city -- unified city code. And that -- we were taken by surprise at that, because they had told us that that wouldn't be discussed at the Planning and Zoning meeting. So, I guess what our hope is is that nothing will be decided at this point until they have some specifics with regard to what it's going to look like on our property and the minimum that we hope is at least some fencing there, because most of us have livestock that would be right next to this collector road, so -- there are other -- in fact, I have got one if you would like one of these, Mayor, that I didn't have your e-mail. De Weerd: That's all right. It is on -- in our public record. Broadhead: Great. De Weerd: Thank you. Broadhead: Okay. So, anyhow, that's our main concern. We are hoping that there wouldn't be any decisions without some input from the neighbors, which is what they have said we would be able to have, and have had none. And none of them are major concerns, we just would like answers, which they don't appear to have or be willing to give. De Weerd: Okay. Thank you. Council, any questions? Bird: I have none. Rountree: I have none. Meridian City Council • March 14, 2006 Page 30 of 76 De Weerd: Thank you. Okay. Is there any further testimony on this application? Okay. Do you have any closing remarks? Becky, have you -- have you seen the letter that we received? McKay: No, I have not. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I think while -- Becky, if you want to take a second to look at that, I have got a question. McKay: Okay. Borton: That third item that Becky mentioned to Mr. Grady to see if you had any comment with regards to the sewer and water service extension. Grady: Madam Mayor, Members of the Council, we either need water and sewer down Duane Drive or through this future ACHD parcel. So, at this point I would prefer to keep the place holder and at our -- as we work through in the future we could remove that requirement. Borton: But leave it in for now? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: If I could clarify, Mr. Grady, I believe the requirement says that they need to -- the applicant would construct the actual line. Are you talking about leaving an easement of some sort or to leave the condition that they provide that? Grady: I would say we typically do require them to construct it. But in a case where we are trying to get Duane Drive -- get access down through there -- and I'd say that's a good possibility that that will happen, then, we wouldn't require here. Normally it's to and through. I know that this is a little bit of an odd case, so it would really be at your discretion. De Weerd: Okay. Did that answer your question? Borton: It did. De Weerd: Okay. Thank you, Becky. Meridian City Council • March 14, 2006 Page 31 of 76 McKay: I'd just like to kind of discuss some of the comments that were made -- based on, obviously, the limitations of the property, as far as width, that is what the driving force, so that we have some usable area to, obviously, convey or put with the property to the west. Secondly, the fact that those lots in Duane Drive are 640 feet deep and all of the homes are located up along the Duane Drive corridor here. This is Summer's Funeral Home. The LDS church is here. Mr. Inselman has indicated that ACHD was going to try to make some overtures to Summer's, to the LDS church, to see if they would be interested in taking access off that collector and, obviously, trying to do away with some of those access points that already currently exist along Ustick. This would also function for future re -subdivision of the 640 foot deep lots. We have seen in the past in some of the other old county subs where they did the really deep lots and where the homes were up on -- along the local street, that if a road was built to the rear, that we did see some re -subdivision take place. So, that was one of the other thoughts that came to mind. At this point in time Ada County Highway District does not have any design for the collector. So, therefore, to make, you know, any commitments as far as what they are going to do with the irrigation, I don't have any plans to show them. Obviously, Mr. Inselman indicates that he will cooperate with the neighbors as far as any piping of ditches. It would be, obviously, the responsibility of the highway district. This will be a 60 foot right of way with a 46 back-to-back collector roadway, three lanes, plus a bike lane that would be built along here. Fencing. He indicated to some of the neighbors at the last Planning and Zoning Commission meeting that he would coordinate some fencing with them to make sure that -- that we didn't create a problem, because some of them do have pastures, they do have animals. There is between two and five acres, so they can legally have animals. The landscape buffer, they agreed that it made sense when the property developed that there be landscape buffer on the west side, but they did not believe that ACHD wanted it on this — this east side. The west side was acceptable, but the east side. It just starts eating up so much of the width of the property. It will align directly with the center line of the Lowe's collector located right here. Have I answered all your questions? De Weerd: Council, any questions? Bird: I have none. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: If the property -- I'm a bit confused on the landscape buffer on the eastern side. The property is about 165 feet wide and you have got a 20 or 25 foot landscape buffer and 60 foot, roughly, for a future street. Tell me -- it sounds like there is space. It doesn't sound like a space issue. Is there a different reason why there wouldn't be a buffer? McKay: Well, it's as far as what's usable. We have got 166 feet in width. ACHD will utilize approximately 60 feet of right of way. Then, that leaves 106 feet in width that Meridian City Council March 14, 2006 Page 32 of 76 they could, obviously, sell to the adjoining property and as far as the usable area. If the landscape buffer is placed there, then, that would, obviously, be a barrier for any access to the collector for redevelopment of the Duane Drive properties. It also -- in my comments -- or my discussions with Mr. Inselman, ACHD, you know, they -- they typically don't go out and maintain a lot of landscaping and I think their main priority is interconnectivity within the interior of this section to try to cut down on the potential access points along that Eagle Road corridor and along the Ustick corridor. Borton: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: If I can ask for clarification and maybe Mr. Inselman can help us. When we are talking about building the collector, we are talking about building in that 60 feet a modem street that is curb, gutter, and sidewalk and it's finished product, not a -- essentially, a strip of land that won't be -- have anything on it; is that correct? McKay: Yes. They intend to build that. If, obviously, we can get the interconnectivity here, the cross -access with these other parcels, and access to Eagle Road -- direct lot access is not granted, then, this would be the backage road as recommended in your Comprehensive Plan for development of this particular Eagle Road corridor. So, it will be improved. It's a full section. De Weerd: So, is the intent to build the road up against the property lines of that subdivision? McKay: The right of way would be adjoining their boundary. Correct. It will be adjoining their boundary. And all their homes are located right up in here. And, then, these -- most of these are like pastures, gardens, large yards and, then, the 46 back to back would be within the 60 foot right of way. De Weerd: So, we will have something similar on Pine where you have -- oh, what is that subdivision by Crossroads? Where you have a fence and, then, a sidewalk and, then, a road. McKay: Yes. I think that's what -- Gary may want to elaborate on that. I'm not involved in -- as far as their design of it. Yes. He indicates yes. De Weerd: Which is about the ugliest thing I have ever seen in my life. Okay. Thank you. McKay: You're welcome. Grady: Madam Mayor? Meridian City Council March 14, 2006 Page 33 of 76 De Weerd: Yes, Len. Grady: We weren't aware that there was an issue with the water or sewer prior to this meeting, so, if possible, if you could give me a week to research this and to make sure that we are requiring something that makes sense. De Weerd: Thank you, Len. Okay. Council, if staff needs to bring further information about water and sewer back, we would need to keep the Public Hearing open for that additional information or at least their response. What would be your desire? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no further discussion at this point, I would move that we continue the Public Hearing on this item until the 21 st and at that point take testimony from the city staff as it relates to the continuation of sewer and water. Bird: Second. De Weerd: Okay. The motion is to continue this Public Hearing, Item 18, to March 21st, 2006. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 19: Public Hearing: 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 19 is a Public Hearing on AZ 05-061. 1 will open the Public Hearing with staff comments Canning: Madam Mayor, could I take just a moment to talk to one of the speakers, the last one? It will just take me a second. Is that okay or would you like me to go forward? I can call her. Never mind. De Weerd: If you can introduce this and maybe talk to them in between. Canning: Great. Thank you, Madam Mayor, Members of the Council. This next application is for Una Mas, which means one more, and it is immediately adjoining the ACHD property to the west. It is on -- again, on the south side of Ustick Road and it is just an annexation and zoning application as well. They are asking to zone 9.55 acres to C -G. Again, they haven't stated a specific square footage of commercial development that they would like to see. They have provided this concept plan. It does show four buildings and, actually, the concept plan does show the ACHD right of way Meridian City Council • • March 14, 2006 Page 34 of 76 conceptually. This would be the remainder ACHD property that they may or may not acquire and, then, this would is potentially one way it could develop with cross -access easements going to the -- further to the west and that property is within the pipeline for your consideration as well. Once, again, a DA is recommended and some of the unusual provisions of that development include that prior to the issuance of any building permit that the subject property does go through the subdivision process and that a street buffer, constructed in accord with city code, be installed along Ustick Road and the future collector roadway. So, this -- if it adjoins the future collector roadway that would be apply. That the preliminary or short plat includes the entire 9.55 acres, no out parcel. That there be no direct lots access to Ustick Road and that the existing driveways to Ustick Road may be for construction purposes until the future roadway is completed. That in the case of any division, cross -access to parcels on all sides of the site be granted. That the applicant provide a minimum of one commercial cross -access drive to the properties east and west of the site, which would be designed in accord with our private street standards. And that would have a 24 foot right of way with sidewalk on one side. And that the applicant shall work with ACHD to determine if a public frontage road shall be provided at the southern boundary of the site. Let me go up to -- this is -- would be the southern boundary. A little easier to see on this one here. And that would, basically, be for a 42 foot public right of way. Again, we do not have any elevations of any proposed commercial structures. The Planning Commission did recommend approval at their February 16th hearing. In favor -- I am not sure how to say the name. Hanson Rice Engineering. No one spoke in opposition. No one commented. The key issues of discussion by the Commission were the acquisition of the remainder ACHD property and the applicant indicated that they do not know what will occur with the ACHD auction. And the road alignment with Allys Way and the potential public road at the south property boundary and, then, cross -access requirements to all the properties west and east. There was no changes to the staffs initial recommendation. To our knowledge there are no outstanding issues before Council. You do have Findings for approval tonight. De Weerd: Thank you, Anna. Is the applicant here? Do you have any comment? Okay. The applicant has no comment. Council, any questions for staff or the applicant? Bird: I have none. De Weerd: Okay. Canning: Madam Mayor, if I could make one more comment. I'm song. I should explain that this is the half mile mark and we do anticipate that in the relatively near future that we will have an application on these properties and that there would a signal placed at that half mile location and you would have a collector road coming this way and, then, a collector road coming that way. It was talked about as the frontage road system, but I thought I should give you that little broader perspective on what's going on. Meridian City Council March 14, 2006 Page 35 of 76 De Weerd: Thank you, Anna. Is there anyone in the audience who would like to provide testimony on this application? Okay. Seeing none -- okay, Council, what would you like to do? Bird: Madam Mayor, hearing no more testimony, I'd move we close AZ 05-061 Public Hearing. Rountree: Second. De Weerd: Okay. The motion is to close the Public Hearing on Item 19. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I'm not so sure I understand or agree with the need or desire to approve this annexation at this time. It seems like what's going to take place on the property, at least is somewhat unknown and also seems somewhat contingent on what takes place maybe next week with ACHD's application and request and where the roadway may or may not fall within that property and, then, how that might impact what property, if any, is left over for ACHD to sell, which, then, might -- sounds like become part of this property, which, then, impacts how this property is set forth. All those concerns just make me hesitant to approve this request at this time. I don't necessarily see a benefit to rushing through it, at least until we know what's going to take place with the highway district's request next week. If we get answered there, that might impact what takes place here. So, I'd rather -- my sense is to take them in that order. De Weerd: Okay. Any other comment from Council? Rountree: Madam Mayor, I don't disagree with Councilman Borton. I would have a question for counsel in terms of can we defer a decision until after action on the previous item once its hearing is closed? Nary: Madam Mayor, Members of the Council, Councilmember Rountree, our ordinance doesn't require that you take an action today. If you have, obviously, other information you want to have, whether -- if you want more information you can open the hearing or if you simply want to wait to see how this property and this decision to annex is in the best interest of the city and making that decision relates to another parcel of property, you certainly have the ability to table this item for one week. If it was longer, certainly, that may be a different -- different consideration, but one week is probably not, so-- Meridian City Council • March 14, 2006 Page 36 of 76 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with what Councilman Borton said. I -- but I didn't feel we need to keep the Public Hearing open. I mean I have heard everything I need, but I do believe we need to -- this should come after the previous application, seeing how a lot of this is dependent upon the other parcel. So, I would have no problem of tabling this for one week. De Weerd: Council, I guess I will just add my few comments to this discussion and since the conceptual plan does include ACHD's piece, I do have a concern about the fence, a sidewalk, and, then, a road. We do have it in a couple of areas of our community and it really is a hazard. If you have watched any kids walking on those sidewalks down a busy road and do not fear for their lives, because we all know they don't always pay attention and it really is a concern. If they are going to show a site plan that includes the roadway and includes ACHD's parcel, they do have a landscape buffer there. If there would be an opportunity to run that road a little bit further to the west, so that there is a landscape buffer between the fence, the sidewalk, and the road, it would be certainly something that would be more of an amenity to our community and certainly less of a safety issue. So, just my two cents worth. I would look for your direction. If you would like to have it continued, I would need a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we table Item 19, AZ 05-061, request for annexation and zoning until March 21st. Bird: Second. De Weerd: Okay. The motion is to continue this item to March 21 st. All those in favor say aye. Any opposed? All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 20: Public Hearing: 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: De Weerd: Item 20 is a Public Hearing on VAR 06-007. 1 will open this Public Hearing with staff comments. Meridian City Council • March 14, 2006 Page 37 of 76 Canning: Madam Mayor, Members of the Council, this is a request for a variance by Vallin Court Subdivision. It's located south of Ustick and west of Meridian Road. It is in this area right here. It's kind of the darker yellow area there. This is a variance application and it is a request to measure the street side building setbacks from the property line instead of the back of sidewalk. What happened on this application is that it went through the preliminary plat and the final plat under the former development code, under the -- Titles 11 and 12 of the Meridian City Code. At that time we were measuring front setbacks from the property line. I thought I -- I thought that most of the properties that had detached sidewalks in an easement had already constructed out. As it turns out, this one was left out, so this one was kind of in between the two codes. They really had planned on measuring setbacks from the property line. It is a smaller lot property. The lots were specifically designed with a product in mind. So, they -- you're not really approving anything different than what was approved with the preliminary and final plat. The difference is in how we measure setbacks now. One of the reasons we did go to measuring setbacks from the sidewalk line is -- instead of the property line is because we had been getting sometimes the sidewalk in the ACHD right of way, sometimes it's not and this gave a more uniform appearance to the streetscape. But staff is supporting this variance request. We do feel it does meet the findings for a variance, because they were, essentially -- they are only asking for what they were originally approved. They just got -- their building permits weren't pulled before the code changed, so they were not able to construct what was originally approved. So, we do think it meets the findings for -- it doesn't grant a right of special privilege that is not otherwise allowed in the district. It does relieve an undue hardship because of characteristics of the site and it's more of a timing characteristic than it was a physical characteristic. And we don't believe it will be detrimental to the public health, safety, or welfare. So, we do feel it meets those findings. We don't have elevations for you. Again, this is a variance request, so there is no Commission recommendation. To our knowledge there are no outstanding issues, but I do notice that there are a lot of neighbors here today. You do have findings for approval in your packet. With that I'll answer any questions you may have. De Weerd: Okay. Any questions for staff? Okay. Seeing none, is the applicant here? If you will, please, state your name and address for the record. Walker: Greg Walker, president of Walker Homes, Incorporated, 880 East Franklin Street, Suite 306. De Weerd: Thank you. Walker: Are there any questions you may have? De Weerd: You agree with all staff comments? Walker: Yes. De Weerd: Okay. Any questions for the applicant? Okay, seeing none, thank you. Meridian City Council • • March 14, 2006 Page 38 of 76 Walker: Thank you. De Weerd: Okay. This is a Public Hearing. Is there any member of the public who would like to provide testimony on this application? If you will, please, come forward. And state your name and address for the record. Simunich: I'm Joe Simunich and I reside at 955 West Ustick Road. I have a couple of questions regarding this subdivision. It's not related to the setbacks, so I would like to have a few minutes to ask a couple of questions of the Council here. I have got some pictures here I'd like to pass out, so you can look -- to the Councilmen and you can look at them and have a better idea of what's taking place. De Weerd: Okay. Mr. Simunich, we can put that up on the screen. If you'll give it to Anna. Okay. Mr. Simunich, is this regarding the Public Hearing that is before Council right now? Simunich: It's regarding Vallin Court Subdivision. De Weerd: Okay. But is it pertinent to the hearing that is open tonight? Simunich: It's not pertinent to the setback, but it is pertinent to the subdivision and to the adjacent landowners. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess since the person testifying, Mr. Simunich has indicated it isn't related to this, I mean I don't -- I don't want to muddy the record on a variance on gathering other information that doesn't relate. If there is something that you need to discuss with the planning staff or the legal staff about some other compliance issues, we can certainly have that, but I don't want to muddy the record of a variance on information that you have now testified to be related to the variance. That's the only information that Council really can listen to tonight is related to the application that's in front of it, not something else that might be related to how it's being built or some other concern you have. Simunich: Then, I might ask one question. Why are we not informed as neighbors as to changes in the plans of these subdivisions? De Weerd: Okay. Nary: Well, Madam Mayor, Members of the Council, I think Mr. Simunich -- I mean if that's your concern, I think you need to have that discussion with the planning department or the building department if you're talking about changes made to a plat or changes made to compliance when those plats are approved. Those are something Meridian City Council • March 14, 2006 Page 39 of 76 you could certainly have a conversation with those departments about it, but it isn't pertinent to the information that the Council has to make a decision on tonight. Simunich: Well, thank you, but it looks like to me there were changes made in these plans after they have been approved and we don't know about them until the actual construction has taken place. De Weerd: Mr. Simunich, if you can get with our planning staff tomorrow and ask the questions. If you need to, you can certainly come before Council, but you do need to see -- or take your issues to staff first, so we have a chance to respond. Simunich: I will. I will, Mayor, but we have gone to Planning and the answers are very vague. They don't return the phone calls. They have so many recordings and I will try again. Thank you. De Weerd: Mr. Simunich, Len has your pictures for you as well. Thank you. Okay. Is there anyone else who would like to provide testimony on this application? Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Question for Mrs. Canning. Anna, can you tell me if a variance isn't allowed or provided for at this hearing, what's the practical effect on this property or this development? Canning: It effectively cuts off five feet of their property. The sidewalk encroaches five feet. So, they are asking, basically, for a five foot reduction. They had designed the units with a ten foot spacing from back of sidewalk. And the current code would require 15. Borton: Okay. De Weerd: Okay. Anna, if you will, please, get a hold of Mr. Simunich in the morning. Okay. Council, any further questions for staff at this time? Okay. Do I have a motion on this Public Hearing? Bird: Is there anybody else that wants to testify? De Weerd: I had asked that. Any other testimony on this application? Does the applicant have any concluding remarks? Any further statement? Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council • • March 14, 2006 Page 40 of 76 Wardle: Seeing no further testimony, I move we close the Public Hearing on Item 20. Borton: Second. De Weerd: Okay. The motion is to close the Public Hearing on Item 20. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Is there any discussion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that -- or I do have a question of legal staff. We have got finding that reflect this variance; is that correct? Madam Mayor, with that I move that we approve Item 20, VAR 06-007. Borton: Second. De Weerd: The motion is to approve VAR 06-007. Mr. Berg, will you call -- Rountree: Madam Mayor? De Weerd: Oh, I'm song. There is discussion. Rountree: There is discussion and a point of clarification and it would be for Bill. Just so I'm clear in understanding the situation, that this is a situation created by the city in its action related to subdivisions, ordinances, and the length of time this project has been approved. So, in fact, we have created the hardship? Nary: Madam Mayor, Members of the Council, Councilmember Rountree, that's my understanding in discussing with the staff and the staff report that this simply fell in the gap between the changes in the ordinance. What was previously approved by this Council is what they are attempting to build, but now under the current ordinance that wouldn't be compliant, but the hardship, as you stated, is, really, created by the changes in the ordinance in the time period it took to build this. Rountree: Okay. Thank you. De Weerd: Okay. Any further 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 14, 2006 Page 41 of 76 Item 21: Public Hearing: AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C -G zones for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: Item 22: Public Hearing: RZ 05-019 Request for a Rezone of 10.05 acres from C- G to R-8, R-15 and C -G zones for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: Item 23: Public Hearing: PP 05-059 Request for Preliminary Plat approval of 54 single family residential lots, 22 multi -family residential lots, 14 common lots and 7 commercial lots for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: Item 24: Public Hearing: CUP 05-052 Request for Conditional Use Permit for Mixed Use Regional project within 300 feet of a residence for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: Item 25: Public Hearing: MI 05-013 Miscellaneous request for a Private Street application for multifamily and commercial development for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: De Weerd: Okay. Public Hearings 21, 22, 23, 24, 25 and 26 are all related. I will open all of these public hearings on AZ 05-057, RZ 05-019, PP 05-059, CUP 05-052, MI 05- 013 and VAR 05-023. No? Nary: Madam Mayor, Members of the Council, you might want to separate out Item 26 on the variance from the rest of the application. Canning: Madam Mayor, Members of the Council, I thought Mr. Nary told me earlier today that they need to keep the annexation -- they can't move on the variance until the annexation -- are you just suggesting they move the variance to the end or -- Nary: Right. That they hear the variance issue separate and apart from the others. Partly so the full Council can hear all of the application, but also because they can't act on the -- the Council can't act on the variance until you have at least acted on Item 21. Maybe that was what I guess maybe I just wasn't clear with Mrs. Canning earlier in our discussions, but -- De Weerd: Okay. Thank you, Mr. Nary. I will open up Items 21 through 25. Open them with staff comments. Canning: Madam Mayor, Members of the Council, this is the Bienville Square project. It's located on the south side of Ustick west of Eagle Road. It includes one portion of Meridian City Council w March 14, 2006 Page 42 of 76 property that is currently annexed and one that is currently within the county and that's why you have both an annexation request and rezone request as part of the approval. This is a preliminary plat with conditional use approval to; basically, construct a retail, restaurant, and office uses, as well as a mixture of attached, detached, and alley access residences on approximately 27.36 acres. A portion of this property, the portion that's currently zoned and annexed in the city was included in the Kissler, Cobb, Egge annexation project and there is a corresponding development agreement with a conceptual plan and I do have that concept plan if you want to refer to it. The overall design of the site -- I'm sorry, I can't go down that, because that's associated with the variance. Let's see. The application as currently submitted does show an access to Eagle Road on the concept plan and I will get to there. However, it's conditioned so that it works either way. So, the conditions of approval do accommodate not having access to Eagle Road. This always gets difficult for me. Sorry. I didn't think about it this way, so it's taking me a moment to adjust my presentation. I apologize. We have recommended a development agreement with this application. That development agreement would accommodate a number of special provisions. One was a phasing plan. The applicant -- this would be developed in phases, but the staff felt it was important to get the landscape buffers along the southern and the eastern and the western property lines. So, basically, everything except the northern property line we would ask that that landscape buffer be installed with the first phases of the development. The applicant -- as far as nonresidential buildings, those occur here at the front part of the property and they have requested a maximum of 54,000 square feet of retail, restaurant, and office spaces. The development agreement as currently proposed would limit the applicant to their request, with an allowance of up to 20 percent additional commercial square footage, which would make it a total of 65,000 square feet for more marketable conditions. The maximum square footage of a single building would not exceed half of that maximum request. Regarding the residential buildings, as shown on the remainder of the property, they have presented several elevations for both the alley access residential, the townhouses, and the detached single family residential projects. So, let me get to those. These are some of the products. That's the attached. That's the detached. I'm not sure on the apartment complex one. I know the applicant has a presentation prepared that will provide more elevations for you, but -- although these elevations are -- should be included in the DA, we would also like some clarification on specific height, bulk, types of materials, and location for each type of elevation to address the concerns of adjoining property owners and include those within the development agreement. Then, regarding pathways, the applicant would coordinate with the parks department and Nampa -Meridian Irrigation District to define the location of the multi -use pathway, bridge maintenance, and landscaping along the Finch Lateral, which is along the southern portion of the property. As part of the project the applicant is requesting several zones. Those are shown here. It would be C -G at the front of the property along Eagle Road. R-15 toward the interior. And, then, decreasing the density to R-8 as it nears the other adjoining property owners in Carol Subdivision. The Commission has recommended approval to you. They heard it on February 16th, 2006. Bob Unger from Redcliff Development spoke in favor. There were several neighbors that live on Leslie Drive that spoke in opposition or commented. Those included Bill Knorpp, Steve Grant, Candy Seeley, Linda Morris, Betty Rosso, and Meridian City Council • • March 14, 2006 Page 43 of 76 David Thurston. All of them live on Leslie Drive. The key issues of discussion by the Commission were the Eagle Road access, the perimeter buffers, including landscape, screening, elevations, pathways, canals, and fencing material. Cross -access requirement to other properties to the north, which is the Sadie Creek Promenade property. And revised condition -- the key changes that the Commission made to staffs initial recommendation were to revise condition 1.1.16 to read that Eagle Road access is essential and full access at the quarter mile is preferred and to revise condition 1.14 to read that no changing to the landscaping along Eagle Road are required. The outstanding issue before City Council -- again, as I mentioned before, this -- the conditions are worded to, hopefully, accommodate either -- or they are designed to accommodate either approving the variance or not approving the variance. And, then, the Planning Commission did make a special recommendation that they wanted to pass along to you and that -- they requested two things. They were fully in support of a -- and that's the next conversation. Sony. The Commission has requested that if you deny the variance that this be -- that the site design be remanded back to the Commission, so that they make revised recommendations on the site plans showing no access to Eagle Road. You do have Findings for approval in your packet and I will answer any questions you may have. De Weerd: Okay. Council, any questions for staff at this time? Bird: Any of none, Mayor. De Weerd: Okay. Is the applicant here this evening? If you will, please, state your name and address for the record. Unger: Mayor and Council Members, my name is Bob Unger, I'm with Redcliff Development. Our address is 787 East State Street, Suite 125, Eagle. And it's 83616. And we appreciate the opportunity to present our project to you here. Waiting for the PowerPoint to pop up. And I, like staff, am going to have a little bit difficult time steering away from the variance and concentrating on the other applications. De Weerd: I'm sure you can do it. Unger: You bet. Okay. Well, first off, we want to state that we think staffs done an excellent job in reviewing the project and they have been helpful in this final design that you're seeing this evening. We also appreciate their general recommendation for approval, of course, with the exception of the Eagle Road access, which will be discussed at a later date, or later time this evening. Our proposed plan, as staff has stated, we are looking at putting retail in this area; we are talking about condominiums or townhouses in this particular area. We have rear load single family residential here and front load single family residential in this area here. We have modified our plan in order to comply with ACHD requirements. We will have -- there will be a public road that comes through Sadie Creek Promenade. These are all public streets here. Runs up -- this is a cul-de-sac that's been reviewed by ACHD and approved and that's where the public streets end. We have no public streets accessing Eagle Road. Go to the Meridian City Council • March 14, 2006 Page 44 of 76 next one, Anna, please. Very quickly, these are the retail site once again, and we are showing these two pictures, because these are the same ones that were shown to you by Sadie Creek Promenade and the reason we are showing the same ones is that we will be working with that developer to coordinate a unified appearance throughout their project and our project. These are the townhouse section of the project. These are the structures that we are proposing. They have the capabilities of either being condos or townhouse. We are beginning to lean a little more towards the townhousing, so we will have to make the lot lines appropriate. These particular units are three bedroom, two bath, and also two bedroom, two path. They would be individually owned and they are in the square footage of 12 to 15 hundred square feet. Anna. These are the proposed idea of what the rear load units would look like -- the structures would look like. We have a private street that runs through the middle here, which would access the garages on all of these lots. These lots are in the 4,700 square foot range. We will have architectural requirements throughout this project and on those -- those structures will be at least bare minimum is three bedroom, two bath, ranging 16 to 24 hundred square feet in size. Anna. And, finally, the front load structures, garages in the front, all of these lots are in the 6,000 square foot range and, once again, we are requiring minimum three bedroom, two bath, 16 to 24 hundred square foot structures. The Finch Lateral which runs along the southern border of this project, we have met with the neighbors who live along the south on more than one occasion. Our initial plan was to pipe the lateral. After meeting with the neighbors, we found out the neighbors don't want that piped, so, consequently, we have backed off of that and we come back with a plan that meets the city requirements and this plan right here -- it's kind of hard to see here, but what we have is a row of trees along our -- the pathway, the pathway would be a ten foot wide pathway to meet the city requirements. Another row of trees. Then, along here we have a wrought iron fence, so as to be able to see through it. Some shrubbery. Then, an 18 foot area over to the top of the bank of the lateral, which is required by Nampa -Meridian Irrigation for access and maintenance of the lateral itself. We would maintain all of the landscaping and -- between the lateral and our project as a part of our project. In fact, it still would be within the project, since the lateral lays within an easement. Anna. We are providing a great deal of open space in this project. We are proposing a clubhouse and pool in this area right in here. This is to be a tot lot with equipment, swings, jungle gym, et cetera. This area we have -- we have volleyball court and basketball court and some horseshoe pits. In addition, throughout all of this area in here, this is all -- there is over 60 feet of separation between these buildings and this is all considered to be open space and throughout all of the residential portion of this project we will be providing picnic tables and barbecue pits. For use of -- by the property owners. Excuse me. As far as buffering and landscaping, we are providing a - - proposing a 35 -foot landscape strip, with a meandering sidewalk along Eagle Road. We also -- all of this open space, we are meeting -- the minimum requirement is 25 feet of buffer along here, which will all be trees and shrubs. Along the western boundary we are proposing 30 -foot buffer here, which includes a berm, extensive landscaping, trees, placed in accordance with city code. I believe that's 35 -foot every -- every 35 -foot there is a tree. Then we would have a pathway and another set of trees that would be offset from the most westerly row of trees. Then, along these -- the western lot lines of these lots we would, once again, be putting in a wrought iron fence, which would match what's Meridian City Council March 14, 2006 Page 45 of 76 -- what we are proposing to come up through here. We do have -- we are showing the pathway along here, along here, and back up into here and we do want to run it on up and tie it into all of this, so that there is a continuous pathway that can be -- folks can utilize. At this point, if you would allow, Rod Haggett with our office has been working on the fencing issue along the western property and I would like for him to discuss that part with you and, then, I'll come back and do the closing on it very quickly. De Weerd: Okay. Unger: Thank you. De Weerd: Thank you. If you will, please, state your name and address. Haggett: Rob Haggett, 787 East State Street, Eagle, Idaho. De Weerd: Thank you. Haggett: Madam Mayor and Council Members, thanks for the time tonight to come up here and discussion the fencing issue, which oftentimes when developers come in and take an undeveloped piece of property and start adding things to, adding density and developing, as we are here, we do feel like this is a good project, however, there are always questions from existing neighbors, existing property owners, about the fencing. What are we going to do to keep our project somewhat separate from theirs? In this case -- Anna, if you can go back to the -- that slide right there. As Mr. Unger was mentioning, the property owners to the south, we have discussed and met with them numerous times and come up with a plan for a wrought iron fence with extensive landscaping. The property owners to the west, we have discussed with them numerous times on different types of fencing available. The type of fence that we would prefer to put into this project on this west border would be a Trex wood composite product fence. It's a long life, long lasting fence, with a 25 year warranty. It's something new on the market. It's an excellent product. That's the type of fence we would prefer to put in as a developer. The reason we would prefer that is that we are developing this area of the project as residential. We will have some very nice single family homes in here. However, it seems that in numerous discussions with the neighbors that unanimously or almost unanimously they would prefer to see some type of decorative masonry fence. We sent a letter out this morning that, hopefully, the Council got copies of that. If you haven't, I have got copies of that letter here. The letter was sent to Mr. Berg this morning. We are willing to commit to a masonry -- decorative masonry fence on that west property line, if the Council deems that that would be appropriate after hearing public testimony from the adjacent homeowners. We are trying to be good neighbors here. We are trying to develop what we think is a good project. And, like I said, we would prefer to put in a Trex fence. We feel that that's a better -- it looks better in a residential area. In fact, Anna, if you can go to the next slide, we have the pictures. This fence right here is from the actual Trex Corporation, that picture, and it's a very nice, long lasting fence you can see. It blocks -- it's a solid fence all the way down to the ground. In any event, like I said, we are willing to do a decorative masonry fence if Meridian City Council • March 14, 2006 Page 46 of 76 that's what the Council feels would be more appropriate for this part of the project. And I'll turn the rest over to Mr. Unger at this time and will answer questions at the end. De Weerd: Okay. Thank you. Unger: Mayor and Council, Bob Unger with Redcliff Development again. Since we are going to discuss the variance separately, then, I will just go ahead and close on this. We do want to thank you for your time and the time of your staff. And as staff stated in their report, our proposal does substantially comply with city regulations and we feel that it would be a very nice addition to the city. We ask for your approval of all of our applications and we will wait on the variance and I will stand for any questions that you might have. De Weerd: Thank you. Any questions for the applicant at this time, Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Unger, there was a comment in the staff report with regard to the open space. The documents indicated there is about three and a half acres of open space that it referenced asking the applicant to remove buffers, the landscape buffers, from that calculation, what that density would be. Do you have that number and know what that number is? Unger: Mayor and Mr. Borton, no, I don't know what that number is. I believe -- and I'm not sure whether staff is solely going with, you know, dedicated open space or whether they are including this area also. So, I truly don't know what that number would be. I could probably figure it out and cover that for you in rebuttal. Borton: Okay. De Weerd: And how much space is between the condominiums and that area you just referred to? What is the distance? Unger: Madam Mayor, that's -- I believe it's 65 feet. I know it's over 60, but it's under 70. So, it's between 60 and 70 feet of separation. De Weerd: Okay. Thank you. Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: I need to respond to a statement the applicant made, just so that there is no confusion in the future if someone is reading these minutes, but changing from a Meridian City Council March 14, 2006 Page 47 of 76 condominium project to townhome project, the private streets would no longer be allowed. So, I just want the applicant to know that and for the record to reflect that. Thank you. Unger: Madam Mayor, we are aware of that. De Weerd: Okay. What bearing does that have, then, on the plat? Because, then, there is a road width that changes as well; is that correct? Canning: Yes, ma'am. They may need to do a new preliminary plat for that portion that's currently shown in the R-15 zoning district. De Weerd: And would that be a substantial change? Canning: It would be a substantial change. That's why they'd need a new preliminary plat for that area. De Weerd: So, it would have to go back to Planning and Zoning? Canning: Yes. De Weerd: Okay. And you understand that, too? Unger: Madam Mayor, yes. Let's say that as far as the application is concerned that is before you today is solely for condominiums and not for townhouses and we are aware that if we decide to change to townhouses, that we would have to come back through with a revised preliminary plat, yes. De Weerd: Okay. Thank you. Okay. If there is nothing further at this time -- Unger: Thank you. De Weerd: Thank you. Okay. I do have a number of people that are signed up to testify. Sue Sullivan. She's neutral and she's for the variance. Okay. You signed up under annexation, so I just thought you wanted your two cents worth. Okay. Billy -- and -- Knorpp: Knorpp. De Weerd: Knorpp. I'm sorry, the printing is -- Knorpp: Yeah. You were trying to read Billy script and it doesn't work too good. Sorry about that. De Weerd: Thank you. Meridian City Council • • March 14, 2006 Page 48 of 76 Knorpp: I should have been more careful in a public document. My name is Billy Knorpp. I live at 2972 Leslie Drive. So, my place of residence is about right there. I have several things to ask. First of all, as you have perceived, we have had multiple opportunities to discuss these issues with the developer, but it does appear that every time they change a little bit. Now, we seem to be getting close to a solution here in some ways, but what I would like is that somehow in your minutes or your discussion or somewhere you write in stone some of the agreements that we have with them and that it be -- it has to be done that way or they got to come back to you to change it, so that we, then, have an opportunity to discuss it again with you. Those issues are that the now, I'm not directly affected, but I will just list them, the ones that we have major -- talked about. The stone wall on the west side has been discussed multiple times and they have agreed to do it even tonight. That just needs to be written in. I believe that everyone on that side would want that, although I'm -- like I say, I'm not exactly part of that. The other part is the -- on the -- on my side of the subdivision -- or of the development, all along this lateral, the Finch Lateral, they have agreed to put in a double row of trees with the fence and shrubs and -- surrounding that path that's required in there and I didn't see anything in the presentation that was just given, so I don't know what's in front of you, but I would like it written in that they have agreed the entire length -- because on the last drawing that I saw there were gaps where they didn't have room, because they were putting in a parking lot or putting in something, but they weren't putting in trees. I would like it written into the agreement or to the -- your statements here that they have agreed to do that and that they will do it. They will make it so that they rearrange it in one way or another so that there is a continuous stream, continuous path of green -- of the double row of trees and the shrubs. The last is providing some way for easy circulation of the cars when -- up here in this piece of the development there are many -- going to be a lot of people up in there for those businesses that are going to be there. Our concern is that if this is a right -in, right -out, they are going to come here -- these people that are up in this part of it, which will probably be many if those businesses are functioning, they will choose to go -- if they want to go north, they won't be able to if this doesn't continue to be right -in, right -out -- if it is made right -in, right -out by that barrier that that they are going to put into the middle of Eagle Road. That means they would go out right, tum right into our subdivision, follow the road around, and go left to go out on Ustick. We need to have, whatever you end up with, somehow an easy path, so that there is good circulation for the cars to get out of there and not come through our subdivision. De Weerd: Thank you. Any questions from Council? Bird: I have none. De Weerd: Okay. Thank you. Knorpp: Thank you. De Weerd: Okay. Ray Tomczak. And I should know your last name. Meridian City Council • March 14, 2006 Page 49 of 76 Tomczak: You should. De Weerd: But I only call her Mallory. I have never called her by her last name. Tomczak: Okay. It's Tomczak. Ray Tomczak. De Weerd: Tomczak. Thank you. Tomczak: 1502 North Leslie. And I agree with a lot of what Billy Knorpp had said about this project. I am for the masonry fence wall on the west side there. One thing that I don't agree with is the homes along the west side, that they want to put in there, one of the main agreements that we had when we went to the Planning and Zoning, when Rewe first wanted this changed to a -- rural to a commercial, was that we would have light office along the property line and somehow they have totally let that go to the wayside and I'd like to know why that was not addressed and is there anything we can do to change this around. The other thing that Billy didn't address, maybe, is that with all the commercial there along Eagle Road going through their subdivision, that's not a good mix there, especially if they don't get a full access on Eagle Road. Okay. Thank you. De Weerd. Any questions, Council? Okay. Thank you so much. Okay. Candy Seeley. Seeley: Hi, I'm Candy Seeley, I live at 1567 North Leslie. I am across the street from the houses that actually border the west side of the development. I was at the Planning and Zoning meeting when Mr. Unger actually did submit that he would put the block fence in, so that it would match the development to his south -- or north -- to the north of him, so that we would have a congruent -looking fence across the whole division, not just behind the houses in his division, but also that will cover the Sadie Creek division. He had already agreed to that. It's on record with Planning and Zoning. It has become a really huge issue with us and he keeps -- every time he says it's going to happen he tries to change it and he keeps doing this constantly and we are just getting tired of being lied to by this gentleman. So, that's, basically, what I have to say regarding that. And -- oh. It will be something that will be brought up by a couple other people, but in the last drawing we had we didn't have any tot lots or any volleyball or whatever courts you have got going there on the south side, to be -- having the extra noise and everything on the properties that are bounding to the south of them. Thank you. De Weerd: Thank you. Okay. Now, I really can't read this next one, so -- I think it's -- I know it's -- the last name begins with a Van. Okay. Just for our records if you will, please, state your name. Mark Van Hume. I just -- Mark, I was just asking it so I could make sure we had it down for the record. Van Hume: Okay, Ma'am. Thanks. Mark Van Hume, 2654 Leslie Drive. Meridian City Council • March 14, 2006 Page 50 of 76 De Weerd: Thank you. Okay. Sandra Knorpp signed up against. And that is noted in our record. Thank you. Jim Lott. Lott: Madam Mayor and Council, Jim Lott, 1343 Leslie Way. De Weerd: Thank you. Lott: I'm not directly bound by any of this. I am across the street, so I'm supporting my neighbors, basically. And I have been coming to a number of these meetings and this project has been morphing as we go along and it seems like every time we get to a certain point promises are made that something else is going to change, but if you will accept what we are doing here now, we will fix the problem later, and it's not happening. So, what's happening, basically, is this development is not contingent with the development that's to the north, basically, and so they want to keep changing this wall down here. But tonight all of a sudden this is now been agreed upon to be some sort of a -- just a steel wall, basically, a wrought iron wall, and I don't think the neighbors really agreed to that. And so we are trying to be as consistent as we can in our neighborhood and keep the continuity we have there. We are trying to protect, basically, the value of our properties and what's going to happen with this -- with this, basically, as stated before, people are going to use our subdivision now as an access road to get back and head south onto Eagle Road. We can't figure out what is the fair thing to do, but if you come into our neighborhood, which we would hope all you would, you will -- you can have a picnic in the middle of our street anytime of the day. There is no traffic. And we have seen a little bit of it just having an accident on Eagle or Ustick, where all of a sudden it's a parade going through our neighborhood. And when you're talking about all this going on here, it's going to, eventually, have to come through us as far as the -- any of the consumers that are using these areas here. Another thing I'm kind of concerned about is the density of the houses here. Where are all the guests and visitors going to park? They are going to be on the street there as well. So, if you're going to start using this now as some sort of an access road to get back onto Ustick, you're going to have a lot of congestion in this area. Are the streets wide enough to handle police and fire and the rest of it, because if you're looking at the size of these lots, if there is anyone visiting or parking in front of those houses, it's going to get pretty dense in those areas. So, what's going to happen in this whole area here? There is going to be a lot of, basically, vacant automobiles parked during the day. So, those are my concerns and, basically, I just want to protect our neighborhood and our values. Thank you very much for your time. De Weerd: Thank you, Mr. Lott. Okay. Also signed up is Joan Lott. Signed up against. Okay. Thank you. Just for the record. Steve Meredith. Thank you. I thought it was much longer than that. Meredith: Madam Mayor, Councilmen, most of the issues -- De Weerd: If you will state your name and address. Meridian City Council • March 14, 2006 Page 51 of 76 Meredith: Oh. My name is Steve Meredith and I live at 3066 East Leslie Drive. De Weerd: Thank you. Meredith: Most of the concerns that I have have been addressed. My only concern is the traffic at this point and the way I see it is it would be nice to see more circulation through this whole development and bring it — let me see if I can use this pointer here. And, actually, I'd like to see this road come through, wind around through their development, and back out up here someplace, and will eliminate going out here onto Eagle Road whatsoever. It will send their traffic back out here at the intersection where they need to exit anyway, and that will pretty much eliminate the issue for us. And I thank you for allowing me to express my comments. Thank you. De Weerd: Thank you. Is there a Jane -- Josh. Josh, if can tell me what your last name is. Drinkard: Drinkard. De Weerd: Drinkard. Drinkard: D -r -i -n -k -a -r -d. De Weerd: No way. Okay. I'll believe that. Okay. Can you spell that once more for the record? Drinkard: Josh Drinkard. D -r -i -n -k -a -r -d. De Weerd: Okay. Thank you. You know, I need new glasses. Mark Snodgrass. Representative Mark Snodgrass. Snodgrass: Mark Snodgrass. 1406 Leslie Way. And I, actually, am -- I don't have the same history as some of the other neighbors that are here. I, actually, have purchased a property that is adjacent just right here in the cul-de-sac on Leslie Way, so I am a person who is going to be looking at the new subdivision quite a bit and, you know, one of the things -- as I said, I haven't had the same kind of experience as some of the other people that have been here. I have been to a few of the neighborhood meetings that Redcliff made me aware of, which I very much appreciated. You know, I think that everyone here knows that this piece of property at some point in time is going to be developed and so I think that coming up with a plan that gives as great amount of security for the people that are a part of that and provides transitional zones from Eagle Road all the way over, is definitely in the best interest of everyone, including new members of the community as well. Essentially, the two issues that I have been really a part of have been the -- the western fencing here, I would like to be put on record as stating that I would be in favor of a cinder block or a decorative masonry fence versus a Trex-type fencing. I think it's a little bit more long lasting sort of thing. Some people would debate whether or not it's as attractive or not, but with being a person that has the Meridian City Council • • March 14, 2006 Page 52 of 76 greatest amount of exposure to the new subdivision here as far as the bordering area, that's probably what I would prefer, just for that. The other thing I would prefer would be -- and I'm not sure if this is appropriate now, but would definitely be in support of full access here onto Eagle Road. I'm not sure if ITD is going to be okay with that or not, but I think that that would help to alleviate some of the problems that we would have. If this is granted full access, I think you're going to have people that are going to be able to tum left onto Eagle Road at that light at that point in time would also provide a buffer, so that -- or a stopping point, which would allow people on Leslie to be able to get out onto Eagle Road turning right if they so choose and that might be a little bit easier. But, you know, I know we are going to get it developed at some point in time. I think it's a reasonable and rational plan. There are some things that I was not aware of. I wasn't aware that there was going to be some of the tot lot things here, but that could have been an oversight on my part as well. But we appreciate the opportunity for you guys to listen to what we have to say and I appreciate your consideration. De Weerd: Thank you. Well, maybe you can get us some funding for Eagle Road, so we can get the appropriate safety devices in there. Snodgrass: We are working on GARVEE as we speak. Thank you. De Weerd: Well, we don't ask for much. And I won't pass up an opportunity either. Okay. Betty Rosso. We do have a letter on the record and it is noted. Thank you. Okay. Those are the individuals who have signed up to testify. Is there anyone else who would like to testify? Please come forward. Grant: Madam Mayor, Council Members, my name is Steve Grant. I live at 1534 Leslie Way. My property is on the western boundary about somewhere along in there. And I also submitted written testimony, which I hope that you have a copy of. De Weerd: Yes. Thank you. Grant: But I wanted to note a couple of things. First of all, the commitment that was made at Planning and Zoning with regard to the masonry fence on the western boundary I think is well documented and plenty of testimony has been given tonight, so I will just add my -- that's what I would like to see and that's what they have committed to. In addition to that, that would continue what they are going to do at the Sadie Creek property. Their plans are, as you heard a couple of weeks ago, is to build that style of fence and to have it continued only makes sense. We appreciate their willingness to agree to the 30 foot buffer, rather than a standard 25. Again, that's continuing what the folks at Sadie Creek have already committed to. I guess everyone has made comments about the traffic issue. I also agreed with some of the testimony that's been given that this is not a really efficient layout with -- I mean it just doesn't seem to provide the proper access, especially with the car loading on here that's going to occur, I mean, you know, if you're over here or you're here, you got to wind your way all the way through here, that just speaks to have more traffic coming in and out of here and I don't think this is an efficient design. And as I noted in my testimony, written testimony, I know Meridian City Council • • March 14, 2006 Page 53 of 76 Commissioner Zaremba spoke at length in favor of this as full access. I take somewhat exception to that, because I don't think -- he was in the hopes that there would be a light there some day and as I noted in my testimony, I don't think that's going to happen, because they are requiring funding from the developers for the light that's going to be here and I have never heard anybody discuss funding from the developer's on either side that would help make ITD convinced that that would be a thing they would want to do. Plus, I think they have a -- they have indicated a natural concern for that -- only one of those at the half mile mark. Obviously, there could be variances given, but my -- I would like to see that -- the variance denied. I just think that will continue to be a problem for our neighborhood, that it will force traffic down our street, whether it's right - in or right -out or full access. So, again, I would just recommend that that not -- that variance not be granted. I believe that covers the issues that I have. Thank you. De Weerd: Thank you, Mr. Grant. Okay. Is there any further testimony on this application? Yes, ma'am. Helms: Janeen Helms. 1374 Leslie Way. De Weerd: Thank you. Helms: Another western neighbor. So, Madam Mayor, Members of the Council, thank you so much for this opportunity to speak. I'd just like to remind folks that when the masonry fence was discussed, it was hoped that the style and color and basic makeup would continue that of Sadie Creek more or less exactly. I think that the cross-over between the two properties occurs right in the middle of someone's backyard and I'm sure that they would appreciate it if it was a very similar product. I'd like to thank the Planning and Zoning for encouraging that the buffering be done early in this project. I would certainly appreciate it as an adjacent homeowner if the fencing, landscaping, was done fairly early to just kind of minimize the dust and all during development. During the Planning and Zoning hearing there was some question about the multi -- the front load homes I guess they are called right along the boundary. How many of those would be two story and all and I believe no answer was gotten to that. I don't know if there are zoning requirements for maximum height or anything, but I was kind of interested in knowing how tall those properties might be. So, that's all I have and I'd answer any questions if there were any. De Weerd: Okay. Any questions, Council? Bird: I have none, Mayor. De Weerd: Okay. Thank you so much. Okay. Any additional testimony? Okay. Would the applicant like to come up to respond? If you will restate your name for the record. Unger: Mayor and Council Members, once again, Bob Unger with Redcliff Development. Okay. A couple of -- an awful lot of what was discussed here pertains to Meridian City Council • March 14, 2006 Page 54 of 76 the access to Eagle Road, which is part of the variance. So, do you want me to address this now or do you want me to wait? De Weerd: I would like you to wait, please. Unger: Okay. Thank you. Okay. Madam Mayor and Mr. Borton, to respond to your question on the open space, if you take away the buffer areas, that reduces our total acreage by 8.95 acres. Borton: Madam Mayor? Unger: I mean .895. I'm song. I'm sorry. I'm glad you raised your eyebrows. Borton: Down to about 2.5 acres? Unger: Correct. De Weerd: So, what is the percentage? Borton: I think you were at 12.9 percent originally. Canning: Madam Mayor and Council, before we get too far into that conversation, I suspect that that was a holdover from the Sadie Creek one, that the two staff reports are patterned after one another. The residential portion of this project, which, actually, had no required land use buffers, because it's residential against residential, the open space that the applicant is providing all qualifies as open space. The property immediately to the north, however, had commercial zoning and commercial zoning is required to do a landscape buffer. So, there appears to be an error in the staff report there. Borton: Okay. De Weerd: Thank you. But we appreciated your calculation. Unger: You're welcome. Okay. Just to try to run through a couple of quick things, though. The pathway in the buffering and the fencing that we are showing this evening was reviewed with all of the southern property owners. As a matter of fact, although they didn't want the wrought iron fence, they wanted a solid fence, with the Finch Lateral being opened; city code requires that that be a fence that you can see through. You can't have a solid fence running along there. And that's why we have gone with the wrought iron fence, but, in addition to that, we have double the number of trees along this buffering area to provide a better visual buffer for the folks that live along this area here. As far as the amazonite wall -- and I'm going to say it one more time -- and what happens -- and what has happened -- and I will be perfectly honest with you -- you know, I stand up here and agree to the masonite wall and, then, later on in the discussions the owner says, well, are you sure we can't do something else and we try to Meridian City Council • March 14, 2006 Page 55 of 76 talk to the property owners and it looks like that I'm lying to you and lying to them, because we keep looking at this possibility of maybe coming up with a nicer looking fence. The bottom line, you have a letter from us that says we will construct a decorative masonite fence along the western border and we will do that and I'm saying it on the record right now. You could put it in the development agreement if you'd like to. But we will do that. Bird: Madam Mayor. De Weerd: Is it masonite or masonry or -- Bird: Is it masonry or masonite? There is a big difference. Unger: masonry. Bird: masonry. Okay. masonry. Unger: I have done the same thing myself. De Weerd: I thought maybe I was missing something. Unger: masonry. De Weerd: Thank you. Unger: You're welcome. I can't talk about that yet. Okay. Ah. There was concern about parking -- sufficient parking for this project. All of these condo units have garages and there will be two car garages to each unit. So, that right there, in itself, provides two parking spaces per unit. But, in addition to that, we have provided additional parking throughout this portion of the project for visitor parking, et cetera. There will be no parking along this section of the road. It will be posted that way. These are all public roads and there is -- on -street parking is allowed, as in any other single family development and which is exactly what this portion of the project is. Okay. I can't talk about that. I can't talk about that. The wall. I think we got it. I think I responded to all the things that I can at this point in time, so I will stand for any additional questions you might have. Canning: Madam Mayor? De Weerd: Anna. Canning: Just by my notes, if the applicant might want to address the tot lots and the play areas and the height of the structures along the western boundary. Unger: Okay. Mayor and Council Members, the tot lot -- we have the tot lot projected -- you know, shown in this area right in here, because this is where the clubhouse is, this Meridian City Council March 14, 2006 Page 56 of 76 is where the pool is, felt that was an appropriate place. Typically the volleyball court, basketball court, and the horseshoe pit that we were showing over here, are -- those are more -- those are typically used by adults or teens. So, the idea was to have the tot lot located over here where they would be separated from the more adult -type activities, which would occur here. That's why we have those separate locations like that. If the Council feels that we need to change those around or staff feels they want those moved around, certainly we can work with that and we do have additional open space in this area and down through here. The idea of the tot lot being here, it's located close to the clubhouse and better supervision. As far -- De Weerd: Can I ask a question while you're on the tot lot? You have it backed up against a commercial area or a mixed use commercial office area, the tot lot. What kind of safety measures are put in place? Is there a -- is there fencing along that -- that property line as well? Unger: Mayor and Council -- and possibly staff might correct me if I'm wrong. I believe that Sadie Creek Promenade is required to put some sort of fencing or wall along that boundary. I know it is -- it is something that we specifically sent a letter to the city specifically requesting that they be required to do that and I believe they were. De Weerd: I don't think I remember a fence in there, so -- Canning: Madam Mayor, I don't have the Sadie Creek file with me tonight. Unger: Madam Mayor, if, in fact, they weren't required, which I would be very disappointed that they weren't, but if it was not required, it would behoove us to go ahead and fence this area along here. De Weerd: Okay. Canning: Madam Mayor, I do know that they were required to address the issue of a buffer for a commercial use adjoining a residential use. So, at the time of construction they will have to have a land use buffer between the two uses. De Weerd: Okay. Canning: But I'm unsure on the fence. De Weerd: We may want to look at that. Canning: Madam Mayor, Members -- De Weerd: I guess my concern is just that tot lot next to a commercial area and how that separation would be done. Meridian City Council • i March 14, 2006 Page 57 of 76 Canning: Maybe just want a fence -- Madam Mayor, Members of the Council, you may want to consider just fencing the tot lot as well. Unger: And we could do that, Madam Mayor, fence around the tot lot itself, if that's a problem. And the other question was I believe the height of structures along here. We are not proposing any restrictions on height there, other than what meets code and what would be allowed by code. A two story structure would be the maximum story height and I believe your maximum total height is 35 feet or -- yes, 35 feet. So, we certainly would not exceed the city zoning requirements for height along there. De Weerd: Okay. Council, any additional questions that you want answered? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna, if you'd go back to the design concept for the commercial. That is what I would expect. And that's consistent with Sadie Creek. I said the same thing to them. That sets your design and architectural criteria. Okay? Now, would you juxtapose or just show what they show for condominiums? I have a problem between what you're showing with the commercial and the product you're showing with the condominiums. They don't work together, in my opinion. So, I have got a design issue there. I'm not sure that that's consistent with the concept of a leisure center that's being proposed for this area. Just to let you know. I envision 23 buildings sitting there that look like barracks. I mean I don't have any information about materials, colors, design variation. We have been very specific on some of these of late, since we have been blessed with some that are less than satisfactory in the City of Meridian. So, just to let you know, I have a concern there. I don't know that you can address my concern this evening. I would want to see other designs. I would like to see materials. I would like to see color schemes. I would like to see something that's consistent with the vision you have created for the commercial. I'd like to see the same vision for the residential. Particularly the condominiums. Under: Madam Mayor, may I respond? Rountree: And that's more along the lines of discussion, but you certainly can respond. Unger: Thank you. The commercial design concept came straight from Sadie Creek Promenade, because we have always agreed that we would work to provide an appearance that is -- you know, that is uniform with them, so, it somewhat restricts our ability to design a structure that would go along with that. Now, these structures are very residential in their appearance. In fact, I -- this shows single car garages. We have revised the structures to provide two car garages in here. But the entire design of these structures are very very residential looking. They are in no way, shape, or form any kind of a barracks looking structure. You know, they have nice covered front porches. The material that we would have on this -- it would be -- excuse me -- Meridian City Council March 14, 2006 Page 58 of 76 masonite type siding, which you're pretty much seeing standard on homes throughout the valley right now. And we would go with more natural colors throughout the project. I mean we are not going to paint every structure the same color. We will have varied colors throughout. They will all still be more of a natural tone type colors. We are also - - if you look at these -- these areas in here, the gable ends, those -- you know, that won't be just regular siding, that's going to be more of a shake type appearance on these. And we will mix them out -- mix them up throughout all of the projects and mix the color variations. Masonite -- or I'm not -- sorry. Asbestos -- De Weerd: Asbestos? Unger: Let me back up. I'm a builder from way back. We used to have asbestos shingles, now they are fiberglass shingles and, actually, they will be more of the textured 30 year warranty type shingles. So, they are -- you know, we are trying to put in something that -- in fact, this design does not exist anywhere in this valley, because it is a brand new design that we have just brought to the valley. In fact, the final architectural plans have not been totally completed. Very close, but -- in fact, our first project -- we will be building these structures in our first project in Boise probably six or eight months out -- down the road yet. So, they are very very unique. Anna, could you go to that -- I believe it's down to the landscaping strip, because I really think it -- they do have -- I think we do have a decent -- oh, it still doesn't show up well. It didn't work. This picture, actually -- I can't tell it either. But I believe this picture here shows it -- but it's not there, so you just can't see it. Could I just -- you can pass it around and look at it. It does give you some sort of idea. Bird: Why don't you put it on the overhead. Unger: Oh. Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: While Mr. Unger is doing that, I have the Sadie Creek findings -- or the Sadie Creek staff report in front of me and it appears at the time -- and I think my recollection is the same as Madam Mayor, I don't know that that was fully decided and according to this staff report that was submitted when that was heard before the Council, there was no detailed fencing plan and the staff requirement was that a fencing plan would be submitted prior to final plat. So, I don't know if that sheds any light on it, but it may not have been resolved yet as to whether there is fencing between these two different projects and there is, of course, a lot of discussion regarding cross -access between those projects as well. But that's what the staff report indicated at the time and, again, I don't recall that there was a final decision on fencing on the night of that application. De Weerd: Thank you, Mr. Nary. Meridian City Council March 14, 2006 Page 59 of 76 Unger: Madam Mayor. Although it's hard to see through the trees, this is one of the structures here. The side view of one of the structures. As is this one right here. Of course, they are -- this is the open space between the -- between the structures with the driveway back over in this area. Now, this was -- this was done by our landscape architect to actually show you the landscape buffer that we were running along here. But it does give you some idea of the appearance of them, if that helps. What we were going for was that right there, so -- De Weerd: Are there more pictures in that? Unger: Madam Mayor, what they are shooting for is this overhead shot that our landscape architect did, she plugged in some buildings. They are not representative of the buildings we are going to build, but she was putting something in there, just so that it wasn't a -- just a blank piece of land sitting within the commercial part. So, I think what they are trying to accomplish here is to show that to you to say that, well, this is what they are really planning on doing, instead of what we have just discussed. And certainly show that, Anna, please. Anna: Is that what you're referring to? Unger: I think that's the one. What happened here -- and, once again, these are the four-plex buildings and that is a design and she specifically had, so she was able to put these structures on here. Then, she took some -- just some standard commercial structures that they have on record not ours, and just put them on here to show just -- just to fill in the blank. And it's not what we are going to build. It has never been what we were going to build. And solely -- this whole -- these pictures that you're looking at right now were solely for the purpose of showing the landscaping, the path, and all of this along the southern border of the project. It was never intend for anybody to use these structures for any use whatsoever and the only reason I even brought it up was to maybe give Mr. Rountree the opportunity to get an idea of what these structures would look like. Rountree: Thank you. Unger: Thank you. De Weerd: Anything further, Council? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Anna, if you could put up that commercial section again. I have a couple questions, but I have got a couple comments first. I agree with Councilman Rountree's concerns a great deal. Before I get there, a couple of thoughts or comments that I have got with regards to location of tot lots and volleyball courts. It seems -- I don't know if Meridian City Council • March 14, 2006 Page 60 of 76 obvious is the word, but it seems obvious, that a tot lot next to a potential brick wall, which abuts the back of some commercial building is maybe not the best place to put that or the most convenient. On the other side a volleyball court next to a fence and a canal, a volleyball -- having grown up playing at Park Center and swam in the pond many a time to fetch those, you're just enticing young kids to hop your fence and jump in the canal to get it out. De Weerd: There was no swimming in that pond. Borton: There was when my volleyball goes in. Any kid under 18 is going to jump in and get it, so -- at any rate -- Anna, can you put up the commercial? Canning: I'm trying, sir. It's -- Borton: Here is another comment of mine and this is -- and I'm relatively new at this, but I'll tell you what I'd love to hear in any situation like this where there is a meeting of a developer and neighbors and it's long and lengthy and over the course of some time there is an agreement at the end of the meeting, that it's put in writing and that it's some sort of nonbinding memorandum of understanding. We do it in litigation all the time, even when you don't complete a complete agreement on any issue. But I'd love to see that and never hear again situations where people come forward and neighbors say he said A and you stand up and say, no, I said B and it's just absolutely worthless, at least from my perspective trying to resolve what took place. I do note that the February 2nd minutes of P&Z, Mr. Unger, you did make reference to the tot lot, the basketball courts, the volleyball courts. You also made specific reference to your agreement to provide fencing along the western boundary consistent with whatever Sadie Creek was going to do. It's on page 47. You were very clear on that. So, with regards to meetings with neighbors, if there is any chance to get anything agreed to, I'd love to see it in writing before everyone leaves the room. I'm off my soapbox. Tell me -- tell me about what happens up here. It seems like some of the drawings were consistent or required some sort of access here. One of the ones shows kind of a parking lot wedged up against what would be a wall. Is that not the case? Unger: Madam Mayor, Mr. Borton, actually, no, there isn't a wall along here. This is a curbing. We were working with the Sadie Creek Promenade folks on an access right here, right -in, right -out access, which was denied by this Council. At that time we had -- this drive aisle came through, we had this access coming down, they tied together, came down, and went out this way, an access here. And another access right here. Since this was denied, this right -in, right -out access was denied, we have had to come in and tie a drive aisle coming through here down to this area, which would come out to the access, which would go out to Ustick Road through Sadie Creek Promenade. Also one right here. So, they have some parking along here that -- you know, that they are showing and this is a drive aisle that comes down and ties in here. Borton: So -- Madam Mayor? Meridian City Council • March 14, 2006 Page 61 of 76 De Weerd: Yes. Borton: So, is that what that would look like, then, or is it actually going to be little stubs to this development? Unger: I'm sorry, I didn't quite understand that. Stubs? Borton: To the Sadie Creek -- whatever takes place over here. Unger: There would be a stub here and a stub here. Sadie Creek Promenade was required by the Council to provide cross -access for us to Ustick and we do have an alignment. It goes out further here. I think in our overall plan it's easier to see. But we do have alignments that work. Borton: One other question -- Madam Mayor? De Weerd: Yes. Borton: One other question. In your meetings with the neighbors -- the neighbors to the west, was there any discussion or concern by them about -- I think they are an R-2 -- about an R-8 and the density adjacent to their property lines and if that was discussed what did you get from that? Any concerns? Unger: Madam Mayor, Mr. Borton, actually, the main -- the main concern, as I recall, in those meetings that was brought up was that they would prefer to see office. Borton: Sir? Unger: They would prefer to see office along there, instead of residential. I believe that was an issue from way back in the original annexation of the Rewe property. What we are proposing is single family abutting single family and, as I recall, that's about the extent of it. I mean I don't -- I don't believe the neighbors particularly supported the single family -- you know, the density that we are showing, because their preference was -- you know, would have been the office. But we have found that -- I mean this is what we have moved forward with and we find that marketwise works best for our project. Borton: Okay. Thank you. De Weerd: I guess just to take some of the questioning that Mr. Borton had, in terms of, you know, the next item on our agenda aside, you know, you wipe off that access, because right now you can't have it without the variance. So, without that access, how best can your circulation -- how best can your traffic circulate internally? How I see that alignment to the north -- Unger: Anna, could you get the full size plan up? Meridian City Council March 14, 2006 Page 62 of 76 Canning: Madam Mayor, Members of the Council, it's going to take me a second. This CD keeps on crashing on me, so -- De Weerd: Well, you know, just as you show right here, it doesn't really show a good internal connection. You mentioned something here and they have parking lot or parking spot. Here it's also a jog, too. So, I guess I was thinking, as the neighbors have testified, and even that -- I would -- if you can just kind of walk us through that circulation and how these people who are destination to your retail -- and that is very attractive. We got very caught up in Sadie Creek's architectural renderings and I'm thrilled to hear that you're carrying it into yours. But how will you really capture the traffic and the activity that's going in here to send them through that -- the other development, since, in all likelihood right now, you do not have a variance. So, can you kind of tell me what your plan is internally? Unger: Madam Mayor, haven't thought this through completely, but -- let's work with this. Sadie Creek Promenade has a right -in, right -out -- I can't even find it right now. I believe right in here somewhere. They also have another access here and one down here. They have a drive aisle that works through here, which will come down and make this connection. Also, they have a drive aisle here that would connect to our project and come out to the -- the other right -in, right -out. So, we would have circulation through here and access out to Ustick and down through here and out to the signal, which would be right -- located right here. One of the things that -- in our discussions and negotiations with Sadie Creek Promenade on accesses, et cetera, it has always been stated by Sadie Creek Promenade that all of these buildings are conceptual and that they could be moved to provide better access through the project. You required them to provide cross -access for us to get the -- for traffic, to get it out through there. So, we would still have a good traffic circulation in throughout this area and access out to Ustick in three different points minimum. At least three different points. De Weerd: Okay. Unger: That's if we didn't get our variance, which we certainly will hope to get. De Weerd: So, three different points -- and I just see two right now. Oh, your point thereto the west. Okay. Unger: There. There. De Weerd: Okay. Council, any additional questions? Unger: Madam Chair, could I -- De Weerd: Yes. Meridian City Council March 14, 2006 Page 63 of 76 Unger: I didn't respond to one other question Mr. Borton had. His concerns about the - - the courts here and the -- you know, tot lots. If those are real concerns, we can move them to the interior somewhere. I mean if those -- if those are real real huge bumps in the road, we can move them somewhere interior. They seem to be the best location on the site. You know, we have -- the volleyball court is oriented this direction. There is the fence there -- yes, there is only six feet, but, then, again, there is every 17 and a half feet there is a tree. So, there is an awful lot of blockage here. The basketball court is oriented in that direction. So are the horseshoes. The tot lot I think -- yeah. Okay. I can see that as a real issue and I can move this tot lot up into this area. But if it is a huge bump in the road or bump in the road, we will move those away from the perimeter, if that's what you would like. Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: Members of the Council, with the questions raised tonight, I was searching through the staff reports and findings. The analysis that was done for the residential portion treated it just as a residential project, not as a multi -family development, which the condos would need to be approved under. I'm not sure that the -- that that's been clear along and we probably need to get that clear for the record. But as I read it right now, the multi -family portion would need to come back in for a Conditional Use Permit. Okay. Just as long as we are clear. Thank you. De Weerd: Okay. Do you have anything further? Unger: No, ma'am -- Mayor, I do not. And we certainly would ask for your approval on our project this evening. De Weerd: Okay. That concludes the public testimony on these items, exclusive of the variance. Okay. Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I actually have a question for Chief Musser. I'm curious your thoughts or concerns from the department's perspective on this type of curbed alley, private alley. It's been discussed I have heard before and other situations that the private alleys are difficult for the police department to deal with. You don't -- you're not maintaining them or leasing them yourselves and that design -- a curb design like that, is there any unique concern in the department's perspective on anything from vehicle theft or burglary or anything that might take place that that invites? Musser: Madam Mayor, Members of the Council, Councilman Borton, reference the alleys, one thing that we have pointed out where they are private property, we won't Meridian City Council • March 14, 2006 Page 64 of 76 enforce on them, they are not under the city ordinances for alley speeds and that type of thing or even -- even, in essence, parking. Short of looking at helping the fire department in terms of having the access open as a potential fire lane on their end of it. Currently at this time there seems to be a push nationwide for a little bit more of some of this type of housing and, really, in all essence, with the -- without the materials that are out there, it seems to be relatively open as far as with whether or not it's lending itself to an increase in crime. In most instances they are finding that the neighborhoods are holding their in terms having that. And especially within a mixed use concept plan like we have here, you don't have a high saturation. High saturation seems to lend itself more to potential crime, as opposed to having the mixed use concept. As far as the traffic patterns and looking at other potential things in there with parking or any of that type of stuff, time will tell in terms of where the traffic sits and parks at and most of that will probably be based on who occupies the buildings. So, we will have to wait and see as -- you know, if they are purchased ones or if they end up being rental -type units, that type of thing, may be an impact on the parking. If they have garages, traditionally, we find they use them. However, if it's a -- a group of say young adults that are renting that type of a facility and they are sharing and maybe they have a number of them moving in, then, you may see three or four vehicles, in which case a couple occupy the garages, but a couple will be parked on the street. So, it, really, kind of depends on who is marked out to it and who purchases it. Borton: Okay. De Weerd: Thank you, chief. Anything further, Council? Okay. What is your desire? Do you want to close the Public Hearing? Do you need additional information? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would be inclined to continue the Public Hearing. I'm concerned about architectural design details. We do not have design review in Meridian. What you get here tonight is what you get. So, I would like to see more information from the developer at it relates to design, the quality of the product they intend to build, and that would be where I am. I don't know where the rest of the Council is. As opposed to closing the hearing and moving to deny. De Weerd: Mr. Unger, I believe that the Public Hearing is still open and I do know you have mentioned that this product would be new to this valley. Are there pictures that you can get from where ever you're getting this concept, that these type of products have been built in other areas? Can you get actual pictures? Certainly better than the renderings you gave us. And you just heard the opinion of one Council Member, but I think I also heard it from a second Council Member as well. Unger: Madam Mayor, Council, Bob Unger with Redcliff Development. I assume that Mr. Rountree is talking about the commercial and the condos or just the condos? Meridian City Council March 14, 2006 Page 65 of 76 Rountree: Madam Mayor, Mr. Unger, you set the standard for commercial by your renderings. I'm concerned about the condominiums. Unger: Madam Mayor, Mr. Rountree, we do not have pictures or designs of the commercial structures. These are pads at this point, as were Sadie Creek Promenade. And our whole intention was to identify that we would work with them. De Weerd: Mr. Unger, he felt comfortable with the commercial. Rountree: I'm comfortable with the commercial. You have set the standard for commercial. Unger: Oh, I'm sorry, I didn't understand that. Rountree: It's the condominiums. Unger: And you're looking for the -- De Weerd: Mr. Unger, if you will -- Wardle: Madam Mayor, before you move off the commercial, I have in my packet a rendering and a picture that's different than the one that I saw presented this evening, that was presented at Planning and Zoning, and so I still have the issue addressed, as I did with Sadie Creek shortly ago on the commercial aspects. So, if you could just continue that and, then, address Councilman Rountree's issue, that would be great. De Weerd: On the commercial? Wardle: On the commercial. De Weerd: Okay. So, I guess just if you can address the commercial and, then, to the multi -family. Unger: All right. Madam Mayor -- Wardle: Let me rephrase my question. What specific assurance does this city have that the two pictures that depict some sort of a building -- what assurance does this community and this city have that that product will be build? That's my specific questions on the commercial. Unger: Okay. Mayor, Mr. Wardle, let me ask you back. Whatever assurances you got from Sadie Creek Promenade, we will give you the same assurances, because we are trying to provide the same appearance that they are. They moved -- they were ahead of us. They have set the standard and we are going to have to follow that standard. If they brought to you structures, elevations, and designs and materials, et cetera, that Meridian City Council • March 14, 2006 Page 66 of 76 • define those, then, certainly, we would do the same and follow suit with them. If they did not, then, it's very hard for us to give you that, if you understand what I'm saying. Wardle: Madam Mayor, maybe I should -- you can look at the minutes. For this Council Member that wasn't enough. Unger: Okay. Wardle: So, I raise the issue again for the rest of this Council on that specific commercial. Unger: Madam Mayor, Mr. Wardle, if this Council would like us to provide something, I'm sure that we can go to our architect and bring some things forward that we can show you. Okay? I don't know if that's the consensus of the entire Council, but we are certainly willing to work with you folks to provide whatever it is you're looking for. It's just very very hard for us to do that. And if, in fact, the Council has not -- or Sadie Creek Promenade has not been required to define precisely what they are going to put up, then, maybe this will be our opportunity to set the standard and let them follow us for a change. Because they certainly have put requirements on us inadvertently, such as the masonite wall that separates the commercial from -- masonry wall. Thank you. masonry wall that separates commercial and the residential. I mean they have dictated that we will build 900 feet of masonry wall, where they only have to build 290. So, maybe it's our tum to make them follow our design. And, certainly, if that's what you're looking for, we will do that. We will come back with something for you. Because it sounds to me like Mr. Rountree would like to see us tabled for additional design review on our condos and maybe that's what we need to do. But I think, you know, what I'm concemed about is, you know, faimess, in all reality here, is -- you know, we have got Sadie Creek Promenade, who walked through the door, who had all of the neighbor support with a concept plan, and they got approved. We are coming through with something that we have actually defined some things and the neighbors don't support us, we are the bad guys, and it makes it very difficult for us to -- you know, to say where -- you know, where is the equality here? You know, we have standards for these guys, but we can't follow the same standards, because they, actually, didn't define their standards. See what I'm saying? So, it makes it very hard for us. But we will certainly work with you and try to come up with something that -- you know, that you can look at and feel more comfortable with. One question. Staff — I believe that every structure in the commercial portion of this project would have to go through conditional use; is that right, Anna? Canning: Madam Mayor, Members of the Council, the -- De Weerd: That would be painful. Canning: -- one of the -- one of the conditions of the original development agreement, which was on one of the pieces of the property, was that everything would come through with a Conditional Use Permit. They have provided this concept plan to meet Meridian City Council • March 14, 2006 Page 67 of 76 the former requirement of the planned development, kind of overall concept approval, and that's the CU you're providing -- approving tonight, replaces the planned development CU that you used to see in the future. You could condition -- you could place conditions to -- we have already discussed that the multi -family needs to come back for conditional use approval. You could certainly select other areas where you wanted to see that. Or not see it, as the case may be. De Weerd: Mr. Wardle. Wardle: Madam Mayor, my preference has been -- my preference would not be to have each of those buildings come in for a conditional use -- to decide upon this issue as an individual project, so -- De Weerd: So -- but what you are asking more for is more detail in the architectural type of style. Wardle: Those are my specifics. De Weerd: More so than what we saw with Sadie Creek. Wardle: Yes. De Weerd: Okay. And Councilman Rountree wanted more information regarding the multi -family and since everyone's asking for something, I am curious, and I have tried to -- Anna, could you show the housing styles that are going to be on the most westerly side? Are those the ones with the garage and the front door on the bottom floor? I guess I was a little bit more concerned with the look of that and we had something come in front of Council in Old Town that showed -- I don't know if it was a two-plex or a four- plex and it was just -- the front showed just garages and a door and I liked the top floor of it, but I guess the floor -- or the view from the street was of concern. And since Council didn't say anything, I thought at least I could give you my two cents worth. Unger: Madam Mayor, you're not talking about these, then? De Weerd: No. No. But I agreed with Councilman Rountree. He already said enough, so I wasn't going to say anything. Unger: But the single family units -- the detached single family units along the western boundary -- I mean they would be of a standard single family dwelling, then, I believe it's 16 to 24 hundred square foot structure. I mean we are not -- we are not specifying the exact design that is going to be in that single family lot. We will have architectural requirements, architectural committee for reviewing. There will be specific standards and sizes and details on those single family buildings. De Weerd: Well, sometimes it's really difficult to come after a project that we find very ugly and we have one of those in our city. So, we have had discussions amongst staff Meridian City Council March 14, 2006 Page 68 of 76 and this Council that we are -- we are very interested and committed to certain standards in our city and we are raising the bar on that. We do have a level of expectation and my interest in the renderings were that the first floor of those single family dwellings showed me a garage and a front door and that's all I saw from the street level. And so that was my concern. Certainly on the side that the neighbors see in the back they are not going to see that and I'm sure they appreciate that. But I just had more of a question as to what the street appeal is to that kind of a product, because we have seen it and we see it every time we drive down Pine and Ten Mile. We see garages and just doors. And so I just had that question. Unger: And, Madam Mayor, that is exactly why we have the groupings of rear load structures also, so that you don't drive down the street and see garage door, garage door, garage door, garage door, garage door. That's part of the reason that we designed it that way. And, of course, along the western boundary it made more sense. I mean we couldn't rear load those like the other ones, so we do get a mix. And may I say that the price range that we are looking at on these homes is in the 280 to 320 thousand dollar homes and we are not -- we are not going to allow entry level homes in this project. It's not our plan. It's not what we want to do. And we will -- I mean this is our project, we will build this project, and it's not something we are just going to sell everything off and walk away and let somebody else do it. We have a commitment to this project and that's -- you know, we will have control over that. I mean there will be specific CC&Rs and architectural requirements built into this project and they will be recorded, along with -- prior to our plan even getting recorded or at the same time. De Weerd: I guess, Bob, if I could ask you when you do come back with some of the other details, if there are products out there in the valley right now that are similar to what you're trying to show here, if you could give us a visual on that, too. Unger: Okay. De Weerd: Like I said, I love the second floor. It's really nice. I'm sorry, but the garage doors and the -- a row of them -- one of the great things is we don't have design review, but one of the bad things is we don't have design review. Unger: Exactly. Okay. Council, anything else? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One question for Mr. Knorpp's benefit. For the record, are you in agreement to doing the double rows of trees along the south side? There was a -- Unger: Oh, absolutely. Our plans shows it. In fact, my revised master plan that you have actually has a detail showing exactly that. Meridian City Council • March 14, 2006 Page 69 of 76 Borton: Okay. Unger: And that's what the Planning and Zoning Commission approved was that revised plan. De Weerd: Sony we have made this very painful. Anything else, Council? Okay. I would entertain a motion to continue the Public Hearing on these items. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue the public hearings on Items 21 through 25 until -- in April now. April 4th. Okay. De Weerd: Yeah. Rountree: Until April 4th and have the developer bring back to the Council for consideration design concepts and renderings for the condominiums, some product information related to the front load single family dwellings, and either specific design criteria or specific examples of commercial, in all cases would include the combination of varying materials, colors, and facades. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Well, I need a second before we would have discussion. Borton: I will second. Maybe I shouldn't. Let's see if I do this wrong procedurally. I'll second the motion, but the question would be whether or not it should be April 4th or not, or a date later when Mr. Wardle's in town, to the extent that -- Rountree: He's out of town on the 4th? Borton: On the 4th. Because Item No. 26, looking into the future. You said that's continued and Mr. Rountree's not participating and it just makes sense to have three of us to discuss these items. Rountree: That's a good point. Borton: I agree with continuing. I don't -- if the motion maker would move to continue it to April 18th. Rountree: The motion maker is agreeable to the 18th. Borton: Second agrees. Meridian City Council March 14, 2006 Page 70 of 76 De Weerd: Okay. Is there anything further? I guess, Mr. Unger, if there is any way -- and I know it's not part of their motion, but if there is any way that you can get with Sadie Creek to show the circulation points. Staff, if you could help facilitate that at all, if that's possible, I think that would be helpful for Council. And, Mr. Nary, I don't know if that is some conflicting thing with two projects or not, but -- Nary: You can do that. De Weerd: Mr. Rountree, would you consider putting that as part of your motion? Wardle: Madam Mayor? De Weerd: I didn't ask you. But you are the second, so -- Rountree: Joe's the second. De Weerd: Oh, Joe is the second. Wardle: I just would like to point out -- we have got one other item that may affect our next -- De Weerd: That's true. But we still want to know how they would work with -- Wardle: Sure. I certainly agree. De Weerd: Would you consider adding that or I can just ask staff as a side note. Rountree: I can add that to the motion as it relates to the fence issue. De Weerd: Does second agree? Borton: I'll agree. I had -- I think Mr. Wardle's right, I think that we might send them out to have a discussion where they don't know, really, what they are discussing with regard to circulation, but -- it will be frustrating at worst, perhaps, for the applicant. De Weerd: Until you know if the variance is — Rountree: Madam Mayor, I didn't include in mine any circulation. I just said related to the fence issue. Wardle: Oh. De Weerd: Okay. Borton: Second agrees. I'm song. Meridian City Council • March 14, 2006 Page 71 of 76 De Weerd: Okay. But I would ask staff to help facilitate that, depending on what happens with the item. Okay. There is a motion and specifics on what to bring back. All those in favor say aye. Any opposed? Bird: Nay. De Weerd: Okay. Bird: Can I explain it? De Weerd: Yes, Mr. Bird. Bird: I'd like to have about five minutes. De Weerd: Okay. Bird: It seems like -- it seems like we are getting to the point where we want to spend the developer's dollars for him. What Mr. Rountree likes is -- Mr. Wardle likes as commercial I think -- I don't like residential looking commercial. I like commercial to look commercial and residential to look residential. I do agree with Mr. Rountree on the four- plexes and stuff, just painting them different. If I got to be on the design and review, everything would be brick. Rountree: And glass. Bird: And glass. So, I -- that's why I can't -- I figured that we keep passing these and every once in awhile we decide we want to be on the design and review and I think as a Council we need to decide whether we need a design and review and it shouldn't be us. That's my reasons for nay. De Weerd: Thank you, Mr. Bird. And it will certainly make it easier for the development community, the neighbors, and staff when we get design standards set that can help spell those out. So, I appreciate your comments. Okay. We have continued Items 21 through 25 to April 18th. MOTION CARRIED: THREE AYES. ONE NAY. Item 26: Public Hearing: VAR 05-023 Request for a Variance to allow access to a state highway for Bienville Sguare Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: De Weerd: We do have a Public Hearing on Item 26 for VAR 05-023. 1 will open this Public Hearing with a question for Mr. Nary. Is it appropriate to discuss this before there is an annexation decision? Meridian City Council • March 14, 2006 Page 72 of 76 Nary: Madam Mayor, Members of the Council, this is the part where I always get to be the good guy or the bad guy. No, it would not be appropriate to hear this. I know these folks have sat here all night, but because this property isn't annexed yet there isn't anything to consider a variance for. The circumstances of this, too, just to also make it clear, I know during the course of the testimony for the prior project there were occasional references to the access to Eagle Road. The reason I didn't interject is because the access point also has a relationship to the plat that's in front of you and so it does have some minor relevance to what you were having to consider. If people have an objection or a comment of some sort in regards to the variance access, they will need to testify specifically on this particular item. But, no, I would recommend that the Council continue this matter to probably your April 18th meeting would be the most appropriate to hear it after you have made a decision on whether to annex the project and I think Madam Mayor has pointed that out very accurately that the state of this particular project, until this variance is granted our ordinance does not allow access to, so that's what the Council has to consider in that format. But until it's annexed, there is no variance that's necessary. So, you would have to set this over. De Weerd: Okay. Council, with that note from our attorney, do I have a motion to continue? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we continue Item 26, VAR 06-023, to April 18th. De Weerd: I need a second. Wardle: Second. De Weerd: Okay. The motion is to continue Item 26 to April 18th. All those in favor say aye. Okay. Any opposed?. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 27: Ordinance No. 06-1218 : AZ 05-055 Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zone for Ambercreek Subdivision by Dyver Development, LLC — North Meridian Road and West McMillan Road: Item 28: Ordinance No. 06-1219 : RZ 05-022 Request for a Rezone of 3.36 acres from R-8 to L -O for Church of the Holy Nativity by Church of the Holy Nativity — 828 West Cherry Lane: Item 29: Ordinance No. 06-1220 : AZ 05-053 Request for Annexation and Zoning of 5.87 acres from RUT to R-8 zone for Windham Place Meridian City Council • March 14, 2006 Page 73 of 76 Subdivision by Eagle Springs Investments, LLC — 2640 North Meridian Road: Item 30: Ordinance No. 06-1221 Amendment to Fire Code Ordinance for Open Bunning and Air Quality: De Weerd: Items 27 through 30 are ordinances 06-1218, 06-1219, 06-1220 and 06- 1221. Mr. Berg, will you, please, read these four ordinances by title only. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. Before Mr. Berg reads the title, I just wanted to clear up -- Deputy Chief Silva from the Fire Department had contacted our office in regards to the fire code ordinance. There was a question that was asked of him at a prior Council meeting. I don't believe I was present, but Mr. Baird may have been, in regards to -- and I just want to get this straight -- in regards to environmentally noncompliant wood stoves in regards to being the single source of heat for certain types of residences and whether this ordinance change would impact that ability for a low income family to use their only source of heat during the course of the winter. Deputy Chief Silva indicated this would not affect -- this ordinance change would not affect that. In actuality, because of some changes that have been done, it would have affected it. That was caught by both Deputy Chief Silva and our Assistant City Attorney Ms. Cain. They remedied that. That was returned to the clerk's office, so the one that is in front of you is accurate to what Deputy Chief Silva had previously answered, but he wanted to make sure that the Council was aware that that error was caught, we did change it, it has been fixed, so what can be -- what is in front of you can be approved, but he wanted to make sure that there was no one that thought he either had misled the Council or was mistaken that we haven't fixed that error. Thank you. De Weerd: Thank you, Mr. Nary. Did I read the right numbers for those ordinances? Bird: 1218, 1219, 1220 and 1221. De Weerd: Okay. Thank you. Thank you. Mr. Berg. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1218, an ordinance for annexation of property located in the northeast quarter of the northeast quarter of Section 36, 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-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law, and Meridian City Council • March 14, 2006 Page 74 of 76 providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1219, an ordinance finding that Episcopal Church in Idaho, Inc., the owner of certain land -- excuse me -- certain real proper has made a written request for rezone of zoning classification for real property located in the southeast quarter of the southwest quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from R-8 to L- O in the Meridian City Code, providing that copies of the ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1220, an ordinance for annexation of property located in Government Lot 5 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: And Ordinance 06-1221, an ordinance amending Title 5, Chapter 2, of Meridian City Code regarding a short title, a statement, purpose, definitions, prohibition against open burning, exceptions to such prohibition, burning permits, providing for a penalty for violations, and providing for a savings clause, amending Title 5, Chapter 3, of the Meridian City Code regarding short title, statement of purpose, definitions, air quality designations, air quality index prohibitions, burning solid fuel or refuge, applicable of chapter, providing for a penalty for violation, providing a savings clause, providing for a waiver of the reading of the rules and providing an effect date. De Weerd: You have heard the reading of these four ordinances. Is there anyone who would like to hear it read in its entirety? Seeing no one left, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move we approve ordinances 06-1218, 06-1219, 06-1220, and 06-1221, with suspension of rules. Rountree: Second. Meridian City Council • • March 14, 2006 Page 75 of 76 De Weerd: Okay. You have heard -- there is a motion to approve Item 27 through 30. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 31: 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: De Weerd: Okay. Item 31 is an Executive Session. Do I hear a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per 67-2345(1)(c). Rountree: Second. De Weerd: Okay. The motion is to adjourn into Executive Session per Idaho State Code 67-2345(1) (c). Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: Motion to adjourn. Rountree: So moved. Bird: Second. Meridian City Council • March 14, 2006 Page 76 of 76 De Weerd: All those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 11:44 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR T MY DE WEERD o� �Ra a ri Wi 4-, 4- , 06 DATE APPROVED G. BERG. JRVCITY CLERK March 10, 2006 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of February 28, 2006 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • March 10, 2006 MERIDIAN CITY COUNCIL MEETING March 14, 2006 0 APPLICANT Hillview Development Corporation ITEM NO. MDRIGI R 5-B REQUEST Addendum to Development Agreement - Request to Modify, the recorded development agreement for Parkstone Subdivision (AKA Champion Park Subdivision) north of Ustick Road and west of Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Addendum to DA g(' V-,-/ Contacted: Date: s / 3 ®Co Phone: _ re Emailed:eS-,'j� h � �S � � ��o ,°���- StAff Initials: AkV ``e�� Materials presented at public meetings shall become property of the City of Meridian. n LJ ENGINEERING SOLUTIONS 150 East Aikens Street, Suite B Eagle, Idaho 83616 E -Mail: es-sharis@qwest.net Phone: (208) 938-0980 Fax: (208)938-0941 To: City of Meridian Attn: Tara Green, Deputy City Clerk 33 East Idaho Meridian, ID 83642 We are sending you: • LETTER OF TRAN MI� SAL MAR - 2 2000 GI T Y OF MERIDIAN C,IT Y CLFRK Date: 3/2/06 Project Name: Champion Park Addition Project Number: 50914 Copies Dated Description 1 Approved as Noted Original Addendum to Development Agreement Executed by Developer X As Requested Returned for Corrections Return Corrected Prints For Review and Comment Price For Pre -Con For Bids Due: Resubmit for Approval X J Needs Signature These are transmitted as indicated below: For Approval Approved as Submitted Submit for Distribution For Your Information Approved as Noted Return Corrected Prints X As Requested Returned for Corrections Return Corrected Prints For Review and Comment Price For Pre -Con For Bids Due: Resubmit for Approval X J Needs Signature Remarks: Please schedule before the City Council. Thanks! Copy to: File Signed: e Shari Stiles FIRST ADDENDUM TO DEVELOPMENT AGREEMENT REMOVING LOTS 1 AND 2, BLOCK 1 FROM ORIGINAL AGREEMENT PARTIES: 1. City of Meridian 2. Hillview Development Corp ration, Owner/Developer The following is At to that certain DEVELOPMENT AGREEMENT, entered into onf May, 2003. This addendum is made and entered into this .2t4 day of 2006, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and HILLVIEW DEVELOPMENT CORPORATION, whose address is 150 E. Aikens, Suite A, Eagle, ID , hereinafter called "OWNER/DEVELOPER". OWNER/DEVELOPER agrees to be bound by the terms of the original Development Agreement, on the land described in Exhibit "A", except as specifically to page 4, Item 4-1, pages 5-9, Item B, and page 12, Item G. i'n+�_ 1. The parties hereto agree that the development of the p perty described in Exhibit "A" shall be in accordance with the to a above described Development Agreement, entered into on a 23rd of May, 2003, recorded as instrument # 1 Q229, Exhibit "B", orFe City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the requirements and restrictions of the above described Development Agreement, Exhibit "B be modified as follows: a. Page 4, Item 4-1— "Construction and development for a Planned Development consisting of �5 299 single-family detached building lots, -52- 76 townhouse/patio home lots, 4 office lots, 2 commercial lots, , 1 pocket park, 1 City "Neighborhood" Park, and 32 common lots. ff,2 - _0d b. Pages 5-9, Item B — Add the Ada County Highway District's conditions for this phase of the development to this section, as follows: i. Dedicate a total of 48 -feet right-of-way from the centerline of Ustick Road abutting the parcel. The right-of-way purchase and sale agreement and deed much be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commissioners or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way ADDENDUM TO DEVELOPMENT AGREEMENT (MI 05-015 CHAMPION PARK SUBDIVISION) PAGE 1 OF 5 p ADA COUNTY RECORDER J.1D NAVARRO AMOUNT 00 57 + BOISE IDAHO 03 30106 02:02I�M DEPUTY Neave Haney III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III RECORDED -REQUEST OF Meridian City 1660484080 FIRST ADDENDUM TO DEVELOPMENT AGREEMENT REMOVING LOTS 1 AND 2, BLOCK 1 FROM ORIGINAL AGREEMENT PARTIES: 1. City of Meridian 2. Hillview Development Corporation, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 6' day of May, 2003. This addendum is made and entered into this day of %%1 C� �`C b t , 2006, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and HILLVIEW DEVELOPMENT CORPORATION, whose address is 150 E. Aikens, Suite A, Eagle, ID , hereinafter called "OWNER/DEVELOPER". OWNER/DEVELOPER agrees to be bound by the terms of the original Development Agreement, on the land described in Exhibit "A", except as specifically to page 4, Item 4-1, pages 5-9, Item B, and page 12, Item G. 1. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, entered into on the 6th day of May, 2003, recorded as instrument #103085229, Exhibit `B", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the requirements and restrictions of the above described Development Agreement, Exhibit `B be modified as follows: a. Page 4, Item 4-1 — "Construction and development for a Planned Development consisting of 299 single-family detached building lots, 76 townhouse/patio home lots, 4 office lots, 2 commercial lots, 1 pocket park, 1 City "Neighborhood" Park, and 32 common lots. b. Pages 5-9, Item B — Add the Ada County Highway District's conditions for this phase of the development to this section, as follows: i. Dedicate a total of 48 -feet right-of-way from the centerline of Ustick Road abutting the parcel. The right-of-way purchase and sale agreement and deed much be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commissioners or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way ADDENDUM TO DEVELOPMENT AGREEMENT (MI 05-015 CHAMPION PARK SUBDIVISION) PAGE 1 OF 5 dedication after receipt of all request material. The owner will be paid for the fair market value of the right-of-way dedicated which is in addition to existing ACHD right-of-way of the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. ii. Construct a 5 -foot concrete sidewalk located a minimum of 41 - feet from the centerline of Ustick Road. iii. Construct the internal streets as 36 -feet sections with rolled curb, gutter and 5 -foot attached concrete sidewalks within 50 - feet of right-of-way, as proposed. iv. Construct two cul-de-sac turnarounds without center islands within the subdivision, as proposed. Construct turnarounds to provide a minimum turning radius of 45 -feet. v. Construct one knuckle without a center island, as proposed. vi. Construct a 30 -foot wide shared curb return type driveway that intersects Leslie Drive approximately 140 -feet north of Ustick Road to serve Lot 33 and 34 of Block 1, as proposed. Pave the driveway its full width and at least 30 -feet into the side beyond the edge of Leslie Drive. vii. Place a note on the final plat stating that direct lot access is prohibited on Ustick Road. viii. Comply with all Standard Conditions of Approval. c. Page 12, Item G — Add the new case numbers for the subject Conditional Use Permit (MCU 05-004), Preliminary Plat (PP 05-061) and Miscellaneous Application (NII 05-015). 3. That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation of the "Owner/Developer", or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This addendum shall be binding on the "Owners" of the "Property", each subsequent owner and any other person(s) acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions ADDENDUM TO DEVELOPMENT AGREEMENT (MI 05-015 CHAMPION PARK SUBDIVISION) PAGE 2 OF 5 thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" or "Developer", to execute appropriate and recordable evidence of termination of this addendum if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Addendum. 5. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between "Owner/Developer" and "City" relative to the subject matter hereon, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended within the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 7. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 05-015 CHAMPION PARK SUBDIVISION) PAGE 3 OF 5 • ACKNOWLEDGMENTS • IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPER: HILLVIEW DEVELOPMENT CORPORATION BY: ARKLE SIDENT CITY OF MERIDIAN BY: MAYO ! -de WEERD fAF C �r���� tita��s Etl�_�1e f,�jffL1 V%(?/Y�Gw ���• �v (/ Attest: w WfL LIAM G. BERG, JR., T LERK ADDENDUM TO DEVELOPMENT AGREEMENT (MI 05-015 CHAMPION PARK SUBDIVISION) PAGE 4 OF 5 • STATE OF IDAHO ) ss: County of Ada ) On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Jim Merkle on behalf of Hillview Development Corporation, known or identified to me to be the president of said corporation, who executed the instrument on behalf of said corporation, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) w X Ua 1 X 6 OF STATE OF IDAHO ) - ss County of Ada ) NotAry Public for Residing at: My Commission On this day of _ 01 �+u'� (°,, , 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and J`tificate first above written. (SEAL) 5\%m,WV�' li� ) Notary Public for Idaho Residing at: YYU, U) &� .) r a L Commission expires: 15, 11 ADDENDUM TO DEVELOPMENT AGREEMENT (MI 05-015 CHAMPION PARK SUBDIVISION) PAGE 5 OF 5 Leual Description of property A parcel of land located in the E 1/2 of the SW K and the W %2 of the SE K of Section 32, TAN., R. lE., B.M., Ada County, Idaho, more Particularly described as follows: Commencing at the section comer common to Sections 31 and 32 of said T. 4N., R. lE., and Sections 5 and 6 of T. 3N., R. lE., B.M.; Thence North 89043'17" East, 1991.44 feet on the section line common to said Sections 32 and 5 to the REAL Po1NT OF BEGINNING, Thence North 00001'19" West, 2652.73 feet on the westerly boundary line of the East %x of the SE %4 of the SW K of said Section 32, a portion of said line also being on the easterly boundary line of Summerfield Subdivision Number 3, as same is shown on the Plat thereof recorded in Book 69 of plats at pages 7047 and 7048 of Ada County Records, to a point on the east -west mid-section line of said Section 32; Thence North 89-54'1 V East, 573.09 feet (formerly described as North 84°42' East, 573.4 feet) on the east -west mid-section line of said Section 32, said line also being the southerly boundary line of Heritage Subdivision Number 2, as same is shown on the plat thereof recorded in Book 23 of Plats at pages 1452 and 1453 of Ada County Records, to a point on the westerly boundary line of Jasmine Acres, a Subdivision, as same is shown on the plat thereof recorded in Book 59 of Plats at Page 5829 and 5830 of Ada, County Records; Thence on the westerly boundary line of said Jasmine Acres for the following courses and distances; South 13°05'58" East, 107.12 feet; Thence South 2904558" East, 43.30 feet; Thence South 53012'58" East, 164.80 feet; Thence South 65°26'58" East, 111.00 feet; Thence South 66008'58" East, 283.70 feet, Thence South 78020'58" East, 160.90 feet; Thence South 70046158" East, 121.50 feet, Thence South 63003158" East, 177.50 feet; Thence South 48°10'58" East, 154.02 feet to an angle point in the boundary line of said Jasmine Acres; Thence leaving the westerly boundary line of Jasmine Acres, South 48010'58" East, 44.58 feet; Thence South 32010'58" East, 201.40 feet; Thence South 45023'58" East, 99.30 feet; Thence South 27005'58" East, 267.80 feet; Thence South 01000'28" East, 152.80 feet (formerly described as South 0°22' West, 159.2 feet) to the southeast corner of the NW Y/4 of the SE V4 of said Section 32; Thence South 00001'23" East, 1326.17 feet to a point on the Section line common to said Sections 32 and 5, said point being the southeast corner of the SW K of the SE K of said Section 32; Thence South 89°431571' West, 1328.23 feet on the section line common to said Sections 32 and 5 to the %4 SectiOn corner common to said Sections 32 and 5; Thence South 89°43'1T' West, 663.82 feet on the section line common to said Sections 32 and 5 to the real point of beginning. Said parcel contains 104.77 acres more or less. ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 06111/03 12:00 PM DEPUTY Michelle Turner RECORDED -REQUEST OF Meridian City AMOUNT ,00 103085229 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Tom E. Davis and Sue C. Davis, Owners 3. Hillview Development, Developer THIS c EVELOPMENT AGREEMENT (this "Agreement" }, is made and entered into this % tf day of , 2003, by and between CITY OF MERIDIAN, a municipal corporation of(fie State of Idaho, hereafter called "CITY', and TOM E. DAVIS AND SUE C. DAVIS, husband and wife, hereinafter called "OWNERS", whose address is 2740 E. USTICK ROAD, MERIDIAN, IDAHO 83642, and HILLVIEW DEVELOPMENT CORPORATION, hereinafter called 'DEVELOPER', whose address is 150 E. AUKENS, SUITE A, EAGLE, IDAHO 83616. 1 • RECITALS: 1.1 WHEREAS, "OWNERS" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Propertyy"; and 1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities ' may, by ordinance, require or permit as' a condition of re -zoning that the "Owners" or "Developer" mala a written commitment concerning the use or development of the subject "Property'; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owners" and "Developer" have submitted an application for annexation and zoning of the `,property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ -02-033) PAGE 1 of 23 1.5 WHEREAS, "Owners" and `Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "property, held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian Planning jurisdiction, and received further testimony and comment; and 1.7"� - WHEREAS, City Council, the 22 day of LhWi ( 2003, has aPProved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owners" and "Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERS" and "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and. at its urging and requests; and 1.9 WHEREAS, "City" requires the "Owners" and "Developer" to It, into a development agreement for the purpose of ensuring that the "Property' is developed and the subsequent use of the "Property' is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2003, Resolution No. 02-382, and the DEVELOPMENT AGREEMENT (AZ -02-033) PAGE 2 of 23 ti • Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3 • DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERS": means and refers to Tom E. Davis and Sue C. Davis, husband and wife, whose address is 2740 E. Ustick Road, Meridian, Idaho 83642, the parties developing said "Property" and shall include any subsequent owners)/developer(s) of the "Property". 3.3 "DEVELOPER": means and refers to Hillview Development Corporation, whose address is 150 E. Aikens, Suite A, Eagle, Idaho 83616, the party developing said "Properly" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8 attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERIIIITTED BY THIS AGREEMENT: DEVELOPMENT AGREEMENT (AZ -02-033) PAGE 3 of 23 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D.) which are herein specified as follows: Construction and development for a Planned Development consisting of 275 single famay detached buiiding lots, 52 townhouse lots„ 4 office lots, 2 commercial lots, I mini storage lot,1 pocket party I City "Neighborhood" Party and 32 common lots. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5• DEVELOPMENT IN CONDITIONAL USE: "Owners" and "Developer" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition o& the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owners" and "Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: AMATIMN AND ZONING CONDTIONS QF APPROVAL 1. Remove any existing domestic wells and/or septic systems within this project 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. The Davis home (2740 Ustick) shall connect to City services w hen t he p hase o f t he p roposed s ubdivision t hat includes the house is submitted for final plat. 2. All future commercial uses shall obtain detailed conditional use permits prior DEVELOPMENT AGREEMENT (AZ -02-033) PAGE 4 of 23 to development. T he c onditional u se p ermits w ill p lace I imits o n t he h ours o f operation of the commercial uses. Owner shall be allowed continued use ofthe land for agricultural and livestock purposes (not to exceed 150 head of cattle) until 12/21/05 or final plat approval of all phases. B. Adopt the Recommendations of the ACHD as follows: Site S ecific Conditions of roval pon Development) 1. Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), if funds are available. 2. Construct a 5 -foot concrete sidewalk located 2 -feet within the new right- of-way. If the sidewalk meanders outside of the right-of-way, provide the District with an easement for the sidewalk. 3. Construct North Park place Way (a residential collector) to interest Ustick Road approximately 630 -feet east of the west property line, as proposed 4. Construct North Leslie Way (commercial roadway) to intersect Ustick Road to align with North Leslie Way on the south side of Ustick Road. S. Construct North Leslie Way as a 40 -foot street section with vertical curb, gutter and 5 -foot concrete sidewalk within 54 -feet of right-of-way for approximately 540 -feet north of Ustick Road. 6. Construct North Park Place Way as a residential collector extending from Ustick Road north to East Bowman Street as a 36 -foot street sections with vertical curb, gutter, 5 -foot concrete sidewalk on the west side of the roadway and a 10 - foot asphalt pathway on the east side of the roadways with 50 -feet of right-of- way, as proposed The asphalt pathway must be owned and maintained by the homeowners association. Front on housing or direct access will be prohibited. DEVELQPMENT AGREEMENT (AZ -02-033) PAGE 5 of 23 Mew These restrictions shall be noted on the final plat. Parking will also be prohibited on this roadway. Coordinate the signage plan with District staff. 7. Construct North Leslie Way (from 540 -feet north of Ustick Road to East Nakano Drive), East Nakano Drive and North Dixon Avenue (from East Nakano Drive to East Herons Crossing Drive) as 36 -foot street sections with rolled curb, gutter and 5 -foot concrete sidewalk within 50 -feet of right-of-way, as proposed. 8. Construct East Herons Crossing as a 33 -foot street section with vertical curb, gutter and 5 -foot concrete sidewalk within 50 -feet of right-of-way to match the improvements that were approved with the Education Campus Subdivision. 9. Construct North Leslie Way (north of East Nakano Drive, North Mahoney Avenue, North Petty Way, East Omera Street, East Charleton Street, North Gaviola Avenue, East Woolsey Street, East Satterfield Street, North Dixon Avenue (between East Van Oker Street and East Satterfield Street, between East Conner Street and East Bowman Street, and north of East Herons Crossing), East Summer Dawn Drive, East Van Oker Street, North Cafferty Way, North Hawkins Avenue, East Conner Street, East Bowman Street North Pandratz Way,'East Vigle Way, Fast Troxell Drive and North Conley Drive as 33 -foot street sections with rolled curb, gutter and 5 -foot concrete sidewalk with parking on both sides of the roadway within 50 -feet of right-of-way, as proposed. Submit documentation showing that the fire department has reviewed and approved the proposed street section. 10. Construct East Swindell Drive as a 29 -foot street section with curb, gutter and 5 -foot concrete sidewalk with parking on one side of the roadway within 42 - feet of right-of-way, as sproposed. Parking will be restricted to one side of the roadway. Coordinate the signage plan with District staff. 11. Extend East Summer Dawn Drive from the west property line approximately 400 -feet north of Ustick Road. 12. Extend East Herons Crossing Drive from the west property line approximately 610 -feet south of the north property line, as proposed. 13. Construct a stub street, North Conley Avenue, to the north property line approximately 8,500 -feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE" DEVELOPMENT AGREEMENT (AZ -02-033) PAGE 6 of 23 0 14. Utilize the driveway that intersects Ustick Road approximately 200 -feet west of North Leslie Way for the existing single-family residential home, as Proposed- Eliminate this driveway once the residential use is no longer present. 15. Construct a shared driveway on the east side of North Leslie Way for commercial lots 1 and 2, as proposed. Provide the District With a cross -access agreement for the parcels to access the public roadway system. 16. Construct a shared driveway on the west side of North Leslie Way for office lots 2, 3, 4 and 5, as proposed. Provide the District with a cross -access agreement for the parcels to access the public roadway system. 17. Construct a driveway to intersect with North Park Place Way on the, east side of the roadway approximately 160 -feet north of East Van Oker Street, as proposed. 18. Construct one cul-de-sac turnaround with a center island, as proposed. Provide a minimum turning radius of 45 -feet for the turnaround. - provide a minimum of a 29 -foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. 19. Construct four knuckles without islands throughout the subdivision, as proposed. 20. Construct islands within the right-of-way of North Leslie Way, North Park Place Way and East Bowman Street, as proposed. Provide a minimum clear distance of 21 -feet (measured back -of -curb to back -of -curb). 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 shall be required on the final plat 21. The applicant should constructan eastbound left -turn lane on Ustick Road at the intersection of Ustick Road and North Park Place Way. 22. The applicant should construct an eastbound left_tum lane on Ustick Road at the intersection of Ustick Road. and North Leslie Way. DEVELOPMENT AGREEMENT (AZ -02-033) PAGE 7 of 23 23. The applicant should construct westbound right -true lane on Ustick Road at the intersection of Ustick Road and North Parc Place Way. 24. The applicant should construct westbound right -turn lane on Ustick Road at the intersection of Ustick Road and North Leslie Way. 25. One option for funding improving these roadways is the implementation of an extra -ordinary impact fee overlay district. This applicant will be subject to extra -ordinary fees, should an overlay district be implemented in this area. (Changed per action of the City Council at their April 1, 2003 meeting, and per ACHD's Inter -Office Memo dated March 17, 2003.) 26. Other than the access points specifically approved with this application, direct access to Ustick Road is prohibited. 27. Comply with all Standard Conditions of Approval. Standard Conditions of A mval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. Utility street cuts in pavement less than five years old'are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada. County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. DEVELOPMENT AGREEMENT (A7r02-033) PAGE 8 of 23 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGL '4E (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terns 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. 11. 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The portion of the project which is 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 400' apart. 1997 UFC Appendix III A DEVELOPMENT AGREEMENT (AZ -02-033) PAGE 9 of 23 2. Commercial, office and storage occupancies will require a fire -flow consistent with the Uniform Fire Code to service the proposed project. Fire h placed an average of 400' apart. 1997 UFC hydrants shall be Appendix Ill A . 3. 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. 4. Acceptance of the water supply for fire protection will be by the Meridian Nater Department. 5. Final Approval of the bre hydrant locations shall be bthe Meridian Fire y Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 6. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside. 7• Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times, The typical street width of 34' will be allowed to have parking on both sides. The typical street with a minimum width of 29' will be required to have restricted parking to only one side. UFC 902.2.2.1 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 10. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 11. A minimum of two points of access will be required for any portion of the Project, which serves more than 50 homes. UFC 902.2.1 _ 12. It is requested that all landscape islands at the entry points be moved back a minimum of 15' to improve turning radiuses at these entrances. Per City Council action taken at their April 1, 2003 meell comments, concerns or requirements shall be required as fotllowshe additional entity DEVELOPM'� AGREEMENT (AZ -02-033) PAGE 10 of 23 D. To clarify, the ditch easement for the ditch user's facility along the north boundary, shall be required to be shown on the Plat. There are currently no easements of record for the ditch. The applicant shall provide a 10 foot easement on its side of the property, and shall also pipe the facility, and shall coordinate the piping with the owner of the adjacent property, Vic Clapp. E. To clarify the matter concerning the water amenity for the pond and water circulation, the applicant shall work with their landscape architect for recommendations based on the depth, the size, and circulation of the water. The applicant shall provide the Planning and Zoning Department with documentation and a design for their approval. F. Adopt the requirements of the Parks and Recreation Department as follows: Increase the parking lot area for the neighborhood park to 16 total spaces including 2 handicapped accessible spaces. 2. Provide on street parking for an additional 14 spaces, making a total of 30 spaces for the park. 3. The Parks and Recreation Department and Developer have come to a determination on the exchange of impact fees, as outlined in the memo submitted to the City Council by Becky McKay at the March 18, 2003 public hearing. Said memo states the Developer may receive a park impact fee credit of 5 0% o f the i and v alue p lus i mprovements. T he D eveloper and Parks Department shall enter into an agreement on the impact fees prior to the execution of the six (6) acre park land transfer. 4. Pertaining to the Meridian City Neighborhood Park, the following shall be required: a. The developer will donate three (3) acres of the park site. b. The developer will pay for fifty percent ' (50%) of the park improvements (hydro -seeding, irrigation, trees and parking lot), according to the Park and Recreation Departments specifications. C. The developer will construct the ten (10) foot multi -use pathway through the site, including the portion along the park. d. The developer will construct the micro -paths ' which enter into the park. e. The developer will install fencing along the north and south sides of the park. DEVELOPMENT AGREEMENT (AZ -02-033) PAGE 11 of 23 IMF £ The developer will construct the pressure irrigation pond adjoining the park. 9. The developer will provide sewer and water service to the park. h. The developer will coordinate with the utility, companies for future service of the park. i. The developer will provide a pressure irrigation pump station, according to the Park and Recreation Departments specifications. j• The d eveloper w ill c oordinate w ith t he P arks D apartment o n t he improvements for shelter, restroom, and play ground equipment, according to the Park and Recreation Departments specifications. k• 'The Park and Recreation Department shall provide plans and construction documents, and the developer shall build according to the Park and Recreation Departments specifications. 1. The park is to be transferred to the City prior to the filing of the final Plat in which the six (6) acre park is located or by December 31, 2005, whichever is sooner. G. Additionally, the "Applicant" and "Developer" shall comply with the conditions within the corresponding Preliminary Plat — Case No. PP -02-033 and the Conditional Use Permit — Case No. CUP -02-049. -7• COMPLIANCE PERIOD/ CONSENT TO REZONE: This A and the commitments contained herein shall be terminated,greement and the zoning designation reversed, upon a default of the "Owners" and "Developer" or "Owners" and "Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject ,propert date this Agreement is effective, yi' of this agreement within two years of the and after the 'City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owners" and "Developer" consent upon default to the de -annexation and/or a reversal of the zoning designation of the ` upon the followin conditions subject to and conditioned g precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and "Developer" and if the DEVELOPMENT AGREEMENT (AZ -02-033) PAGE 12 of 23 "Owners" and `Developer" fails to cure suchfailure within six (6) months of such notice. 9. INSPECTION: "Owners" and "Developer sh completion of an p � immediately upon com P y portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owners" and `Developer", "Owners" and "Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owners" and "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of `Vity" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City' shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and "Developer's" cost, and submit proof of such recording to "Owners" and "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance m connection with the annexation and zoning of the "Properly" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. DEVELOPMENT AGREEMENT (AZ -02-033) PAGE 13 of 23 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City, or "Owners" and "Developer,, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owners" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with' diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and 'developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without Iimitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owners" and "Developer" agrees to provide, if required by the 15. CERTIFICATE OF OCCUPANCY: The "Owners" and "Developer" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners" and "Developer" have -entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". DEVELOPMENT AGREEMENT (AZ -02-033) PAGE 14 of 23 16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and sDeveloper" agrees to abide by all ordinances of the Cita, of Meridian and the °`property" shall be subject to de -annexation if the owner or his assigns, meet the conditions contained in the Findings of Fact anonclusions of es, o srs h not Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: C/o City Engineer City of Meridian 660 E. Watertower Lane, Ste. 200 Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNERS: Tom E. Davis and Sue C. Davis 2740 E. Ustick Road. . Meridian, Idaho 83642 DEVELOPER: HMLVIEW DEVELOPMENT CORPORATION ISO E. Aikens, Suite A. Eagle, ID 83616 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the Parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attomey's fees as determined by a Court of competent jurisdiction. This provision shall be deemed forfeiture of this Agreement. to be a separate contract between the parties and shall survive any -default, termination or 14• TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and everyt and provision hereof; and that the failure to timet e� condition y perform any of the obligations DEVELOPMENT AGREEMENT (AZ -02-033) PAGE 15 of 23 hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owners" of the "Property". each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portionsthereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed "City" agrees, upon written request of "Owners" and "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and "Developer" leas fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22• FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and "Developer" and "City" relative to the subject matter here and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owners" and "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,'and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development Of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23• EFFECTIVE DATE OF AGREEMENT: This Agreement shall be DEVELOPMENT AGREEMENT (AZ -02-033) PAGE 16 of 23 effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ -02-033) PAGE 17 of 23 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNERS/DAVIS: r Tam E. Davis . . BY: Sue C. Davis DEVELOPERAULLVIEW DEVELOPMENT CORPORATION: BY: *ffe=� Attest: sI rw.M i x, Irl DEVELOPMENT AGREEMENT (AZ -02-033) PAGE 18 of 23 1 CITY OF MERIDIAN ",--v Attest: CITY CLERK STATE OF IDAHO ) ss: COUNTY OF ADA ) T dr?s are Allaot a, OF �O BEAL . On this ' dayof i in the year 2m, before me, a Notary lic, personally appeared TOM E. DAVIS and SUE C. DAVIS, husband and wife, known or identified to me to be the persons Who executed the instrument and acknowledged to me that they executed the same. (SEAL) Notary public for Idaho Residing at: &JIZ. Commission Wires: DEVELOPMENT AGREEMENT (AZ -02-033) PAGE 19 of 23 i STATE OF IDAHO ) :ss COUNTY OF ADA ) On day of /"tA- r 2003, before me in the year .amassJK ' �. /� Asx d r� a +gar« Notary Public, personally appeared known or identified to me to be the _ pAere 01r,,, r of ice? .r "� JJBVELOPMENT CORPORATION, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said corporation. t%GT�R� �r0 (SEAL) �U LZG OF ID STATE OF IDAHO ) Notary pub for Idaho Residing at: ,6 Commission expires: it - z-7 :ss County of Ada ) On this_ day of in the year 2003, before me, a Notary Public, personally appeared �s --' know or identified to me to be the � and William G. Berg, jr. who executed the instrument or th77hn and Clerk, respectively, of the City of Meridian, that executed City, and acknowledged to me tha ity executed the of behalf of said (SEAL) Dr Notary Public for Idaho- Residing dahoResiding at: CflG &-" Commission expires: -o . DEVELOPMENT AGREEMENT' (AZ -02-033) - 20 • Leal Descrintion Of Prouerty A parcel of land located in the E 1/2 of the SW % and the W %Z of the SE %4 of Section 32, T.4N., R. 1E., B.M., Ada, County, Idaho, more Particularly described as follows: Commencing at the section comer common to Sections 31 and 32 of said T. 4N., R 1E., and Sections 5 and 6 of T. 3N, R lE., B.M.; Thence North 89043'17" East, 1991.44 feet on the section line common to said Sections 32 and 5 to the REAL POINT OF BEGUSINING; Thence North 00°01' 19" West, 2652.73 feet on the westerly boundary line of the East %: of the SE %4 of the SW K of said Section 32, a portion of said line also being on the easterly boundary line of Summerfield Subdivision Number 3, as same is shown on the Plat thereof recorded in. Book 69 of Plats at pages 7047 and 7048 of Ada County Records, to a point on the cast -west mid-section line of said Section 32; Thence North 89°54' 10" East, 573.09 feet (formerly described as North 84042' East, 573.4 feet) on the east -west mid-section line of said Section 32, said line also being the southerly boundary line of Heritage Subdivision Number 2, as same is shown on the plat thereof recorded in Book 23 of Plats at pages 1452 and 1453 of Ada Courcy Records, to a point on the westerly boundary line of Jasmine Acres, a Subdivision, as same is shown on the plat thereof recorded in Book 59 of Plats at Page 5829 and 5830 of Ada County Records; Thence on the westerly boundary line of said Jasmine Acres for the following courses and distances; South 13°05'58" East, 107.12 feet; Thence South 29°4558" East, 43.30 feed Thence South 53012'58" East, 164.80 feet; Thence South 65026'58" East, 111.00 feet; Thence South 66°08'58" East, 283.70 feet; Thence South 78120'58" East, 160.90 feet; Thence South 70046'58" East,121.50 feet, Thence South 6300358" East, 177.50 feet; Thence South 48010'58" East, 154.02 feet to an angle point in the boundary line of said Jasmine Acres; Thence leaving the westerly boundary line of Jasmine Acres, South 48010'58" East, 44.58 feet; Thence South 32010'58" East, 201.40 feet, DEVELOPMENT AGREEMENT (AZ -02-033) - 21 Thence South 45023'58" East, 99.30 feet; Thence South 27005'58" East, 267.80 feet; Thence South 01000'2811 East, 152.80 feet (formerly described as South 0022' West, 159.2 feet) to the southeast corner of the NW V4 of the SE Y4 of said Section 32; Thence South 00°01'23" East, 1326.17 feet to a point on the Section line common to said Sections 32 and 5, said point being the southeast corner of the SW K of the SE V4 of said Section 32; Thence South 89043'57' West, 1328.23 feet on the section line common to said Sections 32 and 5 to the %4 Section corner common to said Sections 32 and 5; Thence South 89043117" West, 663.82 feet on the section line common to said Sections 32 and 5 to the real point of beginning. Said parcel contains 104.77 acres more or less. DEVELOPMENT AGREEMENT (AZ -02-033) - 22 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of ADeroyal Z \WMkV flMcridiaalMetWm 153WM\P&13tme Sub AZ -02-033 PP -02-033 CUR02.04g0.,jVAgr.d. DEVELOPMENT AGREEMENT (AZ -02-033) - 23 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE } APPLICATION FOR ANNEXATION ) AND ZONING OF 104.77 ACRES } FOR PROPOSED PARKSTONE } SUBDIVISION, LOCATED ON THE ) NORTH SIDE OF USTICK ROAD, Y } MILE WEST OF EAGLE ROAD, ) MERIDIAN, IDAHO ) HILLVIEW DEVELOPMENT, ) APPLICANT ) GC 03/18/03 C/C 04-01-03 Revised per C/C action 4/15/03 Case No. AZ -02-033 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on March 18, 2003 and continued until April 1, 2003, at the hour of 7:00 pan., and Brad Hawkins -Clark Interim Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Tye Ketlinski, C'reorge Law, John Blakeslee, John Nesmith, Mary Berg, Becky McKay, Brace Mills, and Vic Clapp, appeared and testified, and the City Council having duly considered the evidence and the record in this master therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1 • There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. 'The City Council takes judicial notice of its zoning, subdivision and development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ -02-033) PAGE 1 OF 26 ordinances codified at Titles I 1 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002" Resolution No. 02.3S2, and maps and the ordinance Establishing the Impact Area Boundary 3. The ProPerty which is the subject of the application for annexation and zoning is described in the application, is approximately 104.77 acres in size and is located on the north side of Ustick Road, %z mile west of Eagle Road, Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plam 4. The owner of record of the subject property is Tom and Sue Davis, 2740 E. Ustick Road, Meridian. Applicant is Hillview Development Corporation, 150 E. Aikens, Suite A, Eagle, Idaho. 5. The property is presently zoned RUT (Ada County), and consists of vacant lead. 6. The Applicant requests the Property be zoned as R-8 — Medium Density . Residential. 7. The subject property is bordered to the north by Heritage Subdivision (zoned Rl, Ada. County) and a large single-family home on several acres (zoned RUT, Ada County), to the south by mral residential lots (zoned RUT and R1, Ada County), to the east by Summerlieid Subdivision (zoned R-4) and Education Campus (new elementary and. charter high school site, zoned R4), and to the west by rural residential (zoned RUT, Ada County, depicted as `Regional Mixed Use" on the Comprehensive Plan Land Use Map. 8. 71m Applicant proposed to develop the subject property in the following manner.. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDWMON (AZ -02-033) PAGE 2 OF 26 Planned Development consisting of 275 single-family detached building lots, 52 townhouse lots, 4 office lots, 2 commercial lots, l mini -storage 1041 pocket paw 1 City `'Neighborhood" Park and 32 common lots. 9. The Applicant requests zoning of the subject real property as R-8 (PD) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential with a designation for a potential park. 10. There are no significant or scenic features of rmjor importance that affect the consideration of this application. 11. The City Council recognizes the concerns of Karl and Cheryl Smith, expressed in their letter dated February 2, 2003; John and Shirley Schey, expressed in their letter dated, February 11, 2003; Lynda and Marty Lindgren, expressed in their letter dated February 13, 2003; Vern Alleman, expressed in his letter dated February 17, 2003; Wendel Bigham, Joint School District, expressed in his letter dated January 10, 2003, and Tom E. Davis and Sue C. Davis, expressed in their letter dated March 27, 2003. Additionally, the Council recognizes the comments/points of interest of Wendell Bigham, Joint School District No. 2, pertained in a memorandum dated Manch 31, 2003 from Brad Hawkins -Clark, and pertained in a facsimile to grad Hawkins -Clark from Wendell Bighorn on March 31, 2003, as follows: 1. The school district has had regular contact with Mr. Davis and Hillview Development regarding the potential development of this property. There will be adequate capacity at the new Locust Grove elementary school currently under construction to serve the Parkstone Subdivision. The school's student capacity is 650. 2. The district estimates that; by the time Parkstone Subdivision is built out, the Havasu Creek elementary school will be constructed. This school. is within one mile of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECCISSION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ -02-033) PAGE 3 OF 26 Locust Grove school and will be equipped to handle any overflow that might oats at the Locust Grove site. 3. The school district boundaries will continue to shift as development builds -out. Ifthe densities occur as per the Comprehensive Plan, there will continue to be one elementary school serving a ach s quare m ile, which the district believes will be adequate. 4. Discovery Elementary School located within the Educational Campus Subdivision on Locust Grove Road will accommodate those students generated from the final build out of the Parkstone Subdivision Over time the current boundary for Discovery Elementary will reduce in size due to increased growth in the north Meridian area and that growth will drive the construction ofadditional elementary schools in the nearby sections. We were aware of the proposed parkstone Subdivision at the time the boundaries were set and continue our support for approval of the Parkstone Subdivision upon the Davis property. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and, services required by the proposed development will not impose po expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Meridian Planning & Zoning Deparhinent as follows: -,L�-v„� 1'y[z�l�! X11:1 1. Remove any existing domestic wells and/or septic systems within this Per Ci project fromtheir domestic service p City Ordinance Section 5-7-S17, when services are available fiiom the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. The Davis home (2740 Ustick) shall connect to City services when the phase of the proposed subdivision that includes the house is submitted for fmat plat. - 2. A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions that all future commercial uses obtain detailed conditional use permits prior to development. The conditional- its will place limits on the hours of operation of the commercial uses. Owner shall be allowed continued use of the land for agricultural and livestock purposes (not to exceed 150 head of cattle) until 12/21/05 or final plat approval of all phases. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANMNG APPLICATION FOR ANNEUTION AND ZON NG PAMTONE SUBDIVISION (AZ -02-033) PAGE 4 OF 26 B. Adopt the Recommendations of the ACM as follows: Site &= Ic -L"Ons of Avflroyal (Upon OMMO I. Dedicate 48 -fed of right-of-way from the centerline of Ustick Road abutting the Parcel by Meana of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACRD right-of-way if the owner submits a letter of application to the impact fee administrator Prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance #196), if funds are available. 2. Construct a 5 -foot concrete sidewalk located 2 -feet within the new ri If the sidewalk meanders outside of the right-of-way, with � Y� PM�da the District with away an . easement for the sidewalk. 3. Construct North Park Place Way (a residential collector) to interest Ustick Road approximately 630 -feet east of the west property line, as proposed. 4. Construct North Leslie Way (commercial roadway) to intersect Ustick Road to align with North Leslie Way on the south side of Ustick Road. 5. Construct North Leslie Way as a 40 -foot street section with vertical curb, gutter and 5 -foot concrete sidewalk within 54 -feet of right-of-way for approximately 540 -fit north of Ustick Road 6. Construct North Park Place Way as a residential collector extending from Ustick Road north to East Bowman Street as a 36 -foot street sections with vertical curb, gutter, 5 -foot concrete sidewalk on the west side of the roadway and a 10-1oot asphalt pathway on the east side of the roadways within 50 -feet ofright-of-way, as proposed. The asphalt Pathway must be owned and maintained by the homeowners association. Front on housing or direct access will be prohibited. These restrictions shall be noted on the final plat. Parking will also be prohibited on this roadway. Coordinate the signage plan with District staff. 7. Construct North Leslie Way (from 540 -fest north of Ustick Road to East Nakano Drive), East Nakano Drive and North Dixon Avenue (from East Nakano Drive to East - Hernns Crossing Drive) as 36 -foot street sections with rolled curb, gutter and 5 -foot concrete sidewalk within 50 -feet of right-of-way, as proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ -02-033) PAGE 5 OF 26 S. Construct East Herons Crossing as a 33 -foot street section with vertical curb, gutter and 5 -foot concrete sidewalk within 50 -feet of right-of-way to match the improvements that were approved with the Education Campus Subdivision. 9. Construct North Leslie Way (north of East Nakano Drive, North Mahoney Avenue, North Petty Way, East Omera Sttvt, But Charleton Street, North Gaviola Avenue, East Woolsey Sftet, East Satterfield Stmt, North Dixon Avenue (between East Van Oker Street and East Satterfield Stmt, between East Conner Street and East Bowman Strad, and north of East Herons Crossing] Fast Summer Dawn Drive, East Van Oker Street, North Cafferty Way, North Hawkins Avenue, East Comer Street, East Bowman Street North Pandratz Way, East V191e Way, Fast Troxell Drive and North Conley Drive as 33 -foot street sections with rolled curb, gutter and 5-1oot concrete sidewalk with parking on both aides of the roadway within 50 -feet of right-of-way, as proposed. Submit documentation showing that the fire department has reviewed and approved the proposed street section. 10. Construct East Swindell Drive as a 29 -foot street section with curb, gutter and 5 - foot concrete sidewalk with parking on one side of the roadway within 42 -feet of right-of- way, as sproposed. Parking will be restricted to one side of the roadway. Coordinate the signage plan with District stafE 11. Extend East Summer Dawn Drive from the west property line approximately 400 - feet north ofUstick Road 12. Extend East Herons Crossing Drive from the west property line approximately 610 -feet south of the north property line, as proposed. 13. Construct a stub street, North Conley Avenue, to the north property line approximately 8,500 -feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE. 14. Utilize the driveway that intersects Ustick Road approximately 200 -feet west of North Leslie Way for the existing single-family residential home, as proposed. Eliminate this driveway once the residential use is no longer present. 15. Construct a shared driveway on the east side of North Leslie Way for commercial lots 1 and 2, as proposed. Provide the District with a cross -access agreement for the parcels to access the public roadway system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ -02-033) PAGE 6 OF 26 16. Construct a shared driveway on the west side of North Leslie Way for office lots 2, 3, 4 and 5, as proposed, Provide the District with a cross -access agreement for the parcels to access the public roadway system. 17. Construct a driveway to intersect with North Park Place Way on the east side of the roadway approximately 160 fed north of East Van Oker Street; as proposed. 1$. Construct one cul-de-sac turnaround with a center islan as minimum turning radius of 45 -feet for the turnaround. Provide a usiof Provide 29 foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 -feet wide to total a minimum of a 100 - square foot area. 19. Construct four knuckles without islands throughout the subdivision, as proposed. 20. Construct islands within the right -of way of North Leslie Way, North Park Place Way and East Bowman Street, as proposed. Provide a minimum clear distance of 21 -feet (measured back=of-curb to back -of -curb). Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Nates of this shall be required on the final plat. 21. The applicant should construct an eastbound leii turn lane on Ustick Road at the intersection of Ustick Road and North Park Place Way. 22. The applicant should construct an eastbound lett-turn lane on Ustick Road at the intersection of Ustick Road and North Leslie Way. 23. The applicant should construct westbound right -turn lane on Ustick Road at the intersection of Ustick Road and North park Place Way. 24. The applicant should Construct Westbound right prom lane on Ustick Road at the intersection of Ustick Road and North Leslie Way, 25. One option for funding improving these roadways is the implementation of an extra -ordinary impact fee overlay district. This applicant will be subject to extra -ordinary fees, should an overlay district be implemented in this area. (Changed per ,action of the City Council at their April 1, 2003 meeting, and peer ACM's Inter -Office Memo dated Match 17, 2003.) 26. Other than the access points specifically approved with this application, direct access to Ustick Road is prohibited.. i FMINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ -02-033) PAGE 7 OF 26 27. Comply with all Stsudard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and ccrostluction 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. 6. 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. I. Construction, use and pmperty development shall be in conformance with all applicable requirements of the Ada County Highway District vrior to District approval for occupancy. S. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACRD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZOMNG PARKSTONE SUBDIVISION (AZ -02-033) PAGE 8 OF 26 10. 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 sha11 be upon the applicant to obtain written confirmation of any change from the Ada County HighwayDistrict. 11. 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The Portion oftheproject which is one and two &nnydwellings 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 440' apart. 1997 UFC Appendix III A 2. Commercial, office and storage occupancies will require a fire -flow consistent with the Uniform Fire Code to service theproposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix IIIA 3. 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 emergencymedical service vehicles. This cost of this installation is to be borne by the developer. 4. Acceptance of &e water supply for fire protection will be by the Meridian Water Departmernt. S. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department, The proposed fire hydrant locations will be submitted) to the Public Works for plan review. 6. All mads and fire Innes shall have a turning radius of 28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained fi ee of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. The typical street width of 34' will be allowed to have FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ -02-033) PAGE 9 OF 26 0 parking on both sides. The typical street with aminimurn widthof 29'will be required to have rectal parking to only one side. UFC 902.2.2.1 9. Operational fire hydrants and temporary or P=MNMstreet signs are required before combustible construction begins. UFC 901 Al & 9013 10. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 11. A minimum of two points of acmes will be required for any portion of the which serves more than 50 homes. UFC 902.11 project, 12. It is requested that all landscape islands at the entry points be moved back a minimum of 15' to improve turning radiuses at these entrances. Per City Council action taken at their April 1, 2003 meeting, the additional entity comments, concerns or requirements shall be required as follows: D. To clarify, the ditch easement for the ditch user's facility along the north boundary, shall be required to be shown on the Plat. There are currently no easements of record for the ditch. The applicant shall provide a 10 foot easement on its side of the property, and shall also pipe the facility, and shall coordinate the piping with the owner of the adjacent property, Vic Clapp. E. To ctarify the matter concerning the water amenity for the pond and water circulation, the applicant shall work with their landscape architect for recommendations based on the and circulation of the water: The applicant shall depth, the size, app � provide the Plannirtg and Zoning Department with documentation and a design for their approval. F. Adopt the requirements of the Parks and Recreation Department as follows: ] . Increase the parking lot area for the neighborhood park to 16 total spaces including 2 handicapped accessible spaces. 2. Provide on street parking for an additional 14 spaces, making a total of 30 spaces for the park 3. The Parks and Recreation Department and Developer have come to a determination on the exchange of impact fees, as outlined in the memo submitted to the City Council by Becky McKay at the March 18, 2003 public hearing. Said memo states the Developer may receive a park impact fee credit for 508/b of the land value plus improvements. The Developer and Parks Department shall enter into an agreement on the impact fees prior to the execution of the six (6) acre park land transfer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ?.ON1NG PARMONE SUBDIVISION (AZ -02-033) PAGE 10 OF 26 4. Pertaining to the Meridian City Neighborhood Park, the following shall be required: IL The developer will donate three (3) acres of the park site. b. The developer will pay for �' Percent (50%) of the Park improvemeaffi (hydro-seeding, g, ��on' trees and parking lot), according to the Park and Departments specifications. C. The developer will construct the he (1 o) foot multi -use pathway through the site, including the portion along per, d. The developer will construct the micro.. e• The developer will install f will constrP which enter into the park. f The developerencing along the north and south sides ofthe park. uct & The developer will provide the pressure irrigation pond adjoining the park. sewer and water service to the park. The developer will coordinate with the utility companies for fhture service of the park. i• The developer will provide a pressuro Un gation PSP station, according to the Park and Recreation j Departments specifications. The developer will coordinate with the Parks Department on the improvements for shelter, restroom, and playground the Park and Recreation equipment g to � The Park and Recreation D dents specifir�ions. documenffi, and the developer shall provide pleas and construction op shall build according to the Park and Recreation Departments specifications. 1• The park is to be transferred to the City prior to. the which the six (6) acre Park's located or b filing of the final plat in sooner. y December 31, 2005, whichever is 13. It is found that the requested zoning designation, R -S, is harmonious with and in accordance with the effective Comprehensive Plan (`02) and Future Land Use Map, which designates the land to be *'Medium Density Residential°' with a Community Park. The park indicated on the Comprehensive Plan at this location is intended to be a communitypark rather than a neighborhood park as proposed, by the applicant. The Comprehensive Plan also indicates that the subject Property should have a'Multi Use, Pathway running north -south through the middle of the proposed subdivision. Page 54 of the Comprehensive Pian addresses the issue of pathways and states that they should be in compliance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIMION (AZ -02-033) PAGE 11 OF 26 with the Parks and Recreation Comprehensive Plan (not yet adopted) and that the pathway should be located `off street", The applicant has indicated that they are willing to install a 10' asphalt multi -use pathway along the east side of N. Park Place Way. The pathway can cross Nakano Drive and proceed west to the pocket park and north along the edge of the park to the pedestrian pathway (lot 16, block 19). A multi -use pathway can be added through block 18. This will align with the N. Conley Avenue stub street, providing a pedestrian outlet to the north for future pathway extension. This issue is discussed in further detail within the preliminary plat additional considerations. The Parks Department comments may be reviewed concerning the proposed neighborhood park and the need for a pathway within the subdivision. The applicant's request to continue raising 150 head of cattle on this property during development does not complywith the Comprehensive Plan's residential designation of the subject ProPeTtN however, there is no objection to the continuation of the agricultural use of the subject Property during the phi construction of the project. This issue is addressed in number 12 above, under Annexation and Zoning Conditions Of Approval number 2. 14. It is not anticipated that the applicant intends to rezone the subject property in the future. The commercial uses (i.e. office, commercial and mini -storage) are allowable as excepted uses if approved as part of the overall planned development, It is recommended that the land used for office use be rezoned to L-0, and likewise the commercial property be rezoned to C_G rather than R-8 as proposed. IS. It is found that the proposed single family residential subdivision with some FINDINGS OF FACT AND CONCLUSIONS OF -LAW AND DE=ONAND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ -02-033) PAGE 12 OF 26 commercial uses would be allowed within the requested R-8 zone, if accompanied with a Conditional Use Permit for a Planned Development. 16. It is found that the land to the north and west of the property are developed in a residential manner similar to the proposed subdivision and the land on the eastern side of the proposed subdivision will most likely be developed in a commercial or higher intensity use. Itis also found that the requested zoning designation of R-8 is harmonious with the recently approved adjacent development and should be rezoned in the requested manner. 17. It is found that the proposed uses (single family residenutial, office, commercial and mini -storage) will not change the existing (single family) or intended character (single family and minced use) of the area, 18. It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 19. It is found that the property to be annexed will or can be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer m ains t o and through the proposed development, thereby making them available to the adjacent properties. Review ofthe ACHD, Police and Fire Department's comments concerning this subdivision will provide further information regaa+ding public services and facilities. The applicant has requested that the Davis home located now the southeast comer be allowed to wait to hook up to City services until such time as the phasing for the project brings services to the existing house. There is no obj ection to the request as this issue is addressed in number 12 above, underAnnexation and Zoning Conditions of Approval number 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ02-033) PAGE 13 OF 26 t 20. It is found that there will not be excessive additional requirements at public cost for public services and facilities and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare ofthe surrounding area. The fact is also recognized that traffic and noise will increase significantly upon build -out of the proposed subdivision; however staff does not feel that the amount generated will be detrimental to the public welfare of the city. 22. It is found that the subdivision's vehicular approaches off of Ustick Road. will create new interference with the existing east -west traffic on Ustick Road; however stats does not believe that the subdivision entrances will cause significant interference on the surrounding public streets. Review ACRD comments concerning vehicular approaches and tnuffic generation. 23. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re -zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 24. It is found that services are available to the site and that the inclusion of a new City Park within the subdivision makes the annexation of this property in the best interest of the City 25. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a FIlVDiNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ -02-033) PAGE 14 OF 26 condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed,, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing„ or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAw The City of Meridian has authority to annex real property upon written request for annexation and the real properly being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975". codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ -02-033) PAGE 15 OF 26 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 14, inclusive. 5. The zoning ofMedium DensityResidentW (A-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: M -Bl Mediam Density Residential District: The purpose of the R-8 District is to permit the establishment of single -and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into tow -family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is requited. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land See Burt vs. The Cif1daho Fall& 1 o5 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4.13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PAMTONE SUBDIVISION (AZ -02-033) PAGE 16 OF 26 OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 104.77 acres to Medium Density Residential (R-8) is granted subject to the terms and, conditions of this Order hereinafter stated 2. The application is for annexation and zoning of 104.77 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANEXATION AND CONDTTONS OF PROVAr 1. Remove any existing domestic wells and/or septic systems within this project 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. The Davis home (2740 Ustick) shall connect to City services when the phase of the proposed subdivision that includes the house is submitted, for final plat. 2. A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions that all future commercial uses obtain detailed conditional use permits prior to development. The conditional use permits will place limits on the hours of operation of the commercial uses. Owner shall be allowed continued use of the land for agricultural and livestock purposes (not to exceed. 150 head of cattle) until 12121/05 or final plat approval of all phases. B.. Adopt the Recommendations of the ACHD as follows: FMINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ -02-033) PAGE 17 OF 26 ca T Site Specific Conditions of Approval (Upon Development) 1. Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the par. cel by means of a wan aty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance #196), if funds are available. 2. Construct a 5 -foot concrete sidewalk located 2 -feet within the new right-of-way. If the sidewalk meanders outside of the right-of-way, provide the District with an easement for the sidewalk. 3. Constn=t North Park Place Way (a residential collector) to interest Ustick Road approximately 630 -feet east of the west property line, as proposed, 4. Construct North Leslie Way (commercial roadway) to intersect Ustick Road to align with North Leslie Way on the south side of Ustick Road. 5. Construct North Leslie Way as a 40 -foot street section with vertical curb, gutter and 5 -foot concrete sidewalk within 54 -feet of right-of-way for approximately 540 -feet north of Ustick Road 6. Construct North Park Place Way as a residential collector extending from Ustick Road north to East Bowman Street as a 36 -foot street sections with vertical curb, gutter, 5 -foot concrete sidewalk on the west side of the roadway and a 10 -foot asphalt pathway on the east side of the roadways within 50 -feet of right-of-way, as proposed. The asphalt pathway must be owned and maintained by the homeowners association. Front on housing or direct access will be prohibited. These restrictions shall be noted on the final plat. Parking will also be prohibited on this roadway. Coordinate the signage plan with District staff. 7. Construct North Leslie Way (from 540 -feet north of Ustick Road to East Nakano Drive), East Nakano Drive and North Dixon Avenue (from Fast Nakano Drive to East Herons Crossing Drive) as 36 -foot street sections with rolled curb, gaiter and 5 -foot concrete sidewalk within 50 -feet of right-of-way, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ -02-033) PAGE 18 OF 26 8. Construct East Herons Crossing as a 33 -foot street section with vertical curb, gutter and 5 -foot concrete sidewalk within, 50 feet of right -of --way to match the improvements that were approved with the Education Campus Subdivision. 9. Construct North Leslie Way (north of East Nakano Drive, North Mahoney Avenue, North Petty Way, East Omem Street, East Charleton Street, North Gaviola Avenue, East Woolsey Street, East Satterfield Street, North Dixon Avenue (between East Van Oker Street and East Satterfield Street, between Fast Conner Street and East Bowman Street, and north of East Herons Crossing), East Summer Dawn Drive, Fast Van Oker Street, North Cafferty Way, North Hawkins Avenue, East Conner Street, East Bowman Street North Pandratz Way, East V181e Way, East Troxell Drive and North Conley Drive as 33 - foot street sections with rolled curb, gutter and 5 -foot concrete sidewalk with parking on both sides of the roadway within 50 -feet of right-of-way, as propose, Submit documentation Showing that the fire department has reviewed and approved the propose street section. 10. Construct East Swindell Drive as a 29-1oot street section with curb, gutter and 5 - foot concrete sidewalk with parking on one side of the roadway within 42 -feet of right-of- way, as sproposed. Parking will be restricted to one side of the roadway. Coordinate the signage plan with District staff. 11. Extend East Summer Dawn Drive from the west property line approximately 400 - feet north of Ustick Road.. 12. Extend East Herons Crossing Drive from the west property line approximately 610 -feet south of the north properly line, as proposed. 13. Construct a stub street, North Conley Avenue, to the north property fine approximately 8,500 -feet east of the west property fine, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 14. Utilize the driveway that intersects Ustick Road approximately 200 -feet west of North Leslie Way for the existing single-family residential home, as proposed. Eliminate this driveway once the residential use is no longer present. 15. Construct a shared driveway on the east side of North Leslie Way for commercial lots 1 and 2, as proposed. Provide the District with a cross -access agreement for the parcels to access the public roadway system. 16. Construct a shared driveway on the west side of Northimlie Way for office lots 2, 3, 4 and 5, as proposed. Provide the District with a cross -access agreement for the parcels to access the public roadway system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAN1iNG APPLICATION FOR ANNEXATION AND TONING PARKSTONE SUBDIMION (A7-02-033) PAGE 19 OF 26 i 17. Construct a driveway to intersect with North, Park Place Way on the east side of the roadway approximately 160 -feet north of But Van Oker Street, as proposed. 18. Construct one cul-de-sac turnaround with a center island, as minimum turning radius of 45 -feet for the °p° Provide a turnaround., Provide a minimum of a 29 -foot street section on either side of any proposed center ielaads within the turnarounds. The medians shall be constructed a minimum of 4 -feet wide to total a minimum of a 100 - square foot area,. 19. Construct four knuckles without islands throughout the subdivision, as proposed, 20. Construct islands within the right-of-way of North Leslie Way, North Park Pie Way and East Bowman Street, as proposed. Provide a minimum clear distance of 21 -feet (measured back of -curb to back -of -curb). Any proposed within the public right-of-way dedicated by this plat shall be landscape wnneed and n-intained. by a homeowners association. Notes of this shall be required on the final plat. 21. The applicant should construct an eastbound left -tum lane on Ustick Road at the intersection of Ustick Road and North Park Place Way. 22. The applicant should construct an eastbound left -turn lane on Ustick Road at the intersection of Ustick Road and North Leslie Way, 23. The applicant should construct westbound right -turn lane on Ustick Road at the intersection of Ustick Road and North Park Place Way, 24. The applicant should construct westbound right -tum lane on Ustick Road at the intersection of Ustick Road and North Leslie Way. 25. One option for funding improving these m extra -or ' mays is the implementation of an dznaty impact fee overlay district. This applicant will be subject to extra-ordinar}► fees, should an overlay district be implemented in this area, (Changed per action of the City Council at their April 1, 2003 meeting, and per ACHD'a Iuter-Office Memo dated March 17, 2003.) 26. Other than the access points specifically approved with this application, direct access to Ustick Road is prohibited. 27. Comply with all Standard Conditions of Approval. St'—AW Conditions of ro—I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ -02-033) PAGE 20 OF 26 "fid a 1 • Any existing irrigation facilities shall be relocate, outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall, be borne by the developer. 3 • Replace any existing damaged curb, gutter and sidewalk -and any that may be damaged during the construction of the propose, development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. 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. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which, incorporates any required design changes. 7. Construction, use and property development shall be in conformance with an applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all eadating utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLI E (1-800- 342-1585) at least two full business days prior to brealang ground within ACRD r ght_of- way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA TION AND ZONING PARKSTONE SUBDIVISION (AZ -02-033) PAGE 11 OF 26 x upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. 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 an 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 C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The portion oftheproject which is one and two family dwellings willrequire afire -flow of 1,000 gallonsperminute available forduration of2 hours to service the entnproject Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix M A 2. Commercial, office and storage occupancies will require a fire -flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix M.A 3. The fire department requests that any fixture 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. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant Dations will be submitted to the public Works for plan review. 6. All roads and fire lanes "have a turning radius of 28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetationper Section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a cls driving surface with a minimum width of20' available at all times. The typical street width of 34' will be allowedto have parking on both sides. The typical street with a minimum width of 29' will be required to have restricted parking to only one side. UFC 902.2.2.1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ -02-033) PAGE 22 OF 26 9. Operational fire hydrants and temporary or combush"ble construction begins. UFC 901.4.2 &pam9013 ft street signs are required before 10. The phasing plan may require that any roadwaygreater than 150' in length that is not provided with an outlet shall be required to have a turn around. I I A minimum of two points of access will be required for any portion of the project; which serves more than 50 homes. UFC 902.2.1 12. It is requested that all landscape islands at the entry points be moved back a minimum of 1S' to improve taming radiuses at these entrances. Per City Council action taken at their April 1, 2003 meeting, the additional entity comments, concerns or requirements shall be required as follows: D. To clarify, the ditch easement for the ditch user's facility along the north boundary, required to be shown on the Plat. There are currently no easements of record for the ditch, The applicant shall provide a 10 foot easement on its side oftheproperty, and shall also pipe the facility, and shall coordinate the piping with the owner of the adjacent property, Vic Clapp. E. To clarify the matter concerning the water amenity for the pond -and water circulation, the applicant shall work with their landscape architect for recommendations based on the and circulation of the water. The applicant shall provide the P fit' the �' documentation and a designfor their ZOO Department with approval. F. Adopt the requirements of the Parks and Recreation Department as follows: 1. Increase the parking lot area for the neighborhood part to 16 total spaces including 2 handicapped accessible spaces. 2. Provide on street parking for an additional 14 spaces, making a total of 30 spaces for the park. 3. The Parks and Recreation Department and Develaperhave come to a determination on the exchange of impact fees, as outlined in the memo submitted to the City Council by Becky McKay at the March 18, 2003 public hearing. Said memo states the Developer may receive a park impact fee credit of 50% of the land value plus improvements. The Developer and Parks Department shall enter into an agreement on the impact fees Prior to the execution of the six (6) acre park land transfer: 4. Pertaining to the Meridian City Neighborhood Park, the following shall be required: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PAMTONE SWDIVNION (AZ42-033) PAGE 23 OF 26 a. The developer will donate three (3) acres of the park site. b. The developer will pay for fi ft Percent (50%) of theark im (hydro -seeding, irrigation, trees and P provements Recreation Departments specifications. lot), according to the Park and C. The developer will construct the ten (10) foot multi -use pathway through the site, including the portion along the park d. The developer will construct the micro paths which enter into the park. e• The developer will instar fencing along the north and south sides ofthepark £ The developer will construct the pressure irrigation pond adjoining the park. 9. The developer will provide sewer and water service to the park h• The developer will coordinate with the utility companies for At= service of the park. i• The developer will provide a Pressure the Park Bad Recreation Departments nngatton PSP station, according to j• The developer will � � specifications. °Pdinate with the Parks Department on the improvements for shelter, restroorp, and playground e4�� according to the Park and Recreation Departments specifications. k The, Park and Recreation Department shall provide plans and construction documents, and the developer shall building according to the Park and Recreation Departments specifications. 1• The park is to be transferred to the City prior to the filing of the final plat in which the six (6) acre Park's located or by December 31, 2005, whichever is sooner. 4. The City Attorney shallPrepare for considenatian by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian. City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis Order the engineering staffof the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meaidian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS• OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (A7,02-033) PAGE 24 OF 26 NOTICE OF FINAL ACTION Please take notice that this is a sinal action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is aperson who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who 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 day of 2003. ROLL CALL COUNCKmAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ! 22.-'V—; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONNG PARKSTONE SUBDIVISION (AZ -02-033) PAGE 25 OF 26 VOTED �~ • MOTION: APPROVED: DISAPPROVED: Attest: ot,%N III 1#1tt111161 t, t William G. Berg, Jr., C ty erk � SISAL Copy served upon Applicant, the the City Attorney. OAR Clerk 1� ¢-- 23-v3 Public Works Department and SJAL = Elk Z•1W0rM"ffidimmt 1536OMftkstm Sub AZ -02-033 PP -02-033 CUP-02-04UNEWda.doc FMINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ -02-o33) PAGE 26 OF 26 • March 10, 2006 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Benchmark Construction i AZ 05-043 ITEM NO. 5-C REQUEST Revised Findings for Approval — Request for Annexation and Zoning of 11.7 acres form RUT to R-4 and R-2 zones for Sunstone Subdivision — 1155 and 1123 North Black Cat 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 Revised Findings ale OTHER: Contacted: Date: f ( Phone:,37 -;Z�";ty Emailed: Materials presented at public meetings shall b6corne propwty of the City of Meridian. • Me -KEW To: Mayor and City Council From: Josh Wilson, Associate City Planner CC: Date: March 9, 2006 Re: Sond Subdivision (FP -06-008) RECEIVED MNA � 5 2000 Cita' Of Meridian City Clerk Office It has come to the attention of staff that the annexation ordinance for Sunstone Subdivision (being final platted as Sond Subdivision) was approved with the applicant's original request of R-4 and did not reflect the split zoning of R -2/R-4 approved by City Council. Staff has prepared revised findings and annexation ordnance to reflect the correct zoning, and the items have been added to the March 14, 2006 City Council agenda. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER As Amended March 14, 2006 01r „ im;.. r` In the Matter of a Request for Annexation and Zoning of 11.70 acres from RUT to R-4, Preliminary plat of 23 building lots and 3 other lots on 11.70 acres in a proposed R-4 zone, and a Variance from the 450 -foot maximum cul-de-sac length by Benchmark Construction. Case No(s). AZ -05-043, PP -05-045, VAR -05-019 For the City Council Hearing Date of: December 13, 2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 1 of 4 0 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. 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 December 13, 2005 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 March 21, 2005 is/are hereby conditionally approved; and, 2. The applicant is hereby granted a variance to MCC 12-4-2-F for a cul-de-sac length of approximately 630 feet. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 13, 2005 incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 2 of 4 final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above 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 December 13, 2005 Byaction of the City Council at its regular meeting held on the day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED _6,k COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED_#°w COUNCIL MEMBER KEITH BIRD VOTED_ _#� TIE BREAKER o_ MAYOR TAMMY de WEERD VOTED MAYO ERD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 3 of 4 • 0 ATTEST: a r m LLIAM G. BERG, JR., VLERK�,� �;k %U 'Bjsaraa o� Qsaeoe®e����. Copy served upon: ✓ Applicant Planning Department ublic Works Department ✓ City Attorney B Dated: y Clerk's Office 3-a3 -0(.P CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019— PAGE 4 of 4 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HE&G DATE OF 12/13/2005 STAFF REPORT Hearing Date: 12/13/2005 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner City of Meridian Planning Department 208-884-5533 SUBJECT: Sunstone Subdivision • AZ -05-043 Annexation and Zoning of 11.70 acres from RUT to R4 • PP -05-045 Preliminary plat of 23 building lots and 3 other lots on 11.70 acres in a proposed R-4 zone • VAR -05-019 Variance for Cul-de-sac length to exceed to maximum length of 450 feet to the proposed 630 feet 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Benchmark Construction, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of 23 building lots and 3 common/other lots on 11.70 acres. The site is located west of N. Black Cat Road, and south of Cherry Lane. This site is currently rural residential with two single family residences and accessory buildings. The applicant has also requested a Variance for a cul-de-sac length of 630 feet to exceed the 450 -foot maximum set forth in MCC 12-4-2-F. The site has not been previously platted. The application was received and certified complete prior to September 15, 2005 and is entitled to consideration under Titles 11 and 12 of Meridian Citv Code. and is not reauired to meet the adopted Unified Development Code. 2. SUMI IARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on November 3, 2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Clayn Sonderegger, applicant; Jason Densmer, applicant's representative; David Bowman ii. In opposition: Kathy Ferrera, Ton Knoll, John Hansen, Paul Sharatt, Scoot Frederickson iii. Commenting: Christy Campbell, Tom Campbell iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: Brad Hawkins -Clark b. Key Issues of Discussion by Commission: i. Compatibility of lot sizes and zoning with adjacent properties c. Key Commission Changes to Staff Recommendation: i. Lots 3, 4, 5, 6 and 7, Block 4 and Lots 3, 4, 5, 6,7, and 8, Block 2, shall be zoned R-2 and the remainder of the subdivision shall be zoned R-4. The applicant shall submit a revised Legal Description which reflects this change to the Planning Department at least 10 days prior to the City Council hearing. ii. Delete Condition 1.1.3 d. Outstanding Issue(s) for City Council: Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEWG DATE OF 12/13/2005 i. The Planning Department has not received the revised Legal Description which was required by the Planning and Zoning Commission in accordance with the change in zoning for the project. ii. A recommendation was not made on the Variance request by the Planning and Zoning Commission, and per Meridian City Code the City Council must either approve or deny this request. 3. PROPOSED MOTION (to be considered after the public hearing) Approve I move to approve File Numbers AZ -05-043, PP -05-045, and VAR -05-019 as presented in the staff report for the hearing date of December 13, 2005 and the preliminary plat dated March 21, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move deny File Numbers AZ -05-043, PP -05-045, and VAR -05-019 as presented in the staff report for the hearing date of December 13, 2005 and the preliminary plat dated March 21, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re -do the application to gain your recommendation for approval). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1155 and 1123 N. Black Cat Road /West of N. Black Cat Road, and south of Cherry Lane b. Owner: 1155 N. Black Cat Road.: Bob and Gail Burt 1123 N. Black Cat Road: Clayn and Laura Sonderegger c. Applicant: Benchmark Construction 2101 Delta Drive Nampa, ID 83687 d. Representative: Jason Densmer, Roylance and Associates e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for annexation and zoning of the subject 11.70 acres to R-4 and preliminary plat approval of 23 buildable lots. The applicant is proposing 23 detached single-family lots. A gross density of 1.97 dwelling units per acre is proposed, with an average lot size of 17,245 square feet. Access to the development is proposed from Black Cat Road to the east. 1. Date of preliminary plat (attached as Exhibit Al): March 21, 2005 2. Date of landscape plan (attached as Exhibit A2): August 12, 2005 h. Applicant's Statement/Justification (from the submittal material): 5. PROCESS FACTS Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HAG DATE OF 12/13/2005 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 16, 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 12 Chapter 3, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 17 and 31, 2005 d. Radius notices mailed to properties within 300 feet on: October 14, 2005 e. Applicant posted notice on site by: October 24, 2005 6. LAND USE a. Existing Land Use(s): Two rural residences and vacant agricultural land b. Description of Character of Surrounding Area: Agricultural land and rural residences to the north, south and west; existing residential subdivision in the R-4 zone to the east. c. Adjacent Land Use and Zoning 1. North: Rural residence, zoned R-2. 2. East: Castlebrook Subdivision, zoned R4. 3. South: Vacant land and rural residences, zoned RUT (Ada County) 4. West: Vacant land and rural residences, zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works: (Michael Cole, Development Services Coordinator) Location of sewer: Mains are in Black Cat Road Location of water: Mains in Black Cat Road Issues or concerns: The sewer flows to the yet to be operational lift station. The completion date is expected to be early in 2006. 2. Vegetation: Existing mature trees around existing residences 3. Flood plain: NA 4. Canals/Ditches Irrigation: None on property. 5. Hazards: None on property. 6. Proposed Zoning: R-4 7. Size of Property: 11.70 acres 8. Description of Use: Single -Family Residential f. Subdivision Plat Information 1. Residential Lots: 23 2. Non-residential Lots: N/A 3. Total Building Lots: 23 Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 4. Common Lots: 3 5. Other Lots: N/A 6. Total Lots: 26 7. Open Lots: 3 8. Residential Area: 11.70 acres 9. Gross Density: 1.97 units per acre g. Landscaping 1. Width of street buffer(s): 25 feet required on Black Cat Road 2. Width of buffer(s) between land uses: None required; the subdivision is surrounded by lands designated for, or developed as, single family residential. 3. Percentage of site as open space (PP and PD applications): 5.1 % h. Proposed and Required Residential Standards: per the R4 zone i. Summary of Proposed Streets and/or Access: All internal streets are proposed as public. All sidewalks on W. Grey Towers Street are four feet wide and are detached to the curb. The applicant has proposed four -foot attached sidewalks on the two stub streets provided, however Meridian City Code requires that attached sidewalks be five feet in width. For detailed Conditions of Approval on the public streets and access points to public streets, please see the attached Exhibit B. 7. COMMENTS MEETING On October 14, 2005 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 Staff finds that the proposed zoning designation. R-4 is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map which designates the land to be Low Density Residential. There is a maximum density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of Sunstone Subdivision is 1.97 dwelling units per acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HANG DATE OF 12/13/2005 • 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 (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of 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. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The applicant is proposing a single-family development. The existing residential properties to the east are compatible with the proposed development. • 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 (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Low Density Residential on the Future Land Use Map. The applicant has proposed a density consistent with the requested R-4 zone (1.97 dA/acre), and staff is supportive of the lot sizes proposed. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The applicant is proposing to extend stub streets to the west, south, and north to provide access to the adjacent properties. The applicant is also connecting to Black Cat Road at the eastern boundary of the project. City staff and ACHD are supportive of the connectivity plan for this area (see ACHD comments and conditions for details). • Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13) See bullet above. • Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. (Chapter VII, Goal I, Objective D, Action 8) The applicant has proposed a development with very large lots (one-half acre) on the interior of the subdivision and some slightly smaller lots (one-third acre) adjacent to Black Cat Road and the two stubs streets. Stafffeels that these lot sizes provide appropriate transitional densities from the adjacent rural residential properties along El Gato Lane to the southwest. Staff does anticipate that the properties to the north, west, and south will eventually be developed at densities similar to those proposed by the applicant. Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNIN&PARTMENT STAFF REPORT FOR THE HE&G DATE OF 12/13/2005 • Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter IV Goal II, Objective A) All urban services can be made available to this site. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single family detached homes as permitted use in the R-4 zoning district. b. Purpose Statement of Zone: R4 Low Density Residential District: Only single-family dwellings, public schools, and public and private parks shall be permitted and no conditional uses shall be permitted except for planned developments. The purpose of the R4 district is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the comprehensive plan of the city, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R4 district allows for a maximum of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ/RZ Application: 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 subdivision. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped on May 27, 2005 by Dennis Lewis, 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. 2. PP Application: Open Space: The applicant has stated that the subdivision contains 5.1% of landscaped open space, meeting the 5% minimum required by Meridian City Code. The majority of this landscaping is passive in nature and provided in the proposed parkways between the detached sidewalks and the street in the subdivision. The Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HUNG DATE OF 12/13/2005 applicant has not proposed any large landscaped common lots for active use by the residents, and none are required by code. Width of Sidewalks: All sidewalks on W. Grey Towers Street are proposed to be four feet wide and are detached from the curb. The applicant has also shown four -foot wide attached sidewalks on the two stub streets provided; however, Meridian City Code requires that attached sidewalks be five feet in width. The applicant shall increase the width of all attached sidewalks in the development to five feet and submit revised plans with the application for final plat. Street Width: Per the ACRD report, the applicant has proposed 33 foot street sections from back -of -curb to back -of -curb. The Meridian Fire Department requires a 33 foot street section from face -of -curb to face -of -curb for parking on both sides of the street. The applicant shall increase the roadway section to meet Meridian Fire Department requirements for parking on both sides of the street. b. Staff Recommendation: Staff recommends approval of AZ -05-043, PP -05-045, and VAR -05- 019 for Sunstone Subdivision, 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. 11. EDITS A. Drawings 1. Preliminary Plat (dated: March 21, 2005) 2. Landscape Plan (dated: August 12, 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 Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNIN&PARTMENT STAFF REPORT FOR THE HElWG DATE OF 12/13/2005 A. Drawings 1. Preliminary Plat (dated: March 21, 2005) I C.A$TLEHAQOK � CA3TLEBA6pK HUHL�NI;iIOhI 8i18D1Vc9ICN +f suN3TONE Su olvMOM PR61.1A+1MARY PLAT APID ASSOCIATES 191 N Stnta 81rse1 5Wn E & I Lowl (2g Eaya HoRp 61518 (4&B,' PA Exhibit A l CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HF&G DATE OF 12/13/2005 3. Landscape Plan (dated: August 12, 2005) Exhibit A m Fn SUNSTONE SUBDIVISION 11!1l PRELIMINARY PLAT LANDSCAPE: PAN Meridian, Idaho !-N` I N nl y ins PAW X1w lBI) _eZ CIJJ C6 .11 m Fn SUNSTONE SUBDIVISION 11!1l PRELIMINARY PLAT LANDSCAPE: PAN Meridian, Idaho !-N` I N m Fn SUNSTONE SUBDIVISION 11!1l PRELIMINARY PLAT LANDSCAPE: PAN Meridian, Idaho CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 �- - 2-:,t � qrA I1N -� a oW _ g�U C i i 7 � 4 AY A m t m 2 O di 11 ��iQI 11'i� SUNSTONE SUBDIVISION PRELIMINARY PLAT LANDSCAPE PLAN Caldwell, Idaho Exhibit A 3 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as Sheet P-1.0 prepared by Roylance and Associates, dated March 21, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -05-043) application shall also be considered conditions of the Preliminary Plat (PP -05-045). 1.1.2 The applicant shall increase the width of all attached sidewalks in the development to 5 feet and submit revised plans with the application for final plat. 1.1.3 The appheant sha14 iner-ease the roadway see4ea to meet Mefidian Fire Depaftmeat f-eq&effiefits fer- paFking en beth sides of t—he SAW -e -e -A. The Mewidian Fire PepaAmeFA requires a 33 feet s fi* paddag on beth sides of the stfeet. 1.1.4 There shall be no parking on the cul-de-sac at the terminus of W. Grey Towers Street. The applicant shall coordinate with the Meridian Fire Department on proper signage to denote the no parking restriction. 1.1.5 No direct lot access to Black Cat Road will be allowed. 1.1.6 Any structures which do not comply with Meridian City Code must be removed prior to signature by the City Engineer on the Final Plat for the property. This includes, but is not limited to, the existing homes and outbuildings on the property. 1.1.7 The applicant shall provide stub streets to the west, north, and south as shown on the preliminary plat and per the ACHD Conditions of Approval. 1.1.8 Maintenance of all common areas shall be the responsibility of the Sunstone Homeowners' Association. 1.1.9 Lots 3 4 5, 6 and 7, Block 4 and Lots 3, 4, 5, 6,7, and 8. Block 2, shall be zoned R-2 and the remainder of the subdivision shall be zoned R4. The applicant shall submit a revised Legal Description which reflects this change to the Planning Department at least 10 days prior to the City Council hearing. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 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 MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 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 Exhibit B CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEONG DATE OF 12/13/2005 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 MCC 12-13-8 and MCC 9-1-28. 1.2.4 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 MCC 12-4-10. 1.2.5 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. 1.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Settlers 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. 1.2.7 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. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2. Public Works Department 2.1 The applicant is proposing sewer to this site via extensions of mains in Black Cat Road. The main in Black Cat road flows to the new Black Cat lift station, which will not be operational till approximately January of 2006. Public Works approval of this development is conditional on the Black Cat lift station being operational and does not guarantee sewer service in the timelines outlined in Meridian City Code. 2.2 The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in Black Cat Road. The applicant shall install mains to and through this proposed development, coordinate main size and routing with the Public Works Department. Applicant shall execute standard forms of easements for any mains that are required to provide service. 2.4 The applicant has indicated that the pressurized irrigation system is to be owned and maintained as a private system. Therefore, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. Exhibit B 2 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE ANG DATE OF 12/13/2005 2.5 The preliminary plat does not show where the pressurized irrigation pump station is to be located. The pump station shall be located in a common lot that does not encroach into required landscape buffers. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. 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 The applicant shall be responsible for the actual hookup and payment of assessments to municipal services for any existing dwellings that will be retained on this site. 2.8 Additional easements shall be dedicated along right-of-ways, sufficient in width to provide a 10 - foot free and clear easement. This is necessary due to the sidewalks not being located entirely within the right-of-way. 2.9 Vacate the existing ingress/egress easement depicted on the plat. If City of Meridian sanitary sewer or water lines need to be located out of the right-of-way, easements shall be recorded using the City's standard forms of easement. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 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. 2.12 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. 2.13 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. 2.14 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. 2.15 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. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.19 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.20 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. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of Exhibit B CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE ANG DATE OF 12/13/2005 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. 2.22 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 3.1.1 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. Residences over 3600 square feet will require a fire - flow of 1500 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 3.1.2 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. 3.1.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41/2" 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 spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.1.4 The proposed 234ot subdivision with an estimated 2.9 residents per household would have a total estimated population of 67 residents at build out. 3.1.5 The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3.1.6 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.1.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.1.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). Exhibit B 4 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1.1 The Police Department has no concerns related to this application. 5. Parks Department 5.1.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.1.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 6. Sanitary Service Company 6.1.1 SSC has no comments related to this application. 7. Ada County Highway District A. Site Specific Conditions of Approval Dedicate 48 -feet of right-of-way from the centerline of Black Cat Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Construct West Grey Towers Street to intersect Black Cat Road approximately 130 -feet north of the south property line to align with West Grey Towers Street, as proposed. Construct the internal streets as 33 -foot street sections with rolled curb, gutter and a 5 -foot attached concrete sidewalk, as proposed. Submit a letter from the Meridian Fire Department reviewing and approving the reduced street section. 4. Construct a stub street to the south property line approximately 345 -feet west of Black Cat Road, as proposed. Construct a temporary turnaround at the terminus of the roadway. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct a stub street to the west property line approximately 229 -feet north of the south property line with a permanent cul-de-sac turnaround at the terminus of the roadway, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a stub street to the north property line approximately 215 -feet west of Black Cat Road, as proposed. Construct a temporary turnaround at the terminus of the roadway. Install a sign at Exhibit B 5 CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct a cul-de-sac turnaround with a center island at the terminus of West Grey Towers Street. Construct the turnaround to provide a minimum turning radius of 45 -feet. Construct the center island a minimum of 4 -feet wide to total a minimum of a 100 -square foot area and provide a minimum of a 29 -foot street section on either side of the island. 8. 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. Utilize an existing 20 -foot wide driveway that intersects Black Cat Road approximately 50 -feet south of the north property line until the property should redevelop or remodel, as proposed. 10. Other than the access points that have specifically been approved with this application, direct lot access to Black Cat Road is prohibited. A note will be required on the final plat stating this access restriction. 11. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. 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. 5. 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. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. 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. 8. 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. Exhibit B 6 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE ANG DATE OF 12/13/2005 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. 10. 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. 11. 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 7 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 C. Legal Description •�9Y1Mrs { Assoc latu 401-938-'893 T-MNO. 303116 P._216 ROylance & AswO ..rtes P.A. • s t '. f.endpftne 391 W. SmoteSUM sate f� bW. MM 8 16 Te�pinatteice)9st9 Z82a r� c2a}81939 2� December 13.2005 Project No. 2624 Legul DeScngtion Sunstone Entetpris" R-2 Zone 638 Acres A = of Isna deSned ha Wn for mom P�� said � ,*,0 , in the Nonh= One QWW Township 3 Noah, Rmge 1 West, Bois. MaidWh Ada Conmty, Idaho. destrilted = faIlows of Scilion 9, Commencing at bass cV 030nwararing the Noah One Quaint Comer of Sa dm 10, thcitce following The nonherly lune of said Section 10 North 89°36'18" Wast a dismnce of 2U.SZ4 the feet m a � tag tnotuuaenting NoNhwe Comer 4said Section 10, rite No est Casser Of Section 9, and on the centreline of Non h Slack Cat Road; Thence leaving seed northedy Me of sated Section 10 and following said cenWine. sad the easterly line of said Section 9 SoW h 00W OUB West a distance of 1799.82 feet to a psi: Thence leaving said e+ttiWIM and send easterly Itne ro South 90°OOrsO� west a dislanice of 547.21 feet tete POINT OF SEOINN1NO; Intuits South 904Op'O0° West a d>s, of 521.58 fen to a paint; Thrace Noish OO°00W Fast a diame of 477.89 feen to s point; raft South 89°51'S7" East a distaste Of 686.49 feet to a poiM TbOm Smith 00°03'57^ Em a disruice of 226.37 fact to a point an the proposers centerline of Wr u Grey Towers Ww, , Thence f*11*v ng said purposed c'mut ne &" 89°5603" W*91 a clis mm of 165.45 feet to a point Thence laving said propLVW cenrerline Saab 00 3'57" Eat a disrmce of 249.72 f=1 to the PoWr OF SEG1NNING. The abOve-described etas of lead conmins 6.58 marcs, more or nem. subject to 010 emsnng memo and tigha- of way. Psepated 13y- ROYIaNCE & ASSOCIATES, P.A. � 391 W. STATE STRW, SUjTe E E IDAHOp 83616 209-9398-939-28?r4 �B► 597' 208-939-3855 (FAX) ,e it OF 12 -7-3. v %�`t4r61�enr6marl`L2b?4v�gminucy,131R•«legd.�ks �![+�p,N �p��G eac�O�vs ITEC 13 '05 16:27 Exhibit C CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE H*NG DATE OF 12/13/2005 `- - . -- ::w+anco 6 Assaciatas r p1 m r o Ao ,i "' d mz DEC 13 '05 15:27 aoe sa^ less r-63:'°- 3031�s P_�316 r. Q N w 7—TQM 7;17 Exhibit C 2 CITY OF MERIDIAN PLANNI)SEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 aYla�neo & Associates 208-00 -1855 T -u3 o 3031J5 Roylance & Asso'Llates P.A. ..sigine as o S, ori : 1a,ner, 391 W - State Wet Smote F, Eagta, =6 8 1r, Tete h0M (?.68jMW4 Fan (2a8j �i9 2855 December 13, 2005 Project No. 3624 Legal Description Sunstone Entoquises R-4 Zone 5.12 Ae ms A tram of land defined heron for X== purpaW',:6 ,aid tart siWUW In dee Nonheasr One Q=tr of Se edon 9. Township 3 Nwth, Range 1 West, Boise Metidtan, Ada County. Idaho, dexrn'bed a, follows: C01nm9tcang 41 Mass cap mora t wft rhe Nonh One Quarter Cotner of Sectiastt 10, dwm following the nosthedy line of sand Section 10 Noah 89°36'18" West a lista m of264S.04 feet to a brass tap monurne dng rhe Northwaxt Comer of said Section 10 dW Noaba w Comer of Sm-wn 9. and on the Centerlim of Noah Black Cat Road: Thi leave S"dnoMw* hne of sad Section 10 and Wowing s-dd caterlme and theftstedy line of acid Stenon 9 South 00°0000" West a d'aatnre of 1324.43 feet to the POINT OF BEGINNING; III= following said canerlane oto sand easterly hne South a poinr, p0"piyW West diMma of 475-399 fete to Thence laving said eenttrhm and,atd rasred pviat y one south 90,p,0Q 0a WeR a di,taztce of 547.21 feet to a Theme Noah W*03'Sr West a distance of 249.72 feet to a paint on the proposed cenwrUne of West Gray Towa:rs Driva; Theace following S"PoPosedcent"hoe Noah 89°5 M" East a distance of 165.43 feet to a prnrw Tat oce leaving said ptopo�sed ceararlm Noah 00'03'5%" Wes[ x distance of 2X37 feet to a polafi Thenct Somb 89°511" lira dMace of 382 31 fen W the POINT OFBEGQ4WO. The abovade� um of land coamns 5.12 acres, name or less, subject to all aisnng ea,emems :and rights-or-wuy- Prepared By: ROYLANCE & ASSOCIATES. P.A. 391 W. STATE STREET, SUITE E EAGLE. IDAHO 83616 208-9394824 208-939-2855 (FAX) By AFF x , »Iernclyr,ttl QtLU xsrMt48AWA-4 i. VMw DEC 13 '05 16:27 Exhibit C PCd-UZ CAA CITY OF MERIDIAN PLANNI*EPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 1 a W zWoo W 2 41 Z 3 C.3 v tgn r o "p I s c5 go N ng:ft7 Von. 9 O N fa V12 � IC3 a a DEC I DEC 13 '05 16:28 i Associates zoe-v less r -es 0 D31Qy cl o (NON W)" 'N vi W to �mm 0f. Uri 0 E&"" z o, Q 3rn� Quo W (A � 4 ¢ N J Exhibit C t} CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 Roylance & Associates, P.A. Frigi • Surveyors • Landptanners 391 W- Sh to Street, Sur¢ E. Eagla, x&3616 Telephone (208) 939.2824 Fax ps) 939-2855 May 27, 2005 Project Number. 2624 Legal Description Sunstone Enterprises LLC Annexation Area 11.70 Acres A tract of land situated in the Northeast One Quarter of Section 9, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, described as follows.. Commencing at brass cap monumenting the North One Quarter CM= of Section 10, thence following the northerly line of said Section 10 North 89036'18" West a distance of 2645.04 feet to a braes cap monumrenting the Northwest Comer of said Section 10 and the Northeast Conner of Section 9 and on the centerline of North Black Cat Road; Thence leaving said northerly line of said Section 10 and fol lowing said centerline and the easterly line of said Section 9 South 00'00'00" West a distance of 1324.43 feet to the POINT OF BEGINNING; Thence following said centerline and said easterly line. South 00°0000" West a distance of 475.39 feet to a point; Thence leaving said centerline and said easterly line, North 90000'00" West a distance of 1,068.79 feet to a point; Thence North 00°00'00" East a distance of 477.89 feet to a point; Thence South 89051'57" East a distance of 1,068.80 feet to tho POINT OF BEGWNWG. The above-described tract of land contains 11.70 acres, more or less, subject to all existing easements and rights-of-way. Prepared By: ROYLANCE & ASSOCIATES, P.A. 391 W. STATE STREET. SUITE E EAGLE, IDAHO 83616 (208) 939-2824 (208) 939-2855 FAX ate+✓�®�—� sv Mi05 AUG it 'woes c X:U'mrrsLsUiznthur.sr:.:L'G?Ji.\�Crnin3rgal�W nner REVL WAD t95 -- 2'7 — 05 Dr-ct'Vto �e�e. ilt�. OLP-19-0 Exhibit C 5 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 t-gOa zW i`aiz oA tA� aplN �� Z co 3 ( z � O � IL o, M O a - mm y 10 8 a CL N ,VL �SLi �.OV,vN•uY -LVO Nov -18 ,+I w°pRO L- er 20, ta�ouv+ W� m� c) m O Z WO O Z -W N W r a � 50 — a U = z WCO Q Z IMO ir NN A r m V � UI N J 6B'LL3 3000.00.00N �cd �,a OQ. I{9� W w m i - U a44 061— ort O'r a wRV Uyr: g Uo >69" (r Aa U J J w Q 0)w a< EC W Z Z O W 0 Z c Z co Exhibit C 6 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEWG DATE OF 12/13/2005 D. Required Findings from Zoning Ordinance 1. Annexation and Zoning Findings: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: The following is the list of standards found in 11-I5-11 and analysis by staff.- A. taff A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; See Comprehensive Plans and Policies as listed in staff report item #8 above. City Council supports the zoning and finds the proposal in general accord with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that detached single-family residential uses are allowed within the zoning district of R-2 and R-4. The applicant will be required to meet all dimensional standards of the R- 2 and R-4 zones and comply with Meridian City Code. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that the properties in the general vicinity of the property in question have been approved for development similar to the proposed subdivision, with single-family residences. Staff finds that the area is changing and this site is eligible for annexation and zoning. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City Council finds that the zoning and proposed density meets the anticipated range for a low density urban project. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which states that "common space shall equal or exceed five percent of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of five acres or more." ME CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 City Council does not find that the proposed zoning/uses will adversely change the essential character of area. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On October 14, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. Will the proposed uses 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; City Council finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. D-2 CITY OF MERIDIAN PLANNIIGEPARTMENT STAFF REPORT FOR THE HEONG DATE OF 12/13/2005 J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ACHD is supportive of the proposed streets. If is designed and constructed as approved by the ACHD and the City, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. IC. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Staff finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? 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. Subdivisions of low density have already been approved for development to the east and this is a logical expansion of the City limits. In accordance with the findings listed above, the City Council finds that annexation and zoningof property would be in the best interest of the City. 2. Preliminary Plat Findings: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Findings Item A above. B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Findings Items G and H above. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Please see Annexation and Zoning finings above. D-3 CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HANG DATE OF 12/13/2005 3. Variance Findings: According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCC 11-18-3), all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; The subject property is long and narrow in configuration and has been required, as part of the ACRD approval process, to provide three stub streets to adjacent properties. The resultant configuration creates a temporary dead end which is approximately 630 feet in length. Upon development of the property to the west, this street would be continued for access to adjacent properties, providing connectivity between developments that the City desires. The applicant has provided three stub streets to the properties to the north, south and west. City Council finds that requiring additional stubs and/or connections would not be reasonable or practical. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; As noted above, City Council finds that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners, or the applicant. Based on the nature and location of stub streets within the adjacent development, City Council finds that strict compliance to the MCC 12-4-2-F would be unreasonable and would not result in inhibiting the objectives of the MCC. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; City Council finds that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." Staff finds that the issuance of the variance to the maximum cul-de-sac length within the proposed Sunstone Subdivision does not have the effect of altering the purpose and interest of the Zoning Ordinance. The proposed subdivision increases interconnectivity (by providing three stub streets) and reduces traffic conflicts that could occur from additional connections to Black Cat Road. D-4 0 March 10, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Benchmark Construction March 14, 2006 r� L PP 05-045 ITEM NO. 5-D REQUEST Revised Findings for Approval — Request for Preliminary Plat approval of 23 single-family residential building lots and 3 common area lots on 11.17 acres in a proposed R-4 and R-2 zone for Sunstone Subdivision — 1155 & 1123 N. Black Cat Rd AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Revised Findings (We UPLI", Materials presented at public meetings t Phone: 3ff Initials• prop6rty of the City of Meridian. C� Memo To: Mayor and City Council From: Josh Wilson, Associate City Planner CC: Date: March 9, 2006 Re: Sond Subdivision (FP -06-008) • City Of Xle idia , City Clerk Office It has come to the attention of staff that the annexation ordinance for Sunstone Subdivision (being final platted as Sond Subdivision) was approved with the applicant's original request of R-4 and did not reflect the split zoning of R -2/R-4 approved by City Council. Staff has prepared revised findings and annexation ordnance to reflect the correct zoning, and the items have been added to the March 14, 2006 City Council agenda. n LJ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER As Amended March 14, 2006 LJ P R IDAHO 1� 41 RN In the Matter of a Request for Annexation and Zoning of 11.70 acres from RUT to R4, Preliminary plat of 23 building lots and 3 other lots on 11.70 acres in a proposed R-4 zone, and a Variance from the 450 -foot maximum cul-de-sac length by Benchmark Construction. Case No(s). AZ -05-043, PP -05-045, VAR -05-019 For the City Council Hearing Date of: December 13, 2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 1 of 4 • 0 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. 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 December 13, 2005 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 March 21, 2005 is/are hereby conditionally approved; and, 2. The applicant is hereby granted a variance to MCC 12-4-2-F for a cul-de-sac length of approximately 630 feet. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 13, 2005 incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 2 of 4 • 0 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 - 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 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 December 13, 2005 By action of the City Council at its regular meeting held on the day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED #'l – COUNCIL MEMBER JOE BORTON VOTED' COUNCIL MEMBER CHARLIE ROUNTREE VOTED09 COUNCIL MEMBER KEITH BIRD VOTED 4A'L— TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOR de WEERD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 3 of 4 • 0 ®0,,N%% ti 111111111,11®A �4 ATTEST: �`e�� ��Q�yy�® E� �oPi r Arl WILLIAM G. BERG, JR. CL` € • �$�`� `°tPasasassaa as���a°°a��� Copy served upon: ✓ Applicant Planning Department Public Works Department - City Attorney By: A-X�AULA-) City Clerk's Office Dated: 3 -.23 -OLA CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019— PAGE 4 of 4 CITY OF MERIDIAN PLANNINGEPARTMENT STAFF REPORT FOR THE HAG DATE OF 12/13/2005 STAFF REPORT Hearing Date: 12/13/2005 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner City of Meridian Planning Department 208-884-5533 SUBJECT: Sunstone Subdivision • AZ -05-043 Annexation and Zoning of 11.70 acres from RUT to R-4 • PP -05-045 Preliminary plat of 23 building lots and 3 other lots on 11.70 acres in a proposed R-4 zone • VAR -05-019 Variance for Cul-de-sac length to exceed to maximum length of 450 feet to the proposed 630 feet 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Benchmark Construction, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of 23 building lots and 3 common/other lots on 11.70 acres. The site is located west of N. Black Cat Road, and south of Cherry Lane. This site is currently rural residential with two single family residences and accessory buildings. The applicant has also requested a Variance for a cul-de-sac length of 630 feet to exceed the 450 -foot maximum set forth in MCC 12-4-2-F. The site has not been previously platted. The application was received and certified complete prior to September 15. 2005 and is entitled to consideration under Titles 11 and 12 of Meridian Citv Code. and is not reauired to meet the adopted Unified Development Code. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on November 3, 2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Clayn Sonderegger, applicant; Jason Densmer, applicant's representative; David Bowman ii. In opposition: Kathy Ferrera, Ton Knoll, John Hansen, Paul Sharatt, Scoot Frederickson iii. Commenting: Christy Campbell, Tom Campbell iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: Brad Hawkins -Clark b. Key Issues of Discussion by Commission: i. Compatibility of lot sizes and zoning with adjacent properties c. Key Commission Changes to Staff Recommendation: i. Lots 3, 4, 5, 6 and 7, Block 4 and Lots 3, 4, 5, 6,7, and 8, Block 2, shall be zoned R-2 and the remainder of the subdivision shall be zoned R-4. The applicant shall submit a revised Legal Description which reflects this change to the Planning Department at least 10 days prior to the City Council hearing. ii. Delete Condition 1.1.3 d. Outstanding Issue(s) for City Council: Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HEWG DATE OF 12/13/2005 i. The Planning Department has not received the revised Legal Description which was required by the Planning and Zoning Commission in accordance with the change in zoning for the project. ii. A recommendation was not made on the Variance request by the Planning and Zoning Commission, and per Meridian City Code the City Council must either approve or deny this request. 3. PROPOSED MOTION (to be considered after the public hearing) Approve I move to approve File Numbers AZ -05-043, PP -05-045, and VAR -05-019 as presented in the staff report for the hearing date of December 13, 2005 and the preliminary plat dated March 21, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move deny File Numbers AZ -05-043, PP -05-045, and VAR -05-019 as presented in the staff report for the hearing date of December 13, 2005 and the preliminary plat dated March 21, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re -do the application to gain your recommendation for approval). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1155 and 1123 N. Black Cat Road /West of N. Black Cat Road, and south of Cherry Lane b. Owner: 1155 N. Black Cat Road.: Bob and Gail Burt 1123 N. Black Cat Road: Clayn and Laura Sonderegger c. Applicant: Benchmark Construction 2101 Delta Drive Nampa, ID 83687 d. Representative: Jason Densmer, Roylance and Associates e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for annexation and zoning of the subject 11.70 acres to R-4 and preliminary plat approval of 23 buildable lots. The applicant is proposing 23 detached single-family lots. A gross density of 1.97 dwelling units per acre is proposed, with an average lot size of 17,245 square feet. Access to the development is proposed from Black Cat Road to the east. 1. Date of preliminary plat (attached as Exhibit Al): March 21, 2005 2. Date of landscape plan (attached as Exhibit A2): August 12, 2005 h. Applicant's Statement/Justification (from the submittal material): 5. PROCESS FACTS Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNIN&PARTMENT STAFF REPORT FOR THE HE&G DATE OF 12/13/2005 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 16, 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 12 Chapter 3, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 17 and 31, 2005 d. Radius notices mailed to properties within 300 feet on: October 14, 2005 e. Applicant posted notice on site by: October 24, 2005 6. LAND USE a. Existing Land Use(s): Two rural residences and vacant agricultural land b. Description of Character of Surrounding Area: Agricultural land and rural residences to the north, south and west; existing residential subdivision in the R-4 zone to the east. c. Adjacent Land Use and Zoning 1. North: Rural residence, zoned R-2. 2. East: Castlebrook Subdivision, zoned R-4. 3. South: Vacant land and rural residences, zoned RUT (Ada County) 4. West: Vacant land and rural residences, zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works: (Michael Cole, Development Services Coordinator) Location of sewer: Mains are in Black Cat Road Location of water: Mains in Black Cat Road Issues or concerns: The sewer flows to the yet to be operational lift station. The completion date is expected to be early in 2006. 2. Vegetation: Existing mature trees around existing residences 3. Flood plain: NA 4. Canals/Ditches Irrigation: None on property. 5. Hazards: None on property. 6. Proposed Zoning: R-4 7. Size of Property: 11.70 acres 8. Description of Use: Single -Family Residential f. Subdivision Plat Information 1. Residential Lots: 23 2. Non-residential Lots: N/A 3. Total Building Lots: 23 Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNIIGEPARTMENT STAFF REPORT FOR THE HAG DATE OF 12/13/2005 4. Common Lots: 3 5. Other Lots: N/A 6. Total Lots: 26 7. Open Lots: 3 8. Residential Area: 11.70 acres 9. Gross Density: 1.97 units per acre g. Landscaping 1. Width of street buffer(s): 25 feet required on Black Cat Road 2. Width of buffer(s) between land uses: None required; the subdivision is surrounded by lands designated for, or developed as, single family residential. 3. Percentage of site as open space (PP and PD applications): 5.1 % h. Proposed and Required Residential Standards: per the R4 zone i. Summary of Proposed Streets and/or Access: All internal streets are proposed as public. All sidewalks on W. Grey Towers Street are four feet wide and are detached to the curb. The applicant has proposed four -foot attached sidewalks on the two stub streets provided, however Meridian City Code requires that attached sidewalks be five feet in width. For detailed Conditions of Approval on the public streets and access points to public streets, please see the attached Exhibit B. 7. COMMENTS MEETING On October 14, 2005 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 Staff finds that the proposed zoning designation, R-4, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Low Density Residential. There is a maximum density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of Sunstone Subdivision is 1.97 dwelling units per acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- * Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE ANG DATE OF 12/13/2005 • 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 (AChD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of 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. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The applicant is proposing a single-family development. The existing residential properties to the east are compatible with the proposed development. • 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 (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Low -Density Residential on the Future Land Use Map. The applicant has proposed a density consistent with the requested R-4 zone (1.97 d.u./acre), and staff is supportive of the lot sizes proposed. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The applicant is proposing to extend stub streets to the west, south, and north to provide access to the adjacent properties. The applicant is also connecting to Black Cat Road at the eastern boundary of the project. City staff and AChD are supportive of the connectivity plan for this area (see ACHD comments and conditions for details). • Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13) See bullet above. • Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. (Chapter VII, Goal I, Objective D, Action 8) The applicant has proposed a development with very large lots (one-half acre) on the interior of the subdivision and some slightly smaller lots (one-third acre) adjacent to Black Cat Road and the two stubs streets. Stafffeels that these lot sizes provide appropriate transitional densities from the adjacent rural residential properties along El Gato Lane to the southwest. Staff does anticipate that the properties to the north, west, and south will eventually be developed at densities similar to those proposed by the applicant. Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNIN&PARTMENT STAFF REPORT FOR THE HE&G DATE OF 12/13/2005 • Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter IV Goal II, Objective A) All urban services can be made available to this site. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single family detached homes as permitted use in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Low Density Residential District: Only single-family dwellings, public schools, and public and private parks shall be permitted and no conditional uses shall be permitted except for planned developments. The purpose of the R-4 district is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the comprehensive plan of the city, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 district allows for a maximum of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ/RZ Application: 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 subdivision. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped on May 27, 2005 by Dennis Lewis, 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. 2. PP Application: Oren Space: The applicant has stated that the subdivision contains 5.1% of landscaped open space, meeting the 5% minimum required by Meridian City Code. The majority of this landscaping is passive in nature and provided in the proposed parkways between the detached sidewalks and the street in the subdivision. The Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HAG DATE OF 12/13/2005 applicant has not proposed any large landscaped common lots for active use by the residents, and none are required by code. Width of Sidewalks: All sidewalks on W. Grey Towers Street are proposed to be four feet wide and are detached from the curb. The applicant has also shown four -foot wide attached sidewalks on the two stub streets provided; however, Meridian City Code requires that attached sidewalks be five feet in width. The applicant shall increase the width of all attached sidewalks in the development to five feet and submit revised plans with the application for final plat. Street Width: Per the ACHD report, the applicant has proposed 33 foot street sections from back -of -curb to back -of -curb. The Meridian Fire Department requires a 33 foot street section from face -of -curb to face -of -curb for parking on both sides of the street. The applicant shall increase the roadway section to meet Meridian Fire Department requirements for parking on both sides of the street. b. Staff Recommendation: Staff recommends approval of AZ -05-043, PP -05-045, and VAR -05- 019 for Sunstone Subdivision, 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. 11. EDITS A. Drawings 1. Preliminary Plat (dated: March 21, 2005) 2. Landscape Plan (dated: August 12, 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 Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNIADEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 A. Drawings 1. Preliminary Plat (dated: March 21, 2005) t9LBC� 19[L]N CASTLGBRC X SU8OM9ION N SUN3T E SUBDIYISON PREUK41NARY PLAT ROYLe414CE AND ABSOGIATM. F C-gt--- S -'"Ya V Lm dpianners 187 il33ets 5Yxi E Epp �n ID8f6 C 8i Exhibit A 1 CITY OF MERIDIAN PLANNIN&PARTMENT STAFF REPORT FOR THE HAG DATE OF 12/13/2005 3. Landscape Plan (dated: August 12, 2005) fit Am ao �u i !¢[ NO A� r s I� pO L fit i 41, 1� aI ` y� T _1 _ja �- al c z � N el t wQ (I J fit SUNSTONE SUBDIVISION PRELIMINARY PLAT LANDSCAPE PAN 11 €E Mwidian, Idaho Exhibit A 2 i 41, 1� �- y� T SUNSTONE SUBDIVISION PRELIMINARY PLAT LANDSCAPE PAN 11 €E Mwidian, Idaho Exhibit A 2 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 It- - vt__ if, --, its as enixi ;IJ J,s' INmIll SUNSTONE SUBDIVISION PRELIMINARY PLAT LANDSCAPE PLAN qp P, iii Caldwell. Idaho Exhibit A CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HAG DATE OF 12/13/2005 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as Sheet P-1.0 prepared by Roylance and Associates, dated March 21, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -05-043) application shall also be considered conditions of the Preliminary Plat (PP -05-045). 1.1.2 The applicant shall increase the width of all attached sidewalks in the development to 5 feet and submit revised plans with the application for final plat. 1.1.3 TL, rr 1' + t, e roadway 11 ineFease the +' to e+ MeT-idiaa Fire D a-.,., ,+ mqukemeffts for- paFkiag on both sides -efthe -stmet The MeFidian FiFe DepaAa+mt mqu4es a 33 feet stFm ,®etien &em face of ettfb to f ev=vr-®cliviEir- paiking en both sides f the + + 1.1.4 There shall be no parking on the cul-de-sac at the terminus of W. Grey Towers Street. The applicant shall coordinate with the Meridian Fire Department on proper signage to denote the no parking restriction. 1.1.5 No direct lot access to Black Cat Road will be allowed. 1.1.6 Any structures which do not comply with Meridian City Code must be removed prior to signature by the City Engineer on the Final Plat for the property. This includes, but is not limited to, the existing homes and outbuildings on the property. 1.1.7 The applicant shall provide stub streets to the west, north, and south as shown on the preliminary plat and per the ACHD Conditions of Approval. 1.1.8 Maintenance of all common areas shall be the responsibility of the Sunstone Homeowners' Association. 1.1.9 Lots 3, 4, 5, 6 and 7, Block 4 and Lots 3 4 5 6 7 and 8 Block2, shall be zoned R-2 and the remainder of the subdivision shall be zoned R4The applicant shall submit a revised Legal Description which reflects this change to the Planning Department at least 10 days prior to the City Council hearing_ 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 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 MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 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 Exhibit B CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEWG DATE OF 12/13/2005 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 MCC 12-13-8 and MCC 9-1-28. 1.2.4 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 MCC 12-4-10. 1.2.5 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. 1.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Settlers 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. 1.2.7 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. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2. Public Works Department 2.1 The applicant is proposing sewer to this site via extensions of mains in Black Cat Road. The main in Black Cat road flows to the new Black Cat lift station, which will not be operational till approximately January of 2006. Public Works approval of this development is conditional on the Black Cat lift station being operational and does not guarantee sewer service in the timelines outlined in Meridian City Code. 2.2 The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in Black Cat Road. The applicant shall install mains to and through this proposed development, coordinate main size and routing with the Public Works Department. Applicant shall execute standard forms of easements for any mains that are required to provide service. 2.4 The applicant has indicated that the pressurized irrigation system is to be owned and maintained as a private system. Therefore, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. Exhibit B 2 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 2.5 The preliminary plat does not show where the pressurized irrigation pump station is to be located. The pump station shall be located in a common lot that does not encroach into required landscape buffers. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. 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 The applicant shall be responsible for the actual hookup and payment of assessments to municipal services for any existing dwellings that will be retained on this site. 2.8 Additional easements shall be dedicated along right-of-ways, sufficient in width to provide a 10 - foot free and clear easement. This is necessary due to the sidewalks not being located entirely within the right-of-way. 2.9 Vacate the existing ingress/egress easement depicted on the plat. If City of Meridian sanitary sewer or water lines need to be located out of the right-of-way, easements shall be recorded using the City's standard forms of easement. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 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. 2.12 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. 2.13 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. 2.14 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. 2.15 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. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.19 All grading of the site shall be performed in conformance with MCC 11-12-31-1. 2.20 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. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of Exhibit B 3 CITY OF MERIDIAN PLANNIIGEPARTMENT STAFF REPORT FOR THE HE&G DATE OF 12/13/2005 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. 2.22 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 3.1.1 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. Residences over 3600 square feet will require a fire - flow of 1500 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 3.1.2 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. 3.1.3 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 spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.1.4 The proposed 23 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 67 residents at build out. 3.1.5 The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved tum around. 3.1.6 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.1.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.1.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). Exhibit B 4 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HE&G DATE OF 12/13/2005 a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1.1 The Police Department has no concerns related to this application. 5. Parks Department 5.1.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.1.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 6. Sanitary Service Company 6.1.1 SSC has no comments related to this application. 7. Ada County Highway District A. Site Specific Conditions of Approval Dedicate 48 -feet of right-of-way from the centerline of Black Cat Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the fmal plat for signature by the ACHD Commission. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Construct West Grey Towers Street to intersect Black Cat Road approximately 130 -feet north of the south property line to align with West Grey Towers Street, as proposed. 3. Construct the internal streets as 33 -foot street sections with rolled curb, gutter and a 5 -foot attached concrete sidewalk, as proposed. Submit a letter from the Meridian Fire Department reviewing and approving the reduced street section. 4. Construct a stub street to the south property line approximately 345 -feet west of Black Cat Road, as proposed. Construct a temporary turnaround at the terminus of the roadway. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct a stub street to the west property line approximately 229 -feet north of the south property line with a permanent cul-de-sac turnaround at the terminus of the roadway, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct a stub street to the north property line approximately 215 -feet west of Black Cat Road, as proposed. Construct a temporary turnaround at the terminus of the roadway. Install a sign at Exhibit B 5 CITY OF MERIDIAN PLANNINGEPARTMENT STAFF REPORT FOR THE HAG DATE OF 12/13/2005 the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a cul-de-sac turnaround with a center island at the terminus of West Grey Towers Street. Construct the turnaround to provide a minimum turning radius of 45 -feet. Construct the center island a minimum of 4 -feet wide to total a minimum of a 100 -square foot area and provide a minimum of a 29 -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. 9. Utilize an existing 20 -foot wide driveway that intersects Black Cat Road approximately 50 -feet south of the north property line until the property should redevelop or remodel, as proposed. 10. Other than the access points that have specifically been approved with this application, direct lot access to Black Cat Road is prohibited. A note will be required on the final plat stating this access restriction. 11. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. 4. 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. 5. 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. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. 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. 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. Exhibit B 6 CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HUNG DATE OF 12/13/2005 9. 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. 10. 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. 11. 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 7 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE ANG DATE OF 12/13/2005 C. Legal Description �• - -..• . "•."9Y�aoCB A Amo6tatu 20e -93e -'s" T-80 3U31z P- 2/6 Roylance & Assot...ates P.A. -Qmms • Surveyors • l.am4mnners 391 W. State Street, Suae l; Eagle, taam 8387s Yt>♦epttone M X2$24 Fax 2 ) 539-28 Mcember 13, 2005 Project No. 267A L42W Description Sututone Enterprism R-2 Zane 6.38 Acres A tract of land defined haWn for rim peupo K said treat SWUed m the Not ham One Qua= of Sation 9, Township 3 Nolth, RmSe 1 West, Boiso Meridian. Ada County, Idaho. dessmW ses fQMW Coram Mfr of brass CUP tOntttnenting the Notch One Questar Cortin of S=dM IQ tltcnce following the noNtarly lire of said Section 10 North S9°WIr West diumm of2645.04 fret to a buts cap mm mfr the Northwea Camey of said Section IM the Notgheast Coate of Section 9, and on the centahne of North Black Cat Road; Thence leaving said nm*aly line of said Sxdm 10 and Ulowing said cenmine acrd the easterly line of said Seniaa 9 Sotuh 00°00'00" West a distance of 1799.82 feet m a point; Thence leaving said cenurbft and said easterly Ime South 90a00W Wen a durance of 547.21 feet to tete POINT Of BEGINNING; True Somh 9000'00° West a dwimce Of 521.58 fCm to upoint; Tha= Noah 00°00'00" Eau a distmtce of 477.89 feet to a point, Thecae South 89°51'Sr hast is dis%m of 686.49 feet to a point; 71101109 South 00°03 S7" PAa a distance of 226.37 fact to a point on the proposed centerliae of Wmt Grey Towers DAvE; Mm= followsng said proposed centerhne Sour$ 89°5 Wo Wast a digarri 8 of 165-45 feet to a point Thence laving said lvPumd MATt'im Somh 00°057" Ernst a distance of 249.72 fret w the P'OIN1' OF SEG1AIAl G The above -des, ibed tract of )and contains 6.58 •rays► more or leas, subject to all existing easements and nahts- of-way. Ptd 0y_ ROYLANCE & ASSOCIATES, P,,a, 391 W. STATE STILF.f:T, SUITB E EAGI.Z IDAHO 83616 20&939-2804 208-939-2955 (AaX) X;tPro�CeslBra�t�roark126�awgl�otinN,sg,,1�iR.2legd.,tu� ������� Ca�Q;� DEC 13 105 16:27 Exhibit C r• CITY OF MERIDIAN PLANNIN&PARTMENT STAFF REPORT FOR THE HEWG DATE OF 12/13/2005 P 0 Mcmta.7 99 upm m -- DEC 13 105 16:27 10e-9;11 cess T-61�o 3031�s P_"3/6 Nl=Ad= .11f=t W 'N O d3 a tot �g N m b 0.w Www o s��3'57'E W N '`� 4.72' � h',:•• ui � o & :. x.,.13 to a oani►alU• , ` e`• � a � 3i a Exhibit C 2 �aLyoa- �e � 'ci m� Ar Z ®rte u. M o 0 P 0 Mcmta.7 99 upm m -- DEC 13 105 16:27 10e-9;11 cess T-61�o 3031�s P_"3/6 Nl=Ad= .11f=t W 'N O d3 a tot �g N m b 0.w Www o s��3'57'E W N '`� 4.72' � h',:•• ui � o & :. x.,.13 to a oani►alU• , ` e`• � a � 3i a Exhibit C 2 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 '-' %3yisnov & Associates 201-83 '655 t �No, 34_3118 P. SIE Roylance & ASsai-,dtes P.A. ..,tgitleetss • Surveyors • Can tanners 991 W State Scree; Srute E i:ala, Idaho 8�ts T"h= Wi 939-2924 Fax (21181 M2a55 Dec Mber 13.2005 Project Nu.' 1-4 legal Description Sunstote Enterprises R-4 Zone 5.12 AL= A tray of lard defined he= for rezone purposes, said acct tituared M the Northeast One Q 1 of Stiction 9, Township 3 North, Range I West. Dow man, Ada Conray, Idaho, d=RW as follows: CMM046,19 a ba" ClIP mowwndtig the Norah One Quarter Cotter of Section 10, chance following the northerly line of Sad Section 10 Noah 89°36' 18" West a disrarue Of2645-04feet M a brass cap momm=ting rhe Northwest Comer of s:dd Section 10. elle Norticast Comes Cat Road; of Secdou 9, and on the centre of Nod Black Thence leaving slid ADmwr)y he of said Section 10 and following said eenwhne and die early line of a'eitl Section 9 South 00°00'D0" West a IIJUMM of 1324.43 feet to the POINT OF BEONNING; Theme following said ceruerlute acrd seed easterly hue South 00.00w- Went a a point, distance of 475.39 feet to Thence 1a+ving slid COW= and sand easterly Iare South 90UM" West a dis<arce of 54721 feet w a point: MW= North 00.03'57^ West a disuatwe of 249.72 feet to a paint on the proposed centime of West (hey Towers Drive Mute following said proposed centerline North 89056'03" Eat a distance of 165.45 fat to a pour, Thane leaving said proposed c�y,t Nod 00°03'57' west a tfistance of 22637 feet to a porrlt; Thmu South 89°51'37" int a d=une of 382 31 feet ro the POW OF W ZNNWG, The above -&s gibed I= of land comatns 5.12 acres, ante or 1e,,. subject to all a dw g meat, WWrights-of-w:ry- Pap Bred By: ROYL4NCE & ASSOCIATES, P.A. 391 W. STATE S R WT, SUITE E EACdA IDAHO 83616 X939-28?4 208-939-2855 (FAX) x.�t=rupx�taencnmerlt?t��s�g4rnu,u..e�-�srs�t-a l..�sl.a,x DEC 13 '05 16:27 -®5 Pom MA Exhibit C 3 CITY OF MERIDIAN PLANNIIDEPARTMENT STAFF REPORT FOR THE H*NG DATE OF 12/13/2005 i Associates r�za� _g" ga®'. 3 z"va 21Uff N V M O r p�� m Q DEC: 13 '05 16:28 3031 P. 5✓ mry caI U � 001 �o mN 4( Q duo. 2fie.,y W-1 jr J J N W LY XX aW UJ a z0 ` w � x z Q 0'T a o r-sg�:o n V ® ®uj. �i CL 1: 0 i sc Exhibit C 4 CITY OF MERIDIAN PLANNIIOEPARTMENT STAFF REPORT FOR THE ANG DATE OF 12/13/2005 Roylance & Associates, P.A. Engineers . surveyors • I_andplanners 391 W. State Street, Site E, Eagle, Idaho eM% Telephoto On) 939-2824 Fax (2M) §—a May 27, 205 Project Number: 2624 Legal Description Sunstone Enterprises, LLC Annexation Area 11.70 Acres A tract of land situated in the Northeast One Quarter of Section 9, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at brass cap monumenting the North One Quarter Comer of Section 10, thence following the northerly line of said Section 10 North 89°36' 18" West a distance of 2645.04 feet to a brass cap monumenting the Northwest Corner of said Section 10 and the Northeast Corner of Section 9 and on the centerline of North Black Cat Road; Thence leaving said northerly line of said Section 10 and following said centerline and the easterly line of said Section 9 South 00°00'00" West a distance of 1324.43 feet to the POINT OF BEGINNING; Thence following said centerline and said easterly line, South 00000'00" West a distance of 475.39 feet to a point; Thence leaving said centerline and said easterly line, North 90°00'0" West a distance of 1,068.79 feet to a point; Thence North 00°00'00" Past a distance of 477.89 feet to a point; Thence South 89°51'57" East a distance of 1,068.80 feet to the POINT OF BEGINNING. The above-descn'bed pact of land contains 11.70 acres, more or less, subject to all existing casements and rights -or -way. _ Prepared By: ROYLANCE & ASSOCIATES, P.A. 391 W. STATE STRBE'C, SUITE E EAGLE, IDAHO 83616 (208)939-2824 (208) 939-2855 FAX ;def'mjrctslli_n�h�rcit6LG�J1tJrrtinUs�nlstfjnota REV I&DAv 055 -- z--7-05 t r� �<� a. v i ct✓J 11t� . OLP -12-10 Exhibit C 5 CITY OF MERIDIAN PLANNIN&PARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 pPP L" ev 7f. tt5 mf, 3 t 20 ra Exhibit C Z m a CL ig 0 Q $ N L +1 N w r raj i w m ZEiQ < o rd^ ti Ld 7I;n x 0 W Z r @ N Ivo NOVI �I J �c� 68'LLi' bb3 b Q Al c'nvU�>om N 7L 5tom O ,5Z jr8 Ste ka O J _J w Q U) w [t Q a. irZ Z O w oz Z N F. Z^ w Q Z -w +1 N w Nvajr ZEiQ a]¢N Na n T Ld 7I;n C fit �I J �c� 68'LLi' bb3 b Q Al c'nvU�>om N 7L 5tom O ,5Z jr8 Ste ka O J _J w Q U) w [t Q a. irZ Z O w oz Z N F. CITY OF MERIDIAN PLANNIISEPARTMENT STAFF REPORT FOR THE HAG DATE OF 12/13/2005 D. Required Findings from Zoning Ordinance 1. Annexation and Zoning Findings: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: The following is the list of standards found in 11-15-11 and analysis by staff.• A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; See Comprehensive Plans and Policies as listed in staff report item #8 above. City Council supports the zoning and finds the proposal in general accord with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that detached single-family residential uses are allowed within the zoning district of R-2 and R4. The applicant will be required to meet all dimensional standards of the R- 2 and R4 zones and comply with Meridian City Code. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that the properties in the general vicinity of the property in question have been approved for development similar to the proposed subdivision, with single-family residences. Staff finds that the area is changing and this site is eligible for annexation and zoning. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City Council finds that the zoning and proposed density meets the anticipated range for a low density urban project. Staff also finds that the proposed zoningluses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which states that "common space shall equal or exceed five percent of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of five acres or more." D-1 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 City Council does not find that the proposed zoning/uses will adversely change the essential character of area. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On October 14, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. Will the proposed uses 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; City Council finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. D-2 CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HAG DATE OF 12/13/2005 J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ACHD is supportive of the proposed streets. If is designed and constructed as approved by the ACHD and the City, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Staff finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? 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. Subdivisions of low density have already been approved for development to the east and this is a logical expansion of the City limits. In accordance with the findings listed above, the City Council finds that annexation and zoning of this property would be in the best interest of the City, 2. Preliminary Plat Findings: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Findings Item A above. B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Findings Items G and H above. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Please see Annexation and Zoning finings above. D-3 CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HAG DATE OF 12/13/2005 3. Variance Findings: According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCC11-18-3), all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; The subject property is long and narrow in configuration and has been required, as part of the ACHD approval process, to provide three stub streets to adjacent properties. The resultant configuration creates a temporary dead end which is approximately 630 feet in length. Upon development of the property to the west, this street would be continued for access to adjacent properties, providing connectivity between developments that the City desires. The applicant has provided three stub streets to the properties to the north, south and west. City Council finds that requiring additional stubs and/or connections would not be reasonable or practical. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; As noted above, City Council finds that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners, or the applicant. Based on the nature and location of stub streets within the adjacent development, City Council finds that strict compliance to the MCC 124-2-F would be unreasonable and would not result in inhibiting the objectives of the MCC. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; City Council finds that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." Staff finds that the issuance of the variance to the maximum cul-de-sac length within the proposed Sunstone Subdivision does not have the effect of altering the purpose and interest of the Zoning Ordinance. The proposed subdivision increases interconnectivity (by providing three stub streets) and reduces traffic conflicts that could occur from additional connections to Black Cat Road. D-4 March 10, 2006 VAR 05-019 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Benchmark Construction ITEM NO. 5-E REQUEST Revised Findings for Approval — Request for a Variance for cul-de-sac length to exceed maximum length of 450 ft to the proposed 630 feet for Sunstone Subdivision — 1155 and 1123 North Black Cat Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Revised Findings Materials presented at public meetings shall ga�7ff Initials: 04 1 , property of Phone: of Meridian. E Memo To: Mayor and City Council From: Josh Wilson, Associate City Planner CC: Date: March 9, 2006 Re: Sond Subdivision (FP -06-008) 0 MAP, 1 2006 City Of Meridian City Clerk Office It has come to the attention of staff that the annexation ordinance for Sunstone Subdivision (being final platted as Sond Subdivision) was approved with the applicant's original request of R-4 and did not reflect the split zoning of R -2/R-4 approved by City Council. Staff has prepared revised findings and annexation ordnance to reflect the correct zoning, and the items have been added to the March 14, 2006 City Council agenda. n u CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER As Amended March 14, 2006 In the Matter of a Request for Annexation and Zoning of 11.70 acres from RUT to R-4, Preliminary plat of 23 building lots and 3 other lots on 11.70 acres in a proposed R4 zone, and a Variance from the 450 -foot maximum cul-de-sac length by Benchmark Construction. Case No(s). AZ -05-043, PP -05-045, VAR -05-019 For the City Council Hearing Date of. December 13, 2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 1 of 4 0 0 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. 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 December 13, 2005 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 March 21, 2005 is/are hereby conditionally approved; and, 2. The applicant is hereby granted a variance to MCC 12-4-2-F for a cul-de-sac length of approximately 630 feet. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 13, 2005 incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 2 of 4 • 0 final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above 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 December 13, 2005 By action of the City Council at its regular meeting held on the day of /z A , 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_#GAS COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED_—� TIE BREAKER MAYOR TAMMY de WEERD ED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 3 of 4 E �906da,aaaa as aa®Bse,eO ATTEST:`' b s nl m WILLIAM G. BERG, J CLEi�. A\e\� Copy served upon: ✓' Applicant ✓ Planning Department ✓4 Public Works Department Vo'- City Attorney 11 By:Dated: 3 Z 1-0 LP ty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 4 of 4 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE ANG DATE OF 12/13/2005 STAFF REPORT Hearing Date: 12/13/2005 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner City of Meridian Planning Department 208-884-5533 SUBJECT: Sunstone Subdivision • AZ -05-043 [TV nF IDAHO Annexation and Zoning of 11.70 acres from RUT to R4 • PP -05-045 Preliminary plat of 23 building lots and 3 other lots on 11.70 acres in a proposed R-4 zone • VAR -05-019 Variance for Cul-de-sac length to exceed to maximum length of 450 feet to the proposed 630 feet 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Benchmark Construction, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of 23 building lots and 3 common/other lots on 11.70 acres. The site is located west of N. Black Cat Road, and south of Cherry Lane. This site is currently rural residential with two single family residences and accessory buildings. The applicant has also requested a Variance for a cul-de-sac length of 630 feet to exceed the 450 -foot maximum set forth in MCC 12-4-2-F. The site has not been previously platted. The application was received and certified complete prior to September 15 2005 and is entitled to consideration under Titles 11 and 12 of Meridian City Code and is not required to meet the adopted Unified Development Code. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on November 3, 2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Clayn Sonderegger, applicant; Jason Densmer, applicant's representative; David Bowman ii. In opposition: Kathy Ferrera, Ton Knoll, John Hansen, Paul Sharatt, Scoot Frederickson iii. Commenting: Christy Campbell, Tom Campbell iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: Brad Hawkins -Clark b. Key Issues of Discussion by Commission: i. Compatibility of lot sizes and zoning with adjacent properties c. Key Commission Changes to Staff Recommendation: i. Lots 3, 4, 5, 6 and 7, Block 4 and Lots 3, 4, 5, 6,7, and 8, Block 2, shall be zoned R-2 and the remainder of the subdivision shall be zoned R4. The applicant shall submit a revised Legal Description which reflects this change to the Planning Department at least 10 days prior to the City Council hearing. ii. Delete Condition 1.1.3 d. Outstanding Issue(s) for City Council: Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE ANG DATE OF 12/13/2005 i. The Planning Department has not received the revised Legal Description which was required by the Planning and Zoning Commission in accordance with the change in zoning for the project. ii. A recommendation was not made on the Variance request by the Planning and Zoning Commission, and per Meridian City Code the City Council must either approve or deny this request. 3. PROPOSED MOTION (to be considered after the public hearing) Approve I move to approve File Numbers AZ -05-043, PP -05-045, and VAR -05-019 as presented in the staff report for the hearing date of December 13, 2005 and the preliminary plat dated March 21, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move deny File Numbers AZ -05-043, PP -05-045, and VAR -05-019 as presented in the staff report for the hearing date of December 13, 2005 and the preliminary plat dated March 21, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re -do the application to gain your recommendation for approval). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1155 and 1123 N. Black Cat Road /West of N. Black Cat Road, and south of Cherry Lane b. Owner: 1155 N. Black Cat Road.: Bob and Gail Burt 1123 N. Black Cat Road: Clayn and Laura Sonderegger c. Applicant: Benchmark Construction 2101 Delta Drive Nampa, ID 83687 d. Representative: Jason Densmer, Roylance and Associates e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for annexation and zoning of the subject 11.70 acres to R-4 and preliminary plat approval of 23 buildable lots. The applicant is proposing 23 detached single-family lots. A gross density of 1.97 dwelling units per acre is proposed, with an average lot size of 17,245 square feet. Access to the development is proposed from Black Cat Road to the east. 1. Date of preliminary plat (attached as Exhibit Al): March 21, 2005 2. Date of landscape plan (attached as Exhibit A2): August 12, 2005 h. Applicant's Statement/Justification (from the submittal material): 5. PROCESS FACTS Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE ANG DATE OF 12/13/2005 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 16, 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 12 Chapter 3, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 17 and 31, 2005 d. Radius notices mailed to properties within 300 feet on: October 14, 2005 e. Applicant posted notice on site by: October 24, 2005 6. LAND USE a. Existing Land Use(s): Two rural residences and vacant agricultural land b. Description of Character of Surrounding Area: Agricultural land and rural residences to the north, south and west; existing residential subdivision in the R-4 zone to the east. c. Adjacent Land Use and Zoning 1. North: Rural residence, zoned R-2. 2. East: Castlebrook Subdivision, zoned R-4. 3. South: Vacant land and rural residences, zoned RUT (Ada County) 4. West: Vacant land and rural residences, zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works: (Michael Cole, Development Services Coordinator) Location of sewer: Mains are in Black Cat Road Location of water: Mains in Black Cat Road Issues or concerns: The sewer flows to the yet to be operational lift station. The completion date is expected to be early in 2006. 2. Vegetation: Existing mature trees around existing residences 3. Flood plain: NA 4. Canals/Ditches Irrigation: None on property. 5. Hazards: None on property. 6. Proposed Zoning: R-4 7. Size of Property: 11.70 acres 8. Description of Use: Single -Family Residential f. Subdivision Plat Information 1. Residential Lots: 23 2. Non-residential Lots: N/A 3. Total Building Lots: 23 Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 4. Common Lots: 3 5. Other Lots: N/A 6. Total Lots: 26 7. Open Lots: 3 8. Residential Area: 11.70 acres 9. Gross Density: 1.97 units per acre g. Landscaping 1. Width of street buffer(s): 25 feet required on Black Cat Road 2. Width of buffer(s) between land uses: None required; the subdivision is surrounded by lands designated for, or developed as, single family residential. 3. Percentage of site as open space (PP and PD applications): 5.1 % h. Proposed and Required Residential Standards: per the R-4 zone i. Summary of Proposed Streets and/or Access: All internal streets are proposed as public. All sidewalks on W. Grey Towers Street are four feet wide and are detached to the curb. The applicant has proposed four -foot attached sidewalks on the two stub streets provided, however Meridian City Code requires that attached sidewalks be five feet in width. For detailed Conditions of Approval on the public streets and access points to public streets, please see the attached Exhibit B. 7. COMMENTS MEETING On October 14, 2005 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 Staff finds that the proposed zoning designation, R-4, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Low Density Residential. There is a maximum density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of Sunstone Subdivision is 1.97 dwelling units per acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 • 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 (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. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The applicant is proposing a single-family development. The existing residential properties to the east are compatible with the proposed development. • 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 (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Low -Density Residential on the Future Land Use Map. The applicant has proposed a density consistent with the requested R-4 zone (1.97 d.u./acre), and staff is supportive of the lot sizes proposed. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The applicant is proposing to extend stub streets to the west, south, and north to provide access to the adjacent properties. The applicant is also connecting to Black Cat Road at the eastern boundary of the project. City staff and ACHD are supportive of the connectivity plan for this area (see AChD comments and conditions for details). • Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13) See bullet above. • Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. (Chapter VII, Goal I, Objective D, Action 8) The applicant has proposed a development with very large lots (one-half acre) on the interior of the subdivision and some slightly smaller lots (one-third acre) adjacent to Black Cat Road and the two stubs streets. Staff feels that these lot sizes provide appropriate transitional densities from the adjacent rural residential properties along El Gato Lane to the southwest. Staff does anticipate that the properties to the north, west, and south will eventually be developed at densities similar to those proposed by the applicant. Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE ANG DATE OF 12/13/2005 • Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter IV Goal H, Objective A) All urban services can be made available to this site. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single family detached homes as permitted use in the R-4 zoning district. b. Purpose Statement of Zone: R4 Low Density Residential District: Only single-family dwellings, public schools, and public and private parks shall be permitted and no conditional uses shall be permitted except for planned developments. The purpose of the R4 district is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the comprehensive plan of the city, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R4 district allows for a maximum of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ/RZ Application: 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 subdivision. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped on May 27, 2005 by Dennis Lewis, 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. 2. PP Application: Open Space: The applicant has stated that the subdivision contains 5.1% of landscaped open space, meeting the 5% minimum required by Meridian City Code. The majority of this landscaping is passive in nature and provided in the proposed parkways between the detached sidewalks and the street in the subdivision. The Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 applicant has not proposed any large landscaped common lots for active use by the residents, and none are required by code. Width of Sidewalks: All sidewalks on W. Grey Towers Street are proposed to be four feet wide and are detached from the curb. The applicant has also shown four -foot wide attached sidewalks on the two stub streets provided; however, Meridian City Code requires that attached sidewalks be five feet in width. The applicant shall increase the width of all attached sidewalks in the development to five feet and submit revised plans with the application for final plat. Street Width: Per the ACRD report, the applicant has proposed 33 foot street sections from back -of -curb to back -of -curb. The Meridian Fire Department requires a 33 foot street section from face -of -curb to face -of -curb for parking on both sides of the street. The applicant shall increase the roadway section to meet Meridian Fire Department requirements for parking on both sides of the street. b. Staff Recommendation: Staff recommends approval of AZ -05-043, PP -05-045, and VAR -05- 019 for Sunstone Subdivision, 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. 11. EDITS A. Drawings 1. Preliminary Plat (dated: March 21, 2005) 2. Landscape Plan (dated: August 12, 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 Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 A. Drawings 1. Preliminary Plat (dated: March 21, 2005) 0 an v■ i r W'1491 Fail, EI era I$ E a �n �� F ® ?is . 6 a t g9 � � `� 8 �• ° a 110111 j 4 �' va 94 fill r -oil II` i it ig i I C��LE w SUN=: summnsoN PRELIMINARY PLAT f ROYLgNCB AAO Af3�GYATEB, F Enpd+wars Surveyors Landpia»mors Stf S Sh" SbW Sal E && W to M" M &1 e Exhibit A 1 A 4 C��LE w SUN=: summnsoN PRELIMINARY PLAT f ROYLgNCB AAO Af3�GYATEB, F Enpd+wars Surveyors Landpia»mors Stf S Sh" SbW Sal E && W to M" M &1 e Exhibit A 1 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEONG DATE OF 12/13/2005 3. Landscape Plan (dated: August 12, 2005) Exhibit A SUNSTONE SUBDIVISION I� PRELIMINARY PLAT LANDSCAPE PAN Meridian, Idaho J 6 P" sm— Exhibit A SUNSTONE SUBDIVISION I� PRELIMINARY PLAT LANDSCAPE PAN Meridian, Idaho J P" a Pd _A111 Exhibit A SUNSTONE SUBDIVISION I� PRELIMINARY PLAT LANDSCAPE PAN Meridian, Idaho CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 Ig op age... �� 81p u. gs� to A i tR aD A 8 ► it £ 0 r �-p- n Lbe c s n r C•�,y SUNSTONE SUBDIVISION PRELIMINARY PLAT LANDSCAPE PLAN 4 Caldwell. Idaho Exhibit A 3 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as Sheet P-1.0 prepared by Roylance and Associates, dated March 21, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -05-043) application shall also be considered conditions of the Preliminary Plat (PP -05-045). 1.1.2 The applicant shall increase the width of all attached sidewalks in the development to 5 feet and submit revised plans with the application for final plat. t t 3 Ti, appheent shag inc � +' to + M di ' D .ta + mqukenwpAs for- pa0kingon both sides of the stiev+ The Ad^..idia« Fire D , f +requires a 33 feet +, ��sti�n fr�tm f�F� of +•nrh to-fa�•� ^� -• both sidesf the s4feet. 1.1.4 There shall be no parking on the cul-de-sac at the terminus of W. Grey Towers Street. The applicant shall coordinate with the Meridian Fire Department on proper signage to denote the no parking restriction. 1.1.5 No direct lot access to Black Cat Road will be allowed. 1.1.6 Any structures which do not comply with Meridian City Code must be removed prior to signature by the City Engineer on the Final Plat for the property. This includes, but is not limited to, the existing homes and outbuildings on the property. 1.1.7 The applicant shall provide stub streets to the west, north, and south as shown on the preliminary plat and per the ACHD Conditions of Approval. 1.1.8 Maintenance of all common areas shall be the responsibility of the Sunstone Homeowners' Association. 1.1.9 Lots 3, 4, 5, 6 and 7, Block 4 and Lots 3 4 5 6 7 and 8 Block2, shall be zoned R-2 and the remainder of the subdivision shall be zoned R4. The applicant shall submit a revised Legal Description which reflects this change to the Planning Dppartment at least 10 days prior to the City Council hearing. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 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 MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 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 Exhibit B CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 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 MCC 12-13-8 and MCC 9-1-28. 1.2.4 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 MCC 12-4-10. 1.2.5 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. 1.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 124-13, unless otherwise approved by Settlers 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. 1.2.7 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. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2. Public Works Department 2.1 The applicant is proposing sewer to this site via extensions of mains in Black Cat Road. The main in Black Cat road flows to the new Black Cat lift station, which will not be operational till approximately January of 2006. Public Works approval of this development is conditional on the Black Cat lift station being operational and does not guarantee sewer service in the timelines outlined in Meridian City Code. 2.2 The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in Black Cat Road. The applicant shall install mains to and through this proposed development, coordinate main size and routing with the Public Works Department. Applicant shall execute standard forms of easements for any mains that are required to provide service. 2.4 The applicant has indicated that the pressurized irrigation system is to be owned and maintained as a private system. Therefore, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. Exhibit B 2 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEONG DATE OF 12/13/2005 2.5 The preliminary plat does not show where the pressurized irrigation pump station is to be located. The pump station shall be located in a common lot that does not encroach into required landscape buffers. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. 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 The applicant shall be responsible for the actual hookup and payment of assessments to municipal services for any existing dwellings that will be retained on this site. 2.8 Additional easements shall be dedicated along right-of-ways, sufficient in width to provide a 10 - foot free and clear easement. This is necessary due to the sidewalks not being located entirely within the right-of-way. 2.9 Vacate the existing ingress/egress easement depicted on the plat. If City of Meridian sanitary sewer or water lines need to be located out of the right-of-way, easements shall be recorded using the City's standard forms of easement. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 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. 2.12 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. 2.13 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. 2.14 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. 2.15 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. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.19 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.20 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. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of Exhibit B CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEONG DATE OF 12/13/2005 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. 2.22 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 3.1.1 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. Residences over 3600 square feet will require a fire - flow of 1500 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 3.1.2 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. 3.1.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.1.4 The proposed 23 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 67 residents at build out. 3.1.5 The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3.1.6 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.1.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.1.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). Exhibit B 4 CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEONG DATE OF 12/13/2005 a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1.1 The Police Department has no concerns related to this application. 5. Parks Department 5.1.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.1.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 6. Sanitary Service Company 6.1.1 SSC has no comments related to this application. 7. Ada County Highway District A. Site Specific Conditions of Approval 1. Dedicate 48 -feet of right-of-way from the centerline of Black Cat Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Construct West Grey Towers Street to intersect Black Cat Road approximately 130 -feet north of the south property line to align with West Grey Towers Street, as proposed. Construct the internal streets as 33 -foot street sections with rolled curb, gutter and a 5 -foot attached concrete sidewalk, as proposed. Submit a letter from the Meridian Fire Department reviewing and approving the reduced street section. 4. Construct a stub street to the south property line approximately 345 -feet west of Black Cat Road, as proposed. Construct a temporary turnaround at the terminus of the roadway. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct a stub street to the west property line approximately 229 -feet north of the south property line with a permanent cul-de-sac turnaround at the terminus of the roadway, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a stub street to the north property line approximately 215 -feet west of Black Cat Road, as proposed. Construct a temporary turnaround at the terminus of the roadway. Install a sign at Exhibit B 5 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a cul-de-sac turnaround with a center island at the terminus of West Grey Towers Street. Construct the turnaround to provide a minimum turning radius of 45 -feet. Construct the center island a minimum of 4 -feet wide to total a minimum of a 100 -square foot area and provide a minimum of a 29 -foot street section on either side of the island. 8. 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. 9. Utilize an existing 20 -foot wide driveway that intersects Black Cat Road approximately 50 -feet south of the north property line until the property should redevelop or remodel, as proposed. 10. Other than the access points that have specifically been approved with this application, direct lot access to Black Cat Road is prohibited. A note will be required on the final plat stating this access restriction. 11. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. 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. 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. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. 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. 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. Exhibit B 6 CITY OF MERIDIAN PLANNIIGEPARTMENT STAFF REPORT FOR THE HAG DATE OF 12/13/2005 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACED 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. 10. 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. 11. 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 7 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 C. Legal Description 'W1 NCO i Ascaclata 208-838-9886 T-82vo, 30318 P- 216 Roylance & AssoL Ates P.A. - - Onms a Sun eim :1. nom 391 W. stem mat, met; bip. low 83916 Teleptume M) 939 M4 Fax (268) 939.25 December 13.2005 Pwitei No. 26U Lqw Descnpdon Sunstone Enugvism R-2 Zone 658 Acres A tract of land da8ned hracin for MZ0W purpmg: , said tract aisuareJ in the Noft= One Quarry of SeLtion 9, Township 3 Noah, Rmge 1 West, Boisc A1'atidian. Ada Conary, Idaho. degCaW . follows Coaaaaercing ar brass eap MR101 codag the Noah One Qua= Comer of Stu:dW 10, tbetue foUowing rhe nonimly line of said Swrion 10 North S9°36' l r Was,, distaste of 2 " 3.04 feet ae A taz� cap mwft th ring the Northwest Carver of seta Sectutat VX rho Not4lteast Comer of Section 9, :std on rhe ceaae:rhm of Neth Black. CatRoad; Thence leaving sand norlta* Jtne of sand Seaetion 10 and following s;dd cettterrline mrd The erasterly line of said Semon 9 South 00°00'00" West a 41191taame of 1799.82 feet to a poem; Thence leaving said cenUrlane and lad easterly luta $outh 90 -WW- west a dtstmm of 54721 f it ro ttre POINT OF BEMN NO; Tia =e South 90`00V)0" West a doarwe of 521.58 fW w apcinr Thc= Nosh 00°00'00' Fast a duce of 477.89 fm to a point Thence South 89°51'57" Paw a dist of 686.49 feet to a point; Them Saurh 00°03 ST F.W a distance of 226.37 fat to a point on Tb- Xoposed cemetline of West Grey Towers Drive; rmwe following said proposed conWhne &"&W%M" Waw a CUsNnM of 165.45 feet to a pointy Thence leaving said ptvpostxi centerline Somb W03'57° Em a distance of 249.72 fact to the POINT OF MOWN NG. The above-described tract of lead conmm 6.58 mores, =A or Igga, ,�+bl= ro all eausnng irents and righrs- of way. P Ampatcd SY: ROYL-NCE & ASSOCIATES, P.A. 391 W. STATE S71tF.EI'. SjjjTjR E FACt,E IDAHO 83616 205-939-28M 208-939-2855 (FAX) X'tPtd �Belkttmerkt?b2�1WOmiiAU r• � � � �Q 10 a� a,1s1R-31 DEC 13 '05 16:27 Exhibit C CITY OF MERIDIAN PLANNIIGEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 . •. • .- . ' ::.Islance 6 Associates DEC 13 '05 16:27 208-9311 '865 M.00.ft J :V—Mi 'N J gy z It3 a tt �W 8 0 4 If �. a DEC 13 '05 16:27 208-9311 '865 M.00.ft J :V—Mi 'N i-63�o i031�3 P. 3/f -VOIIz ngs },;I O J 1: It3 a tt �W 8 0 If �. a LW ww F -" i-63�o i031�3 P. 3/f -VOIIz ngs },;I O QV ., Exhibit C 2 J 1: It3 w 8 LW ww 0 WN is :.r. ';� • � c3 U1 � •At; Y o a o -- 7 -- D. MOON AM s QV ., Exhibit C 2 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE ANG DATE OF 12/13/2005 'JOR es & Assuciatas 20t-8�� �A5b T �No. 3031>6 Roylance & As-soL,dtes P.A. .�� • sd,I�„o : r r „ 393 W. State SUeet Swig F, Imp.mho 133516 Tet OM M)i9-4d24 Fax(toe) X19-2855 Deceialzer 13, 2005 Project No. 2624 Legal Deseripnon Sunsum Enterprises R-4 Zone 5.12 Ams A trate of larui defined bean for ret ori p,upo ,, said tri S Wswd m the NoNteast One Quad of Seection 9, Towttahiip 3 North. Range 1 West, SmMerirhan, Ada ,ty, yam,,, deuce- a, follows: Conurte 6,19 at brass cap mon,,m uittg the North One Qmisrer Corner of of Beaune 10, them f owtttgthe northerly litro of seed Section 10 NaTh 89°36' 18" Wear a disruoe of 264SA4 feoll et to s brass too monumentirtg she Notdtwen Corner said Section 10, dee Moteb= Coeur of Soetlott 9, and on fhe can dine of North Black Cat Road; Thence leavtttg said =09111Y bne of said Secdon 10 and following said centzriuie and rite ensTerly line of said Secnon 9 South 00°00'00" West a dtstaace of 1324.43 feet to the POINT OF REGINNWG; r=e following said cerrrerl,ne and sand easterly hne South 00°OtY00" Wesu di�attce of 475 39 fee a pa�inr, t to Thence having said cenrerhne and amd caatedy late South WWW West a disc w pwnii of U7.21 feet to a """ Nc'rth 00°0357" West 2 distance of 249.72 feet to a paint on the Proposed cemliae of West Grey Towers Drive; Thence following saldpmpowd centerline North 89°56'03" East a distance of 165.45 foci ta pear Tha►ce leaving said proposedceatet'linc �t 00°03'57' West tt distance of 226 o 37 fent to o pouf 7buu* South 89°51'57"Farr a d=nce of 382 31 feet m the PoWr Op BMNWO Thi *o bed tract of land consams S.12 acres, more or less, subject to all exisang e'aftments 4nd rights-d-wiw- Ptrpured By: ROYLANCE & ASSOCIATES. P.A. 391 W. STATE STRUT. SUITE E EAGLF- IDAHO 83616 20&939-2824 208-939-2855 (PAX) �v APP i(AL ev x.-�!'taaat@t+�cna�sri�t2l��aL4arnu,U�g�lslft-i 1.cb;I-doc DEC 13 1135 16:27 a2—/3 -05 Exhibit C 3 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE ANG DATE OF 12/13/2005 - ::bYlaote 9 Associates 1 caW 2 z O dL v+s6 63' . c F gn } i a� to c n In V v 1 en DEC 13 105 16:2$ 208-V ?955 �! 1VJ�p1i18 'N LOAM •a _ _ _ _ f -A ° 3t31 P SlE W moo is 09 mn mo wg -a a� 0 � my A wed u� Q.ao Q n4 J Exhibit C 4 i a J � V 63 J ® 4 a � w e,• ' s D 1 k Exhibit C 4 CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE HUNG DATE OF 12/13/2005 Roylance & Associates, P.A. Engineers • surveyors • Land¢lanners 391 W. State Street. Sesta E. Eagle, ktalw 83616 Teleftm (2(8) 939-2824 Fax (2W) 939-2555 May 27, 2005 Project Number: 2624 Legal Description Sunstone Enterprises, LLC Annexation Area 11.70 Acres A tract of land situated in the Northeast One Quarter of Section 9. Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at brass cap monumenting the North One Quarter Comer of Section 10, thence following the, northerly line of said Section 10 North 8936'18" West a distance of 2645.04 feet to a brass cap monumenting the Northwest Comer of said Section 10 and the Northeast Comer of Section 9 and on the centerline of North Black Cat Road; Thence leaving said northerly line of said Section 10 and following said centerline and the easterly line of said Section 9 South 00100'00" West a distance of 1324.43 feet to the POINT OF BEGINNING; Thence following said centerline and said easterly line, South 00000'00" West a distance of 475.39 feet to a point; Thence leaving said centerline and said easterly line, North 90°00'00" West a distance of 1,068.79 feet to point; Thence North 00000UO" But a distance of 477.89 feet to a point; Thence South 89551'57" East a distance of 1,068.80 feet to the POINT OF BEGINNING. The above-described tract of land contains 11.70 acres, mote or less, subject to all existing easements and rights -of --way. d� or Prepared By: ROYLANCE 8c ASSOCIATES, P.A.391 W. STATE EAGLE, IDAHO��, SUITE E 5*- ' Ri1 o (208)939-2824 4 a (208) 939-2855 FAX .,, 1575 z7_05 vaopt g Qb-19-o 1(APM;MWJf:nrnr .-RL=V1.4EDAk Exhibit C 5 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE ANG DATE OF 12/13/2005 ®- D N Wilk ZZ V, W W z Z V ? Qm MAC En ZIg P o� z z IL N ,6£'SLi��,00,1 0— _ N W om d w H021 1Ho )iob-l® N zcoo y.. C7 CIO z } 0 � W = Ol F p a' 8F= pN jai LL m) �^ a it z i z^ 1 o WOO z W _0 Z—W LU 0(oM jr 8 :3 Z e !-i50 CL Q z ani W i zm0 0 vjz z 0)N(L 0 Z W J I a BY ,62'LLT 3000.00.00M :,a m m Exhibit C CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HONG DATE OF 12/13/2005 D. Required Findings from Zoning Ordinance 1. Annexation and Zoning Findings: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: The following is the list of standards found in 11-15-11 and analysis by staff.• A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; See Comprehensive Plans and Policies as listed in staff report item #8 above. City Council supports the zoning and finds the proposal in general accord with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that detached single-family residential uses are allowed within the zoning district of R-2 and R-4. The applicant will be required to meet all dimensional standards of the R- 2 and R-4 zones and comply with Meridian City Code. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that the properties in the general vicinity of the property in question have been approved for development similar to the proposed subdivision, with single-family residences. Staff finds that the area is changing and this site is eligible for annexation and zoning. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City Council finds that the zoning and proposed density meets the anticipated range for a low density urban project. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which states that "common space shall equal or exceed five percent of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of five acres or more." M CITY OF MERIDIAN PLANNIPSEPARTMENT STAFF REPORT FOR THE HEONG DATE OF 12/13/2005 City Council does not find that the proposed zoning/uses will adversely change the essential character of area. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On October 14, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. Will the proposed uses 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; City Council finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. D-2 CITY OF MERIDIAN PLANNIIGEPARTMENT STAFF REPORT FOR THE HEONG DATE OF 12/13/2005 J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ACHD is supportive of the proposed streets. If is designed and constructed as approved by the ACHD and the City, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Staff finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? 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. Subdivisions of low density have already been approved for development to the east and this is a logical expansion of the City limits. In accordance with the findings listed above, the City Council finds that annexation and zoning of this property would be in the best interest of the City. 2. Preliminary Plat Findings: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Findings Item A above. B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Findings Items G and H above. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Please see Annexation and Zoning finings above. D-3 CITY OF MERIDIAN PLANNIIGEPARTMENT STAFF REPORT FOR THE HANG DATE OF 12/13/2005 3. Variance Findings: According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCC 11-18-3), all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; The subject property is long and narrow in configuration and has been required, as part of the ACHD approval process, to provide three stub streets to adjacent properties. The resultant configuration creates a temporary dead end which is approximately 630 feet in length. Upon development of the property to the west, this street would be continued for access to adjacent properties, providing connectivity between developments that the City desires. The applicant has provided three stub streets to the properties to the north, south and west. City Council finds that requiring additional stubs and/or connections would not be reasonable or practical. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; As noted above, City Council finds that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners, or the applicant. Based on the nature and location of stub streets within the adjacent development, City Council finds that strict compliance to the MCC 124-2-F would be unreasonable and would not result in inhibiting the objectives of the MCC. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; City Council finds that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." Staff finds that the issuance of the variance to the maximum cul-de-sac length within the proposed Sunstone Subdivision does not have the effect of altering the purpose and interest of the Zoning Ordinance. The proposed subdivision increases interconnectivity (by providing three stub streets) and reduces traffic conflicts that could occur from additional connections to Black Cat Road. D-4 0 March 10, 2006 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Fred Pratt • RZ 05-020 ITEM NO. S -F REQUEST Revised Findings for Approval - Request for a Rezone of .17 acres from R-4 to O -T zones for operation of a barber shop for Fred's "Reel" Barber Shop -- 1127 North Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See atfached Revised Findings gr L9 V4X—/ ContactedDate: Phone: 3/ZQ - Emailed: S aff Initials: Materials presented at public meetings shall become property of the City of Meridian. n f� Memo T« Mayor and City Council Fr Josh Wilson, Associate City Planner M il>o March 9, 2006 Ree Fred's Reel Barber Shop Rezone (RZ-05-020) CITY OF MERIDIAN Planning Department MAP 1 'l 2000 11,y Of Meridian 'i Clerk ®ace Due to a staff error, the Findings of Fact for the Fred's Reel Barber Shop Rezone (RZ-05-020) were approved with a condition in the Development Agreement that was not necessary. The second to last bullet read 'That prior to the issuance of a Certificate of Zoning Compliance for construction of the new building, the applicant shall submit a recorded cross access and parking easement between the two parcels". This requirement is not necessary for the subject property and staff has prepared revised findings which remove this condition. 1 RECEIVED 6 City Of Meridian Citi C k Of fice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a request to Rezone .17 acres from R4 to the O -T zone for operation of a barber shop, by Fred Pratt Case No(s). RZ-05-020 For the City Council Hearing Date of. February 7, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 7, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 7, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 7, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 7, 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). RZ-05-020 - PAGE 1 of 3 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the Conditions of Approval all in the attached Staff Report for the hearing date of February 7, 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 site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 7, 2006 incorporated by reference. D. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 February 7, 2006 By action of the City Council at its regular meeting held on the day of 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-020 - PAGE 2 of 3 i 0 COUNCIL MEMBER SHAUN WARDLE VOTED__O4. COUNCIL MEMBER JOE BORTON VOTED_f'� COUNCIL MEMBER CHARLIE ROUNTREE VOTED_Pcc COUNCIL MEMBER KEITH BIRD VOTED__�t� TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOXTAIN WEERD ATTEST: 0 "�00 44 ILLIAM G. BERG, JR., ifrrytLE1CK 9, �'' F`` .�'� Copy served upon: t./ Applicant °a®aaeaeWJ aa���e®�z9 u' Planning Department Public Works Department City Attorney BY Dated:3-.71 - D U Ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-020 - PAGE 3 of 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 �A , STAFF REPORT City Council Hearing Hearing Date: 2/7/2006 TO: Mayor, City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Fred's "Reel" Barber Shop • RZ-05-020 Rezone .17 acres from R-4 to O -T zone for operation of a barber shop 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Fred Pratt, has applied for a Rezone (RZ) of .17 acres from R4 (Medium -Low Density Residential) to O -T (Old Town) for operation of a barber shop at 1127 N. Meridian Road. The site is located on the west side of N. Meridian Road, south of Washington Street. This site currently contains one existing residence. The applicant has submitted a site plan which shows proposed parking, landscaping, and right-of-way improvements to be constructed on the property. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on xx. At the public hearing they moved to recommend denial/approval. a. Summary of Public Hearing: i. In favor: Fred Pratt, applicant ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Time frame for completion of the site improvements. c. Key Commission Changes to Staff Recommendation: i. Add a requirement that the applicant enter into a Development Agreement with the City of Meridian, which states that the existing business shall be allowed to operate while site improvements are being made and that the business shall not operate for a period exceeding 12 months, from approval by the City Council, without the site improvements being completed. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Recommend Approval I move to approve File Number RZ-05-020 as presented in the staff report for the hearing date of February 7, 2006, and the site/landscape plan dated November 7, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Recommend Denial I move to deny File Number RZ-05-020 as presented in the staff report for the hearing date of February 7, 2006, and the site/landscape plan dated November 7, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re -do the application Fred Pratt RZ-05-002 PAGE 1 CITY OF MERIDIAN PLANNIDEPARTMENT STAFF REPORT FOR THE HEARING OF FEBRUARY 7, 2006 to gain your recommendation for approval). Continue I move to continue the public hearing for File Number RZ-05-020 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1127 N. Meridian Road / West side of N. Meridian Road, south of Washington Street Section 12 T3N Rl W b. Owner: Fred Pratt 3071 W. Ravenna Street Meridian, Idaho 83642 c. Applicant: Fred Pratt 3071 W. Ravenna Street Meridian, Idaho 83642 d. Representative: Fred Pratt, Owner e. Present Zoning: R-4 f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: 1. Date of site/landscape plan (attached as Exhibit Al): November 7, 2005 h. Applicant's Statement/Justification (reference submittal material): Fred's "Reel" Barber Shop will be located in Meridian's Old Town. It will be an old fashion barber shop with three barbers. It will have a seating capacity of approximately 14 customers. The location is an older red brick home built in 1956. The shop is approximately 1,161 square feet. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: December 19 and January 2, 2005 c. Radius notices mailed to properties within 300 feet on: December 19, 2005 d. Applicant posted notice on site by: December 26, 2005 6. LAND USE a. Existing Land Use(s): Existing residence b. Description of Character of Surrounding Area: Existing single family residences and commercial uses, zoned R-4, R-15, and O -T c. Adjacent Land Use and Zoning Fred Pratt RZ-05-002 PAGE 2 CITY OF MERIDIAN PLANNIDEPARTMENT STAFF REPORT FOR THE HEARING OF FEBRUARY 7, 2006 1. North: Existing single family residence, zoned R4. 2. East: Existing residences, zoned R-15. 3. South: Existing single family residence, zoned R-4. 4. West: Existing single family residence, zoned R-4. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Already serviced Location of water: Already serviced Issues or concerns: None. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Irrigation: None. 5. Hazards: None. 6. Proposed Zoning: O -T 7. Size of Property: .17 acres g. Off -Street Parking (non-residential uses) 1. Parking spaces required: 3 2. Parking spaces proposed: 6 3. Compact spaces proposed: No compact spaces are proposed. 4. Off-site parking proposed: None. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the proposed parking lot will be from Washington Street to the north. 7. COMMENTS MEETING On December 16, 2005 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 in the attached Exhibit B. Because this is only a rezone application, there are no conditions of approval. All comments will need to be addressed at the time of Certificate of Zoning Compliance approval. S. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Old Town", and it is currently zoned R4. Old Town is defined as follows: "This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi -family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures Fred Pratt RZ-05-002 PAGE 3 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff fords that the proposed Rezone complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists personal and professional services as a Permitted Use in the O -T zone. b. Purpose Statement of Zone: The purpose of the O -T District is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the OT District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi -public, cultural, financial and recreational center of the City. Public and quasi -public uses integrated with general business, and medium-high to high-density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE 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 rezone and use as a barber shop. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on November 4, 2005 by Colleen Marks, 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. Administrative Design Review: The proposed site improvements associated with the proposed use as a barber shop shall be subject to Administrative Design Review as set forth in UDC 11-2D-4, and the applicant shall apply for Administrative Design Review concurrently with the Certificate of Zoning Compliance application. 2. Sanitary sewer and water service: The current residence is serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is unknown at this time, nor do we know whether they adequate to provide the needed service to the proposed change in use. Applicant should coordinate with the Public Works Fred Pratt RZ-05-002 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING•DATE OF FEBRUARY 7, 2006 Department for service prior to the issuance of the Certificate of Zoning Compliance. b. Staff Recommendation: Staff recommends approval of RZ-05-020 for Fred's "Reel" Barber Shop as presented in the staff report for the hearing date of January 5, 2006 based on the Findings of Fact as listed in Exhibit D. Staff has included all comments and recommended actions in the attached Exhibit B. Because this is only a rezone application, there are no conditions of approval. All comments will need to be addressed at the time of Certificate of Zoning Compliance approval. 11. EXHIBITS A. Drawings 1. Site/Landscape Plan (dated: October 13, 2005) B. Department Comments 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 Fred Pratt RZ-05-002 PAGE 5 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 A. Drawings 1. Site/Landscape Plan (dated: November 7, 2005) r 11 !A r tn� P I* %A J �� pA M w AV P"7l AI J * A. dYc14 .fi. Exhibit A vc' Lin mo i 70 TO v z !A r 9 O I* V� 9- Ck P I r 03 F tp fA Q O o r � y�p '3 � Jit N J Le S _ N Exhibit A vc' Lin mo i 70 TO v z • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 B. Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description prepared by Colleen Marks, PLS, dated November 4, 2005 and submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 A Certificate of Zoning Compliance (CZC) application shall be submitted for approval prior to construction of the site improvements. 1.3 The proposed site improvements shall be subject to Administrative Design Review as set forth in UDC 11-2D-4, and the applicant shall apply for Administrative Design Review concurrently with the Certificate of Zoning Compliance application. 1.4 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: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • 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. • That the existing business shall be allowed to operate while site improvements are being made and that the business shall not operate for a period exceeding 12 months, from approval by the City Council, without the required site improvements being completed. 2. PUBLIC WORKS DEPARTMENT 2.1 The current residence is serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is not known at this time, nor do we know whether they are adequate to provide the needed level of service to the proposed change in use. Applicant should coordinate with the Public Works Department for service prior to the issuance of the Certificate of Zoning Compliance. 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. 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 corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. Exhibit B 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 3. 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. 4. Provide a Knox box entry system for the complex prior to occupancy. 5. Contact Joe Silva at 888-1234 for a Fire Department inspection prior to issuance of a commercial Certificate of Occupancy for the building. 4. POLICE DEPARTMENT 1. The Police Department has no concerns with the application. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 6. SANITARY SERVICE COMPANY 1. SSC has no concerns with the application. 7. ADA COUNTY HIGHWAY DISTRICT 1. Approved with no conditions. Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 C. Legal Description Maf RKS LAND.n rj%te'` Exhibit C Colleen Ls- 7045 - 6405 Ustick Rhone: (208) 378-7703 - Fax: Idaho 378-7759 - Email: marksis@velocitus.net REZONE DESCRIPTION A parcel of land being all of Lot 4, Block 1, one half of the adjacent right of ways of N. Meridian Street and W. Washington Street and one half of the adjacent alley, all being part of Niday's Second Addition as recorded in Book 11 of plats at Page 594, records of Ada County, Idaho, said parcel lying in the SEI/4 NEIA of Section 12, T.3N., R 1 W., Boise Meridian, City of Meridian, Ada County, Idaho, said parcel also being more particularly described as follows: Commencing at a point marking the Section Comer common to Sections l and 12, T.3N., R 1 W., and Sections 6 and 7, T.3N., R IE., Boise Meridian, Ada County, Idaho, said point lying along the centerline of N. Meridian Street; thence S.00*00'E. 695.8 feet more or less along the easterly boundary of said Section 12 and the said centerline of N. Meridian Street to a point marking the NE Comer of said Niday's Second Addition; thence continuing S.001001E. 978.0 feet more or less along the said easterly boundary of Section 12, the easterly boundary of said Niday's Second Addition and the said centerline of N. Meridian Street to a point marldng the centerline intersection of. said N. Meridian Street and said W. Washington Street, said point also marking THE REAL POINT OF BEGINNING: thence continuing S.00000'E. 94.0 feet more or less along the said easterly boundary of Section 12, the said easterly boundary of Niday's Second Addition and the said centerline of N. Meridian Street to a point; thence N.89°50' W. 158.0 feet more or less along the southerly boundary of said Lot 4, Block 1, Niday's Second Addition to a point of intersection of said southerly boundary of Niday's Second Addition with the said centerline of the alley; thence N.00°00' W. 94.0 feet More or less along the said centerline of the alley to a point marking the centerline intersection of said alley with the centerline of said W. Washington Street; thence S.890501E. 158.0 feet more or less along the said centerline of W. Washington Street to the point of beginning, containing 0.34 acres, more or less. SUBJECT TO: Any easements or rights of way of record or in use. Ct APPROV S MEMEM ;o�RIMAN PUBLIC wnRAS DEPT. Pratt LoW MIA= ofNL 4 t�: 4- 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 W O O O NE CORNER NIDAY'S SECOND rn ADDITION W. ELM AVENUE w w 0 0� to '00� icft----------------io Q BLOCKS 2-4, ' NIDAYS SECOND l i ADDITION ------�-------- w W. WASHIN TON STREET M S.89'50'E. 158.0' b 0 Z -- d P� LOT 4, BLOCK 1, i �o NIDAY'S SECOND o � 30 m Z ADDITION ; oR I I In �REYIE9AI APP>%Q) D �'- W Q Ln ; ; N.89'50'W. 158.0' a i 1 � LOTS 1-3. BLOCK 1 i 1 1 I ' 19LIr J I I I 1 60 0 30 60 120 SCALE IN FEET Exhibit C • CITY OF MERIDIAN PLANNINNGEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 D. Required Findings from Zoning Ordinance 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to O -T. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section S, 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 personal and professional services are permitted uses within the requested zoning district of O -T. The submitted site plan shows dimensions and elements which conform to the proposed zoning designation. City Council finds that the site is large enough to contain the required parking and landscaping. The applicant will be required to apply for a Certificate of Zoning Compliance prior to construction of the site improvements to ensure compliance with City Code. 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. Exhibit D March 10, 2006 CPA 05-004 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT ITEM NO. 5-G REQUEST Resolution — Request for a Comprehensive Plan Amendment to amend the text and future land use map of the 2002 Comprehensive Plan for the North Meridian Area and to expand the area of city impact boundary 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 properly of the City of Meridian. 0 CITY OF MERIDIAN RESOLUTION NO. A6 ' 5P5 - BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE TEXT OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN AND FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR THE NORTH MERIDIAN AREA AND TO EXPAND THE AREA OF CITY IMPACT BOUNDARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to I.C. § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and City Council have deemed it appropriate to amend the text and future land use map of the 2002 Comprehensive Plan for the North Meridian Area and to expand the area of the city impact boundary; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR TEXT AND FUTURE LAND USE FOR THE NORTH MERIDIAN AREA Pagel of 2 • ADOPTED by the City Council of the City of Meridian, Idaho, this day of of /n a 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this day of G ,-L 6 , 2006. ATTES William G. Berg, Jr., APPROVED: 0�,ee6",r 9d y de Weerd F � COMPREHENSIVE PLAN AMENDMENT FOR TEXT AND FUTURE LAND USE FOR THE NORTH MERIDIAN AREA Page2 of 2 L� CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER yypp "- Um fTrY iii F TOR In the Matter of A Comprehensive Plan Amendment Application to Amend the Text and Future Land Use Map of the 2002 Comprehensive Plan for the North Meridian Area and to Expand the Area of City Impact Boundary by the City of Meridian Planning & Zoning Department Case No(s). CPA -05-004 For the City Council Hearing Date of: March 7, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 7, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 7, 2006 incorporated by reference) 3. Description of Applicant's Request (see attached Staff Report for the hearing date of March 7, 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. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPA -05-004 - PAGE 1 of 3 n V • 5. 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. 6. That this approval is subject to the application for the hearing date of January 17, 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 Comprehensive Plan Amendment application is hereby approved; and, 2. All modifications made by the City Council were incorporated by staff into the application documents prior to their approval on March 7, 2006. D. Attached: Staff Report and attachments for the hearing date of March 7, 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPA -05-004 - PAGE 2 of 3 • By action of the City Council at its regular meeting held on the �`� day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED17Gc. COUNCIL MEMBER JOE BORTON VOTED 4�% COUNCIL MEMBER CHARLIE ROUNTREE VOTEDe� COUNCIL MEMBER KEITH BIRD VOTED OL44 MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: ,may. William G. Berg, Jr., Ci Cl �< h �®'t✓��a9li► 489®��,&�.,'e Copy served upon Applicant, The Planning�epartrnent, Public Works Department and City Attorney. By: St � 0-r� Dated: City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPA -05-004 - PAGE 3 of 3 STAFF REPORT TO: WRITTEN BY: PRESENTED BY: SUBJECT: • 0 NORTH MERIDIAN AREA COMPREHENSIVE PLAN AMENDMENT Hearing Date: January 17, 2006 City Council Brad Hawkins -Clark Former Principal City Planner Meridian Planning Department Anna Canning, Director Meridian Planning Department North Meridian Area Comprehensive Plan Amendment r r Mik, navel, CPA -05-004 — Comprehensive Plan Text and Map Amendment Application 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST This Comprehensive Plan Amendment (CPA) application proposes to amend the 2002 City of Meridian Comprehensive Plan (hereafter referred to as "Plan"), adopted on August 6, 2002 and amended by Resolutions 03-401 and 04-454. The proposed changes affect both the text and map components of the Plan (as further defined in the application). The application includes three general requests: a) Expand the AOCI bound ary north of Chinden Boulevard (to the rim) and west of McDermott Road (to Can Ada. Road); b) Designate new land uses and policies within the proposed expansion areas and amend existing land uses in the current AOCI; and c) Create a new circulation map and associated transportation policies to address multi -modal forms of travel in North Meridian. 2. SUMMARY RECOMMENDATION Staff and the Planning & Zoning Commission are recommending approval of the subject Comprehensive Plan Amendment (CPA -05-004). The Meridian Planning and Zoning Commission heard the item on October 3, 2005. The public hearing was closed and the item tabled to October 17th. No new public testimony was taken on October 17'". Staff presented a summary of actions and discussions held between the two meetings and then the Commission moved to recommend approval (with changes) to the original application. a. Summary of Public Hearing: i. In favor: Approximately six of 18 were in favor with proposed changes to specific parcels ii. In opposition: The majority of those in attendance (estimated 70-80 people) were opposed to the proposed State Highway 16 Preservation Corridor. Several people spoke as representatives of neighborhoods or area property owners. Their testimony was almost entirely focused on this topic and it is assumed they were in general support of the other application content. Approximately seven of 18 were opposed to one or more aspects of the application. North Meridian Area Comprehensive Plan Amendment Page 1 of 4 iii. Commenting: Approximately five of 18 were general comments about the process and/or specific parcels. iv. Staff presenting application: Brad Hawkins -Clark v. Other staff commenting on application: Anna Canning b. Key Issues of Discussion by Commission: i. SH 16 Preservation Corridor ii. NW comer of Chinden and Linder iii. SW comer of McMillan and Meridian iv. N. Ten Mile, south of McMillan (Mixed Use -Wastewater Treatment Plant) — area south of Drawbridge Subdivision v. Compensation if state highway constructed on or near property vi. Frustration about public notification and involvement during application process vii. Inclusion of land north of rim in the Area of City Impact and access to said area viii. Use of Basco Lane as a Collector or not ix. Providing incentives to speed-up the right-of-way acquisition for SH 16 and making the process more collaborative x. SW comer of Ustick and Linder c. Key Commission Changes to Staff Recommendation: Commission discussion focused on resolving seven issues/concerns presented by the public: i. Change SW comer of McMillan and Meridian to Medium Density Residential ii. Change NW comer of Chinden and Linder to Mixed Use -Community iii. Change the property east and west of Black Cat Road north of Chind _ to Mixed Use -Community (for approximately 600-800 feet north of Chinden) iv. In favor of a future expansion of the AOCI north of the rim to the Boise River; direct staff to draft a letter to the Board of Ada County Commissioners v. The SW comer of Ustick and Linder is not a part of the area addressed by this application and will therefore not be changed at this time vi. Not in favor of amending the MU-WWTP area along N. Ten Mile to allow new office and residential uses vii. Removed the SH -16 Preservation Corridor from the Future Land Use Map and most of the associated policies in the text. The Commission emphasized the importance of retaining McDermott Road as the preferred corridor and the creation of a private -public collaborative effort to address the future alignment. d. Outstanding Issue(s) for City Council: Staff expects that the City Council will need to address the following issues at the public hearing: i. Southeast Comer of N. McDermott Road and W. Chinden Blvd (Waterfield/Jenkins parcels): The City Council received letters from Barbara Waterfield (Oct. 18) and DJJ, LLC (Oct. 19) regarding approximately 40 acres (combined) near this intersection. Both letters expressed concern about the P&Z Commission motion to designate the eastern portion of their property as Medium Density Residential. You also received copies of written replies to each party (Nov. 7) from Brad Hawkins -Clark. As of November 18`h, no North Meridian Area Comprehensive Plan Amendment Page 2 of 4 response to the November 7t' letters has been received from either party. Staff anticipates this area/issue may be raised at the City Council public hearing. ii. Future Planning for SH -16 Corridor: The P&Z Commission's motion to City Council included the following statement (in Section E of the application) : "The City of Meridian supports a collaborative, public private partnership with property owners, the Idaho Transportation Department, Ada County, Canyon County and other affected parties to identify a preferred alignment for the future SH -16 extension. " At the public hearing, Staff requests the City Council provide additional policy guidance on this issue. In particular, assuming the City Council approves it, what type of role do you want the City of Meridian to play in this "partnership" (e.g. initiator, advocate for Area of Impact citizen interests, participant only with IM as lead)? What level of priority should this corridor planning have in relation to other long-range planning projects? Since this issue was the single most controversial aspect of the North Meridian CPA application and since there was broad support to identify a transportation corridor, it is important that some implementation steps be decided upon. This issue has generated a lot of public interest and the affected parties need to leave this process with some understanding as to the City's policy and implementation timeframe. iii. Land Uses Near Future SH-16/Ustick Interchange: At the November 15, 2005 City Council workshop, a suggestion was made to overlay a sample interchange at this area to see if the MU -Interchange land use designation was an adequate size. Sue Sullivan (PTD planner) recommended using a diamond interchange since that would require the largest footprint (approx. 1,000' east/west x 3,000' north/south). After doing so, it appears the MU -Interchange area is adequate along the Ustick Road frontage but is not adequate along the McDermott Road frontage (north and south of Ustick). This is, of course, entirely preliminary and assumes a diamond -type interchange with a large footprint. Staff recommends this category be expanded north and south approximately 500 feet (maintaining the existing width). iv. Regional Cooperation Commitments: The P&Z Commission chose to retain new policies regarding the City of Meridian's commitment to regional planning and cooperation. (See Section G, page 3, of the application.) However, the City Council may want to revisit these policies in light of the Board of Ada County Commissioner's pending actions with the City of Eagle and their expanded Area of Impact boundary. v. COMPASS/Patricia Nilsson Letter (Sept 15 2005): Patricia Nilsson raised several points in this letter which were not discussed or referenced in the Commission's motion. The letter was noted at the October 17t` meeting but the Commission did not want to spend time going into details at that time. They wanted to move the application forward to City Council. None of the seven points in her letter have been incorporated into the application at this point. However, Staff believes some of these points warrant discussion by the City Council. Specifically, Item #4 regarding the Mixed Use -Interchange North Meridian Area Comprehensive Plan Amendment Page 3 of 4 n u areas, Item #6 regarding travel speeds on U.S. 20-26 and Item #7 regarding signal spacing on local roads. 3. PROCESS FACTS a. The subject application will in fact constitute a comprehensive plan amendment as determined by Idaho State Code. By reason of the provisions of the Idaho State Code §67-6509, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: September 5, September 19, and September 26, 2005 (for Planning & Zoning Commission) and December 26, 2005 and January 9, 2006 (for City Council). C. Public Service Announcements were sent to television, newspaper, and radio stations on September 19, 2005 (for Planning & Zoning Commission) and January 9, 2006 (for City Council). d. Interested parties were notified by mail on December 21, 2005. 4. APPLICATION CONTENT Please refer to the attached North Meridian CPA application and Exhibits for details. The attached documents reflect all changes requested by the P&Z Commission in their motion for approval. They also include modifications proposed in the September 15th letter from ITD (Sue Sullivan). North Meridian Area Comprehensive Plan Amendment Page 4 of 4 NORTH MERIDIAN AREA COMPREHENSIVE PLAN AMENDMENT APPLICATION CONTENT January 2006 (for January 17th City Council public hearing) APPLICATION ORGANIZATION & CONTENT This Comprehensive Plan Amendment (CPA) application proposes to amend the 2002 City of Meridian Comprehensive Plan (hereafter referred to as "Plan"), adopted on August 6, 2002 and amended by Resolutions 03-401 and 04-454. The proposed changes affect both the text and map components of the Plan (as further defined below). The application contains the following sections: A. Application Overview (provides background, purpose and assumption information) B. CPA Application Questions (answers the questions required in the City of Meridian application form) C. Idaho Code (briefly reviews Idaho Code requirements for changes to Area of City Impact boundaries) D. Proposed Area of City Impact Map (graphically depicts the existing and proposed boundaries for the Meridian Area of City Impact) E. Transportation/Infrastructure Text Changes (proposed amendments to Chapter VI of the Plan) F. Circulation Plan Map (a new figure proposed to be inserted into Chapter VI) G. Land Use Text Changes (proposed amendments to Chapter VII of the Plan) H. Amended Future Land Use Map (a figure proposed to replace existing Figure VII -2 in Chapter VII) Each element listed above is inter -related with the subsequent element and the application is most effectively read and understood in that manner. North Meridian Area CPA Application Page 1 Introduction and Sections A, B & C • A. Application Overview 1. Background The genesis of this CPA application was in 2001, preceding even the approval of the current 2002 plan. While Meridian's overall growth rate in the 1990's was unprecedented (approx. 230% increase in population between the 1990 and 2000 U.S. Census), only a small fraction of that growth occurred north of Ustick Road. Over 90% of subdivisions created in the 1990's were located south of Ustick Road (mostly west of Meridian Road). However, when the White Trunk Sewer project began construction in 2001 (extending from Ten Mile Road to Locust Grove Road, between Ustick and McMillan), it would eventually open up over three square miles of largely undeveloped county land to urban scale development. This precipitated the acquisition of large land holdings by developers and subsequent annexation and subdivision applications to the city. With some concern about the provision and readiness of public infrastructure to serve this area, several residential land developers hired Wardle and Associates, a local land planning firm, to facilitate a broad-based planning effort that included mostly public agencies and technical staff. This effort came to be known as the North Meridian Area Plan (NMAP). After more than 18 months of workshops, interviews, and planning, the NMAP was submitted to the city as a CPA application. A public hearing was held before the Planning & Zoning Commission in May 2003. While there was strong, broad support for the plan's vision and principles, staff believed the administrative challenges associated with the plan as submitted would impede effective and efficient implementation. For example, the plan was written as a stand alone document with no cross-references to the adopted Plan. With the consent of Wardle and Associates, the application was withdrawn. No formal recommendation was made by the Planning & Zoning Commission to the City Council, but they did direct staff to incorporate many of the NMAP goals and policies in any future CPA application. During her 2004 mayoral campaign, Mayor de Weerd made the NMAP a high priority, calling for that plan to be revived and this time lead and initiated by the City of Meridian. The Planning Department staff began meeting with various stakeholders to formulate a timeline and method to more directly involve private property owners in the area. The mayor and City Council also directed staff to explore an expansion to the Area of City Impact (AOCI) boundary to the north and west. In May 2005, an open house was held at Sawtooth Middle School to present the general purpose of the plan and to receive feedback from the public on land use and transportation concerns and ideas. Below is a simple comparison of the private and public plans: North Meridian Area CPA Application Page 2 Introduction and Sections A, B & C Relationship to Communities in Motion and Blueprint for Good Growth: Two regional land use and transportation planning efforts are underway at the time this CPA application is being submitted. Communities in Motion (CIM) is the Regional Long -Term Transportation Plan of the Community Planning Association of Southwest Idaho (COMPASS) and Blueprint for Good Growth (BGG) is a 2025 land use and public infrastructure plan being co-sponsored by the Ada County Highway District, Ada County and the six cities of Ada County. It is not the intent of the City of Meridian to supercede or compromise either the process or recommendations of these regional plans. In fact, the city has been an active participant in both the CIM and BGG steering teams and has contributed funding to both plans. So, given the long-term nature of those plans and that neither one is intended to provide area -specific detail, Meridian believes this application will compliment and honor the outcome of both the CIM and BGG efforts. Consultants for Plan: While the Planning Department staff is preparing most of the content for this application, we have contracted with two private firms to provide additional, supporting documentation. The first is Thornton Oliver Keller, a real estate brokerage, who is conducting a market analysis of the North Meridian Area to help determine the absorption rate and demand for office, retail and industrial uses. Results of this study are expected to help guide the city in designating areas for new non-residential uses. The second contract is with Washington Group International, an engineering and construction firm located in Boise, Idaho. They are updating the 2001 Traffic Impact Study of the 12 -square mile area in North Meridian, focusing particularly on 5 -year estimates of intersection improvements needed to accommodate new traffic generated in the area. The Executive Summary of this report is shown in Section I of this application. 2. Application Purpose In summary, this CPA application includes three general requests: a) expand the AOCI boundary north of Chinden Boulevard (to the rim) and west of McDermott Road (to Can Ada Road); b) designate new land uses and policies within the proposed expansion areas and amend existing land uses in the current AOCI; and c) create a new circulation man and associated transportation policies to address multi -modal forms of travel in North Meridian. North Meridian Area CPA Application Page 3 Introduction and Sections A, B & C NMAP(private) CPA ublic Applicant Wardle & Associates City of Meridian Geographic Area 10 square miles 16 square miles (approx.) Area of City Impact No change Proposed expansion Proposed Zoning Ordinance Amendment? Yes No Transportation Funding a Part of Application? Yes No Relationship to Communities in Motion and Blueprint for Good Growth: Two regional land use and transportation planning efforts are underway at the time this CPA application is being submitted. Communities in Motion (CIM) is the Regional Long -Term Transportation Plan of the Community Planning Association of Southwest Idaho (COMPASS) and Blueprint for Good Growth (BGG) is a 2025 land use and public infrastructure plan being co-sponsored by the Ada County Highway District, Ada County and the six cities of Ada County. It is not the intent of the City of Meridian to supercede or compromise either the process or recommendations of these regional plans. In fact, the city has been an active participant in both the CIM and BGG steering teams and has contributed funding to both plans. So, given the long-term nature of those plans and that neither one is intended to provide area -specific detail, Meridian believes this application will compliment and honor the outcome of both the CIM and BGG efforts. Consultants for Plan: While the Planning Department staff is preparing most of the content for this application, we have contracted with two private firms to provide additional, supporting documentation. The first is Thornton Oliver Keller, a real estate brokerage, who is conducting a market analysis of the North Meridian Area to help determine the absorption rate and demand for office, retail and industrial uses. Results of this study are expected to help guide the city in designating areas for new non-residential uses. The second contract is with Washington Group International, an engineering and construction firm located in Boise, Idaho. They are updating the 2001 Traffic Impact Study of the 12 -square mile area in North Meridian, focusing particularly on 5 -year estimates of intersection improvements needed to accommodate new traffic generated in the area. The Executive Summary of this report is shown in Section I of this application. 2. Application Purpose In summary, this CPA application includes three general requests: a) expand the AOCI boundary north of Chinden Boulevard (to the rim) and west of McDermott Road (to Can Ada Road); b) designate new land uses and policies within the proposed expansion areas and amend existing land uses in the current AOCI; and c) create a new circulation man and associated transportation policies to address multi -modal forms of travel in North Meridian. North Meridian Area CPA Application Page 3 Introduction and Sections A, B & C • In addition to the obvious intent to amend the Plan, this application is also being prepared as part of the City of Meridian's application to Ada County to expand the AOCI boundary. Ada County requires cities to provide a detailed map with land use designations for any new land being added to the AOCI. If approved by City Council, the Future Land Use Map associated with this application would be sent to Ada County to fulfill that requirement of renegotiating the AOCI boundary. 3. Key Assumptions Below are some of the key land use and transportation assumptions that staff referenced in developing the CPA application. These assumptions were presented and discussed in special workshops with the Planning & Zoning Commission and City Council. The majority of the assumptions are similar to and/or derived from assumptions found in the Foundation Report section of the private NMAP application (withdrawn in 2003). Land Use ➢ All existing zoning, preliminary plats and planned developments will remain unchanged. ➢ The plan will give detail to the work in process for the CIM and BGG plans ➢ The City of Meridian desires to manage growth and annex new land only when it is clearly demonstrated that all urban services will meet targeted levels. ➢ A mix of services and job types will be available in North Meridian and policies will encourage mixed-use neighborhoods. ➢ Overall density of housing will be at least 3 — 3.5 dwelling units/acre. ➢ Lower density housing (less than 2 dwelling units/acre) is expected north of Chinden Boulevard along the rim. ➢ Higher density housing is desired close to service centers and along transit corridors. ➢ The existing mid -mile Neighborhood Centers shown in sections where commercial annexations have been approved at the corners will be removed. ➢ A majority of residents in the two new areas of expansion (north of Chinden Boulevard and west of McDermott Road) support the AOCI change. Transportation ➢ SH20-26/Chinden will be a limited access highway that retains a speed of at least 45 mph. ➢ Future SH16/Emmett Highway extension will generally align with McDermott Rd. and will dramatically affect land uses. ➢ ITD won't know the final alignment of SH 16 for at least 2 '/z - 3 years. Until the alignment is known, it is in the best interest of the City of Meridian to protect this corridor from urban growth. ➢ A new limited access highway (SH 16) will create an incredible opportunity and a physical barrier for the community. ➢ A grade separated interchange is anticipated at SH16/SH20-26 and at SHI6/Ustick Road (wherever the SH 16 alignment ends up being located). ➢ Multi -modal centers will be encouraged near these interchanges. North Meridian Area CPA Application Page 4 Introduction and Sections A, B & C ➢ Future bus routes will be focused on the arterial grid and will primarily serve neighborhood centers ➢ Ultimately, all arterial intersections and many half -mile intersections will be signalized B. CPA Application Questions (from Meridian's CPA application form) 1. Specific definition of the change requested. The changes proposed in this application fall into three broad areas: a) Expand the AOCI boundary north of Chinden Boulevard (to the rim) and west of McDermott Road (to Can Ada Road). The City of Meridian is proposing to expand its AOCI boundary in two different areas — one is north of Chinden Boulevard/SH20-26 (hereafter referred to as SH20-26) and the other is south of SH20-26. The area north of SH20-26 begins at the northwest corner of N. Linder Road and SH20-26 and extends west to McDermott Road. The north boundary is currently proposed to be the centerline of the Phyllis Canal or the nearest logical property boundary to the canal. Initial discussions have taken place with the City of Eagle regarding Almaden Subdivision, approximately % mile north of SH20-26, and an 11 -acre parcel abutting the canal. This area is currently not a part of Meridian's AOCI application. This area is approximately 825 acres in size and includes 135 recorded properties. The land falls within Township 4N, Range I and includes portions of Sections 21, 22 and 23. Several large parcel owners have already approached the city requesting to be added to Meridian's AOCI. Noteworthy land uses in this area include the Spurwing Golf Course, Jaker's Wholesale Nursery and other estate -type housing. In 2004, the Public Works Department contracted with JUB Engineers to complete a sanitary sewer study of this area (including the Almaden Subdivision area). That study demonstrated the City of Meridian is capable of providing sewer service to this area, assuming a new lift station is built north of SH20-26. Meridian's domestic water service can also be extended to this area (although no formal study was done). This area is already within the boundaries of the Meridian Rural/City Fire Department and Joint School District No. 2. One new elementary school is anticipated in this area north of SH20-26. Finally, at the May open house, a property owner located between the Phyllis Canal and the Boise River expressed interest in being added to Meridian's AOCI. Prior to this meeting, the city had not considered expanding north of the rim. The attached Future Land Use Map does not reflect this area. However, staff recommends the Commission and City Council review this request as part of the public hearing process. There is approximately 1,400 acres of land between the rim and the river and between McDermott Road and Linder Road. The subject property is approximately North Meridian Area CPA Application Page 5 Introduction and Sections A, B & C 390 acres, or 28% of the total "below rim" area. Staff prepared a brief analysis of this area and it is available upon request. The area south of SH2O-26 begins at the southwest corner of McDermott Road and SH2O-26 and extends south and west to the comer of CanAda Road and Ustick Road. It includes Sections 29 - 32 (four square miles) within Township 4N, Range IE. Existing agricultural/rural type uses dominate this area and include churches, a tree nursery, dairy operations and a small cemetery. The Public Works Department is currently under contract with JUB Engineers to complete a sanitary sewer study of this four mile area. The study is expected to be complete by December 2005. Initial findings show that Meridian should be able to serve the area, taking into account treatment plant and potential lift station improvements. Initial findings also show that Meridian should be able to provide domestic water service. New well sites are proposed in each square mile, although the need for these is yet to be determined. This area is currently within the boundaries of the Star Fire District. However, the City of Star is not currently seeking any AOCI expansion south of SH2O-26 and, if annexed, it is anticipated the Meridian Fire Department would service the area. One new elementary school and one fire substation are expected for this area. b) Designate new land uses and policies within the proposed expansion areas and amend existing land uses in the current AOCI. The Amended Future Land Use Map (see attached) shows new land use designations for all properties in both of the areas described above. This map also reflects the new zoning districts and land uses in the North Meridian Area approved by City Council to date since adoption of the Comprehensive Plan. Many of the new land use policies are taken directly from the Wardle and Associates NMAP application. We've also added a new section pertaining to policies specific to the SH 16 preservation corridor. c) Create anew circulation map and associated transportation policies to address multi- modal forms of travel in North Meridian. Figure VI -8 in Chapter VI of the current Plan is a "Future Collector Streets" map which generally shows where the city anticipates new collector roadways. This application proposes to expand the scope and detail of this map. The map in Section F depicts new collectors and backage roads in both the existing and proposed AOCI. Finally, in concert with the Idaho Transportation Department's anticipated interchange at SH 16 and SH2O-26, guidelines for a multi -modal center near this interchange are also proposed. (See Section E of this application for more detail.) 2. Specific information on any property involved. As noted in Section B. La. above, there are numerous existing uses in the proposed and existing AOCI. Given the number of properties affected by this application, detailed North Meridian Area CPA Application Page 6 Introduction and Sections A, B & C • information is not being provided on specific properties. Further research on targeted areas can be provided to the Commission or Council upon request. 3. The condition or situation which warrants a change being made in the Plan. Staff believes there are three primary conditions that warrant a change to the Plan: a) Rate and Type of Growth : Since August 2002 (adoption of the current Plan), the City of Meridian has witnessed unprecedented growth, much of which has occurred in North Meridian. More than 8,000 new building lots have received preliminary plat approval in the North Meridian Area alone. In 2004, 25% of all new residential building permits within Ada County were issued within a six square mile area of North Meridian. That figure was 14.6% in 2003. The North Slough Sewer Trunk, extending from Ten Mile Road to Locust Grove Road between McMillan Road and SH2O-26, began construction in late 2002. This project came on-line ahead of schedule and triggered additional development. While a majority of the new development conforms with the adopted Future Land Use Map and urban services are being provided per master plans, the pace of growth has brought changes not anticipated in the 2002 Plan. Several large Planned Development applications (300+ acres each) were approved for land use exceptions which allowed non-residential uses at the arterial intersections instead of neighborhood centers at the half mile as anticipated in the Plan (i.e. Bridgetower Crossing, Lochsa Falls, Paramount). Also, now that new school and park sites, housing densities, and street patterns have been approved, the Plan should be updated to reflect these growth patterns. b) SH16 River Crossing and Extension to 1-84: Governor Kempthorne's "Connecting Idaho" plan (the Garvee bond project), signed in Spring 2005, included a proposal for an extension of SH 16 from SH44 to I-84. This new roadway has broad implications for the NMA. This project was anticipated in 2002 and the existing Plan includes policies which encourage a Ten Mile Road alignment. Both the private NMAP and Washington Group International's 2001 NMA Traffic Study also anticipated the SH 16 extension. However, with the Garvee bonding one step closer to reality and with ITD including SH 16 study funds in their 2006 budget, it warrants the City of Meridian updating its Plan to be more proactive in planning for this significant project. The following reasons support a change from Ten Mile Road to McDermott Road as the preferred alignment (and help to justify a change to the Plan): ■ Instead of dividing our community at Ten Mile Road, the state highway would be located at the edge of our Area of Impact --which would separate Meridian from Nampa and Ada County from Canyon County (south of Ustick Road). ■ The obstacles to preserving right-of-way and limiting development or existing curb cuts along McDermott are fewer than Ten Mile Road. North Meridian Area CPA Application Page 7 Introduction and Sections A, B & C ■ Large existing parcels — there are fewer parcels to negotiate future right-of-way purchase and the roadway impacts fewer property owners in the McDermott corridor. ■ A McDermott alignment fits the logical progression of interchanges at two- mile spacing along I-84 (i.e. Meridian, Ten Mile, McDermott, Garrity) c) Requests for Area of City Impact Expansion: Since adoption of the existing Plan, the Mayor and City Council have received requests from individual property owners outside the existing AOCI to receive urban services. Prior to September 2005, Meridian City Code required a property to be within the AOCI and Urban Services Planning Area before annexation and service extensions could occur. That regulation ation was changed in the Unified Development Code to allow the City to annex property outside the AOCI. Nevertheless, the AOCI boundary should be adjusted to reflect the City's intended areas of future growth and service expansion. Amending the Comprehensive Plan is the first step to expanding this boundary (prior to negotiating the boundary with Ada County). While properties outside an AOCI have some development rights, sound planning calls for urban and suburban development to utilize sanitary sewer and municipal water where feasible. Since Meridian is the nearest city to the interested properties and probably best suited to extend urban services, staff was directed to include the AOCI expansion in this CPA application. 4. The public need for and benefit from such a change in the Plan. The answer to this question begs another question — "which `public' is being talked about?" The public consists of a broad array of interests — often competing interests. Agriculture, recreation, business, residential, and other interests have different perspectives on this question. There may also be competing objectives between the present and future needs of the community. Comments for and against the AOCI expansion and Plan amendment were received at the May open house. The most effective planning weighs all interests and the Commission and Council must decide which plans further the interest of Meridian and the region as a whole. Below is a discussion of both potential benefits and drawbacks to amending the Plan as proposed. Potential Benefits: One of the primary functions of an AOCI is to designate and accommodate urban scale development (e.g. higher populations, higher residential and commercial densities, alternative transportation, etc.). Existing and prospective city residents and developers benefit from a Plan that designates locations for principle land uses and reflects uses already approved but not built. Utilities and other service providers benefit from being able to predict and anticipate densities and future demands for their respective service. Property owners adjacent to the AOCI and city limits benefit by being able to participate in setting the direction and type of growth around their property. If development is expected north of SH20-26 and west of McDermott Road (which it is, unless permanent, legal tools/easements are put in place to guarantee the open space), it is the responsibility of Ada County and cities to plan for these areas. This is especially true as land speculation and development pressure increases due to nearby services. The benefits to preceding growth with updated comprehensive and facility plans include more North Meridian Area CPA Application Page 8 Introduction and Sections A, B & C 0 efficient use of tax dollars and coordination of sewer, water, fire, police and other services. Potential Drawbacks: There is, of course, an inherent conflict between some rural and urban uses. If Meridian expands its AOCI and urban development extends into the new areas, the existing agricultural operations (e.g. nurseries, dairies, farms) that intend to conduct business into the future will experience conflicts. Many of these concerns were noted on the summary sheet from the open house. These property owners would prefer to remain outside any AOCI and be buffered and protected from urban/suburban influences. Another potential drawback to expanding the AOCI that could be perceived by residents is the additional stress on the transportation system. Rural type uses and residential densities will have far less demand on the system than the higher intensity activities associated with cities. This same argument could be made for demand on electric, water and other utilities. 5. Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable. The existing Plan notes that the SH 16 extension may happen and, if so, would likely be aligned with Ten Mile Road. Since that time, the amount of new development approved on both Ten Mile Road and Black Cat Road has lead the city to believe McDermott is the most appropriate corridor for this facility. 6. Development intentions for any land involved. It is anticipated the City of Meridian will acquire land for public parks, easements for sewer trunk lines and multi -use pathways and various domestic well sites within the subject area. However, specific locations have not been identified at this point. Otherwise, private development is expected to proceed in accordance with the adopted Plan and ordinances. 7. Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going to cost and who's going to pay for it. To date, no other information has been requested by the Commission. Regarding the question of who benefits and who is hurt, see Question #4 above. Several property owners voiced opposition to the AOCI boundary being expanded. If approved, the main costs of implementing the AOCI expansion and making the amendments to the plan will be administrative expenses that are largely built into the Planning & Zoning Department's budget. The Public Works Department has not currently budgeted for the extension of the Black Cat Trunk to the north side of SH2O-26. Any costs associated with this project would be borne by private developers. C. Idaho Code Overview (AOCI) North Meridian Area CPA Application Page 9 Introduction and Sections A, B & C Requirements for Renegotiation: Idaho Code Section 67-6526 sets out the requirements for setting, negotiating and renegotiating AOI boundaries. In particular: 1. Boundaries remain fined until renegotiated. [Section 67-6526(d).] 2. Renegotiation must follow the same provisions for adopting an AOI originally. [Section 67- 6526(d).] 3. Where a county does not approved the city's desired AOI, the city has resort to either a committee of nine [Section 67-6526((b)] or the district court [Section 67-6526(b).] 4. If there is an overlapping AOI boundary with another city, the cities are required to negotiate a recommendation to the county. In the event either city disagrees with the AOI finally adopted by the county pertaining to the overlapping area, it may request an election be held, funded by the county, for persons owning property in the disputed area. [Section 67-6526(c)] 5. In setting an AOI, the county or district court is required to consider three (3) factors [Section 67-6526(b)]: a. trade area; b. geographic factors; and, C. areas that can reasonably be expected to be annexed to the city in the future. Trade Area: Trade area can be defined as the area needed to provide a city an economic base in which to support its self. This base is not only the area of the city and the AOCI but also involves the areas surrounding a city that brings people into the city for services. Historically, Meridian has been associated with a large trade area extending north to SH2O-26, west into eastern Canyon County, south past Lake Hazel, and east to the Boise City limits. An informal survey of residents north of SH2O-26 revealed that this area identifies with Meridian more than any other jurisdiction. There is no river crossing between Linder and Star, so residents in this area are forced to travel south for services. Also, the 2001 WGI Traffic Study projected a vast majority of new trips to SH2O-26 being generated from south of SH2O-26 and it could be expected that any commercial uses on the north side of the highway would benefit from Meridian customers for this reason. It is logical that both the north and south sides of SH2O-26 are planned under one jurisdiction and use one set of development ordinances, especially for the four miles between the two river crossing streets. Public comments were received at the May open house that Star Road functions as a natural boundary between Meridian and Nampa, with properties west of Star Road associating with and "feeling" more like Nampa. This boundary is especially emphasized south of Ustick Road where McDermott becomes the county line and Star/Robinson Road is entirely within Canyon County. However, for this area north of Ustick, the trade area question becomes less clear. Staff expects that a survey of property owners in this area may be necessary prior to submitting an application to Ada County if the Commission and Council approve the expansion. Ge�aphic Factors: Among the geographic factors supporting Meridian's proposed AOCI are: current capacity and capability to provide essential public services as well as planned North Meridian Area CPA Application Page 10 Introduction and Sections A, B & C improvements; transportation system corridor and services; and annexation trends and requests. A detailed analysis of the following essential public services is being developed for any potential negotiation with Ada County for the AOCI expansion: ■ Sewer ■ Water ■ Police ■ Fire and Emergency Services ■ Library ■ Schools ■ Parks and Recreation Facilities ■ Irrigation Systems ■ Solid Waste ■ Electric Utility ■ Public Transportation Annexation in the Reasonable Future: Meridian's existing city limits extend to SH20-26 at four different points within Sections 25 — 27 (TAN, R.1 W), between Black Cat and Meridian Road. Several parcels on the north side of the highway are currently contiguous at these points and are eligible for annexation today. Regarding the annexation potential for the area west of McDermott Road, the city limits extend as far as % mile west of Black Cat Road on Ustick Road and a % mile west of Ten Mile Road on SH20-26. A path of annexation west of McDermott Road is dependent upon several intervening property owners between the existing city limits and McDermott. The main obstacle in determining this path is the unknown alignment of SH 16. In either case, Meridian city limits are closer to these parcels than either Nampa or Star. The draft Future Land Use Map designates a preservation corridor for this highway and the draft policies propose no urban scale development for a'/z mile west of Black Cat Road until the alignment is identified and the federal government has approved the location. So, if this policy is adopted, it may present a delay in property owners being able to secure a path of annexation. (See Section E for further discussion of this issue.) North Meridian Area CPA Application Page 11 Introduction and Sections A, B & C • • SECTION D PROPOSED AREA OF CITY IMPACT MAP • SECTION E • TRANSPORTATION / INFRASTRUCTURE TEXT AMENDMENT (Chapter VI) (Unless otherwise noted, all of the following text is new and, if approved, will be incorporated into Chapter VI of the 2002 Comprehensive Plan in the sections as specified in the boxes. Page numbers refer to the existing Plan) Page 52, Paragraph 2.a. • Delete the list of arterial roads and instead reference the `Ada County Functional Street Classification System' map (latest edition). • Arterial Planning in North Meridian There are three state highways in the North Meridian area that have a significant influence on the arterial system and deserve special attention: 1. U.S. 20-26 (Chinden Blvd.). This highway serves as the north boundary of the City's Area of Impact east of Linder Road and bisects the Area of Impact west of Linder Road. It is expected to be five to seven lanes wide at build -out of the city. It separates Meridian's distinctly urban growth patterns from the City of Eagle, with its low-density, semi -rural character. The City of Meridian will establish ordinances and development standards that preserve the highway as a major regional transportation facility, connecting the cities of Caldwell, Nampa, Star, Meridian, Eagle and Boise. The City believes this roadway needs to be protected from multiple access points and preserved as a high capacity connector. The City supports beautification and appropriate sound mitigation measures along the US 20-26 corridor. 2. State Hi way 16 (future extension). The extension of State Highway 16 from State Highway 44 to I-84 is a critical step to providing regional mobility for citizens from north Ada County and Gem County to I-84 and south Ada County. Identifying the most useful and environmentally and fiscally responsible location for this new highway is crucial to the future character of west Meridian. 3. State Hi way 55 (Eagle Road). Eagle Road is adjacent to the east side of the North Meridian area and is currently the most heavily traveled road in the Treasure Valley. Issues that impact Eagle Road traffic will also have an impact on North Meridian. It is expected that Eagle Road will be improved in the future to include integrated traffic signals, safety medians, landscaping, new lighting, and other improvements as per the Eagle Road Corridor Study. North Meridian Area CPA — Section E Page 1 Transportation/Infrastructure Text Amendment (Chapter VI) 0 • • Urban and Residential Collectors The transportation system's second tier is the collector system. Collectors are generally categorized as either urban or residential. Urban collectors are designed to carry higher volumes of traffic and (often seamlessly) connect one arterial to another through a given mile. They also may move at higher speeds than residential collectors. The latter are typically constructed by private developers at the time of construction of a subdivision and have a more residential character. They may or may not connect through an entire mile section. Collector roads were the subject of an Ada County Highway District -funded study by JUB Engineers in August 2001. The City of Meridian supports and will apply the following conclusions of that study: a. Intersection Spacing. The intersections of collector roads and arterial roads should be located at the %Z mile point within any given section. b. Alignment. Collectors should extend in an essentially straight line for 200 feet to 400 feet from the intersection. Beyond that point the alignment is flexible. c. Discontinuity Between Sections. Collectors should not be in a straight alignment for more than two miles to prevent their use as de facto arterials. • Delete the list of collector roads and instead reference 1) the most recent Federal Functional Classification Map for Ada County adopted by the Community Planning Association of Southwest Idaho and 2) the functional classification map adopted by the Ada County Highway District. Replace Figure VI -11, Functional Classification Map (pg. 53), with a reference to the latest such map approved by the COMPASS Board of Directors. Page 54, Paragraph 2.b. • Add the following policy to the "Path System" paragraph: "The City of Meridian shall secure the right of public and recreational access for public use where City -designated public pathways are within irrigation district canal or drain easements or rights-of-way." Page 72 Replace Table VI -9, Roadway Projects Planned for Meridian and Impact Area, on Page 72 a reference to the latest Capital Improvements Program and Five Year Work Program as adopted by the Ada County Highway District and the TIP as adopted by Compass. Add a note supporting implementation of the Downtown Meridian Transportation Management Plan, which proposes a solution to the traffic situation on Main and Meridian roads in downtown Meridian. The new design is called the "Split Corridor" and will create a one-way traffic system between the I-84 interchange and approximately North Meridian Area CPA — Section E Page 2 Transportation/Infrastructure Text Amendment (Chapter VI) • 0 the railroad tracks with Main Street being northbound and Meridian Road being southbound. North of the railroad, the system will retain its two-way traffic movement. This project is described in more detail in the plan. Page 73, top of page • Add a new section as follows: TRANSPORTATION PLANNING IN THE NORTH MERIDIAN AREA Regional Transportation Planning & Cooperation 1. The City of Meridian will work together with the transportation authorities, specifically ACHD, COMPASS and ITD, to protect the US 20-26 and SH69 corridors as regional transportation routes and gateways to not only Meridian but also to Boise, Eagle, Star, Kuna, Nampa and Caldwell. 2. The City of Meridian will coordinate closely with ITD to determine the most appropriate alignment of the future SH 16 extension and to preserve appropriate rights-of-way for all state highways. We are committed to effective land use policies that preserve future transportation corridors. The City will protect the public's investments in existing and planned highways and separated grade interchanges. 3. The City of Meridian will coordinate closely with ITD, Ada County, Boise City, businesses, neighborhood groups and other stakeholders in the Eagle Road/SH55 corridor to implement the 2004 Eagle Road Arterial Study (prepared by Cambridge Systematics for ITD). 4. The 2030 Long -Range Regional Transportation Plan (administered by COMPASS) is hereby adopted by reference as part of Meridian's Comprehensive Plan. Key Transportation Assumptions • US 20-26 will be a limited access highway that retains a speed of at least 45 miles per hour. • A grade separated interchange is anticipated at the following intersections: SH16/US 20-26, SHI6/Ustick Road and SH16/Franklin Road. • Multi -modal centers will be encouraged near these interchanges • Future bus routes will be on the arterial grid and will primarily serve neighborhood centers • Ultimately, all arterial intersections and many half -mile intersections will have signal lights North Meridian Area CPA — Section E Page 3 Transportation/In&astructure Text Amendment (Chapter VI) • McMillan Road provides the best opportunity to create a North Meridian "community -oriented" transit boulevard, with emphasis on amenities and pedestrian - scale neighborhoods, services and character. Ustick and other roads are also appropriate corridors for future transit. Arterials 1. The section -line arterial roadway network shall serve as the basis for an efficient and cost-effective transportation system. 2. Arterial roadways shall be classified as principal or minor, based on the applicable Transportation Authority determinations for full build -out estimates. 4. Access control standards shall be implemented to improve traffic flow, to minimize the number of travel lanes, to accommodate drainage and to provide for pedestrian safety. o Primary access to arterials shall generally be provided at quarter and half -mile intervals with right-in/right-out access provided at intervening points. 5. Pedestrian safety must be balanced with efficient traffic flow. o Designated pedestrian crossings shall be provided at all signalized intersections. o Center medians, when constructed, shall provide "safety zones" for pedestrians. 5. Arterial intersection design alternatives are encouraged at key intersections that will assure traffic flow is balanced with pedestrian access and the viability of adjacent land uses. 6. Non-structural surface drainage areas are encouraged at key intersection between primary access points where roadways narrow. o Sidewalks shall be located behind such drainage areas, away from traffic lanes. Collectors and Backage Roads Figure VI -8.A, North Meridian Auto Circulation Map, is a map of planned collectors and backage roads in the North Meridian Area. This map is intended to replace Figure VI -8, Auto Circulation: Future Collector Streets, for the area between Ustick Road and Chinden Boulevard and west of Locust Grove Road. It also includes the expanded Area of City Impact boundaries north of Chinden Boulevard and west of McDermott Road. The map legend on Figure VI -8.A shows four different types of new roadways: Collectors, Preferred Collectors, Backage Roads and Preferred Backage Roads. The solid lines depict either existing or planned roads and the dashed lines depict the City's preferred or recommended location of future roads. North Meridian Area CPA — Section E Page 4 Transportation/Infrastructure Text Amendment (Chapter VI) • 0 Special Notes for Implementing Figure VI -8.A, North Meridian Auto Circulation Map: The two collectors shown on the north side of US 20-26 at half -mile locations are called -out as key access points to collect future local road traffic. However, this figure does not imply that the City of Meridian will approve future developments which do not take into consideration access needs for development north of the Phyllis Canal. It is fully expected that the City of Meridian will require at least two stub streets to ensure parcels north of the canal have access to US 20-26. Concern has been expressed that the backage roads should be continuous for the entire length of US 20-26, but are not shown as such on the map. We therefore note the City's intent to require continuous connectivity parallel to Chinden. The backage roads noted on the map relate to non-residential uses and are not intended for front -on housing. The other parallel connections that are not shown on the map could have front -on housing if determined appropriate by ACHD based on projected traffic counts. Such connections should also be reasonably direct and not overly circuitous in order to give local traffic an option to using Chinden for local trips and to access signalized intersections. Additional descriptions and policies for each category are listed below: Collector Roads (solid blue lines) 1. Intersections of new collectors and Chinden Boulevard/US 20-26 shall be limited to one per mile and located as close to the half mile as feasible. 2. Intersections of new collectors and arterial roads shall be located as close to the half mile as feasible and, where needed, as close to the quarter mile as feasible. 3. Where a new collector (solid line) falls entirely within the boundaries of a proposed development, the developer shall be responsible to construct the roadway to an ACHD-approved collector road standard and as close to the depicted location as possible. 4. Collectors shall be designed to provide efficient traffic movement from neighborhoods to the arterial system while maintaining the integrity and internal accessibility of neighborhoods. 5. Collector roadway restrictions shall be required only from the point where internal street trip counts exceed local street standards to the arterial roadway. 6. Where alternate means of vehicular access to the collector are provided (e.g. alleys), front -on uses and housing on the collector are encouraged. This policy is intended to promote more attractive collectors with uses oriented to the road and to discourage any "tunnel effect" created by lining the street with fences. 7. Where the collector falls on a shared property line, the developer shall have the option to either construct the full roadway on his/her property or construct only the minimum street section necessary for that development. In the latter case, the adjoining property owner must agree in writing to dedicate the balance of the required collector right-of-way to ACHD at the same time. 8. The intent of constructing a collector "loop" near the intersection of two arterial roads (especially where commercial or mixed use designations are shown) is to North Meridian Area CPA — Section E Page 5 Transportation/Infrastructure Text Amendment (Chapter VI) n U 0 reduce intersection congestion and to provide primary vehicular access off of the collector. The City will generally discourage direct access to arterials within 500 feet of an arterial intersection where a collector and/or local commercial road can be provided. Preferred Collector Roads (dashed blue lines) 1. These lines represent more generalized locations of future collectors where the planned land uses will likely warrant construction of a more limited access road (e.g. medium to high density housing, community park, etc.). The purpose is to create a more predictable and functional street circulation system and to encourage direct access to commercial services from within the same section without needing to use the arterial roads. 2. Developments in areas where preferred collectors are shown should incorporate a collector road in the site design or accomplish similar circulation goals through an alternative method. 3. When collectors are constructed in these locations, the collector road standards listed above shall apply. Backage Roads (solid green lines) 1. Backage roads are intended to serve primarily non-residential land uses that front onto a state highway. They differ from frontage roads in that buildings, landscaping or other uses are to be constructed between the highway and the road. 2. The purpose of these roads is: 1) to facilitate ITD's and the City's limited access policies to state highways and 2) to effectively move traffic from the highway to the businesses and other uses that front state highways. 3. Residential uses should not have direct vehicular access to backage roads so as to prevent cut through traffic or other potentially unsafe traffic conditions. 4. Backage roads are strongly encouraged to be public but may be private where it is clearly demonstrated that trip generations and travel patterns will not benefit from a public facility. 5. Where a backage road is private, cross -access agreements with adjacent properties will be required to accomplish the desired circulation goals. Preferred Backage Roads (dashed green lines) 1. These lines represent more generalized locations of future backage roads where the planned land uses will likely warrant their construction. 2. Developments where preferred backage roads are shown should incorporate them in the site design or accomplish similar circulation goals through some alternative method. 3. When backage roads are constructed in these locations, the standards listed above for backage roads shall apply. North Meridian Area CPA — Section E Page 6 Transportation/Infrastructure Text Amendment (Chapter VI) 0 Public Transportation 1. Land use patterns and residential densities along McMillan Road, east of McDermott Road, shall encourage future public transportation as North Meridian's "community -oriented" corridor. Transit is also supported along other roads, such as Ustick, Linder and others. 2. Public transportation facilities will be planned with Valley Regional Transit (VRT) and "stops" shall be provided in designated activity centers, particularly neighborhood centers, throughout the City. 3. North/south arterial linkages to east/west public transportation routes will be designated. Future State Highway 16 Corridor Area Purpose & Intent The City of Meridian supports the Idaho Transportation Department's (ITD) plan to extend SH 16 from SH44 to I-84. The City's preferred alignment, after crossing south of the Boise River, is to follow the existing McDermott Road right-of-way south to I- 84. It is the City of Meridian's intention to limit annexations and new development within the McDermott Road area until a plan is approved that specifies the SH 16 right-of-way location and the associated right-of-way acquisition needs. The City is concerned about the fiscal, environmental and general quality of life effects that a new state highway can have upon existing and future citizens. We find it is in the best interest of the city to protect the McDermott Road area from development until more details are known about the size, location, function and land use impacts of this regional transportation facility. The City supports the following policies listed in COMPASS's 2030 long-range transportation plan (limited update) regarding transportation corridor preservation: a. COMPASS will coordinate with the cities, Ada County, the Ada County Highway District, and the Idaho Transportation Department to improve plans' and ordinances' abilities to preserve needed rights-of-way through adequate setbacks. b. COMPASS will work with local and state elected officials to increase funding for long-term preservation of rights-of-way, which could substantially reduce future costs and reduce conflicts with neighborhoods and businesses. One option to be considered should be a dedicated fund restricted to rights-of-way preservation. North Meridian Area CPA — Section E Page 7 TransportationAnfrastructure Text Amendment (Chapter VI) n Li c. COMPASS will support, in coordination with the Idaho Transportation Department and/or the Ada County Highway District, a study to identify specific alignment of the west county river crossing to align with State Highway 16. Support for McDermott Road Alignment The City of Meridian supports the McDermott Road alignment for the following reasons: • Instead of dividing our community at Ten Mile Road or Black Cat Road, the state highway would be located at the edge of our Area of Impact --which would separate Meridian from Nampa and Ada County from Canyon County (south of Ustick Road). Although the highway would divide the four square miles west of McDermott Road from the rest of Meridian, the City believes this area is large enough to still be blended with the Meridian community. • The obstacles to preserve sufficient right-of-way and to limit development and curb cuts along McDermott Road are fewer than along Ten Mile Road or Black Cat Road. • There are fewer existing parcels to negotiate future right-of-way purchase from and the highway impacts fewer property owners in the McDermott Road corridor. • A McDermott Road alignment fits the logical progression of freeway interchanges at two-mile spacing along I-84 (i.e. Meridian, Ten Mile, McDermott, Garrity). Guiding Policies • The City of Meridian supports a collaborative, public-private partnership with property owners, ITD, Ada County, Canyon County, adjacent cities and other affected parties to identify a preferred alignment for the future SH 16 extension. The City sees itself as a partner in this effort, with the Idaho Transportation Department likely in the lead role once funding for the corridor has been determined. The City of Meridian encourages Ada County to adopt the City's access management policy for the future SH 16 (from Title 11, Chapter 3, Article H of Meridian's Unified Development Code) pertaining to development within Meridian's Area of Impact that precedes annexation. This policy states that no access shall be allowed except at specific interchange locations as established by the Idaho Transportation Department. Page 76, after Section C, "Water" ■ Insert a new paragraph called "Drainage" and re -label numbering: "The handling of storm water drainage presents an ever-present challenge for both the public and private sectors. The Ada County Highway District has completed drainage studies for portions of Meridian's Area of Impact and is studying additional North Meridian Area CPA — Section E Page 8 Transportation/M&astructure Text Amendment (Chapter VI) r�L areas. Given the topography and water table, alternatives for handling of surface drainage are limited. The implications are significant. If subsurface solutions are not available, then large areas of land will be consumed for drainage facilities. Those areas could serve jointly as open space and storm water facilities, if designed to handle the low-volume storms without restricting the area's use for other purposes, including recreation. The use of natural and existing constructed drains for storm water must be explored, and standards established to make the use of such drains a feasible alternative to the consumption of large areas of land. This is an area where cooperation between the public agencies and development community is needed. The City will apply the following general policies when reviewing new developments and drainage: 1. Drainage solutions shall be formulated to address the requirements of the public (City of Meridian and ACHD), irrigation/drainage districts, and the development community. 2. Solutions may include subsurface or surface facilities, and discharge into drains. • "Non-structural" drainage bio-swales along the arterial roadways may minimize "regional" solutions and reduce costs. • Surface facilities may include public and private open space areas where design for low-volume events enables the use of the area for its primary purpose of recreation or other open space activity. 3. The public agencies (City, County and / or ACHD), in concert with the development community, will work with the irrigation/drainage entity to resolve issues of liability and discharge standards for drainage from public rights-of-way and facilities, including local streets." Page 79, Goal II, Obj. A Add a new policy (#17) as follows: "At a minimum, collectors must extend in a generally straight line for 200 to 400 feet beyond the intersection with an arterial. Beyond that point, the alignment of the collector is flexible. A public street system should be continuous through the full mile section. This does not preclude the use of traffic calming measures, nor does it imply the roadway has a straight alignment." North Meridian Area CPA — Section E Page 9 Transportation/Infrastructure Text Amendment (Chapter VI) SECTION F NORTH MERIDIAN AREA CIRCULATION PLAN MAP NOVEMBER 2005 (see attached) 1] 0 North Meridian Auto Circulation Map Figure VI - 8. A. .. I ... ...... •�..- 5 .� .� . r ... ..... W CHINDEN BUp W CH E CHINDEN BLVD 2, ■ ■ `'m+moo w m RD F _!9 mCtal RD E MCmI RD A z Z Z a � W � c ZZ !S J Z■ US ■ ..... .. W CK RD . ■ . _ W UanCK RD - r ---- -- -__ __ EU TIM RD Legend a N ' Backage Road — SECTION LINE Meridian Impact Boundary/VLiY1�16t11 �_— Preferred Backage Road — URBAN COLLECTOR Meridian City Limits W E 0 0.25 0.5 1 Mlles Collector Road -- PRINCIPAL ARTERIAL Approved Subdivisions S I I I 1 1 1 1 1 1 ®od Preferred Collector Road — MINOR ARTERIAL Date: 224106 • SECTION G LAND USE TEXT AMENDMENT (Chapter VII) (Unless otherwise noted, all of the following text is new and, if approved, will be incorporated into Chapters VII of the 2002 Comprehensive Plan in the sections as specified in the boxes. Page numbers refer to the existing Plan) Page 92, Urban Service Planning Area (USPA) • Insert changes from Resolution No. 03-401. • Add a reference to the USPA being expanded to match the proposed Area of City Impact (AOCI) boundary, if approved by Ada County. Page 93, Figure VII -2 • Insert the amended Future Land Use Map • Amend Note #2 on the Future Land Use Map as follows: "2. In residential areas, other residential densities will be considered without requiring a Comprehensive Plan Amendment. However, the density can only be changed one "step" (i.e. low to medium, not low to high, etc.). This "one sten" policy will not apply to the "Low Density Residential" land in Sections 30, 31 and 32 of TAN, R.1 W. These areas must be developed as low density." Insert a new "Residential" policy as follows: North Chinden Area: Residential uses north of Chinden Boulevard and within a 1/ mile or less from the rim should have lot sizes ranging from %Z-1 acres, ensuring compatibility with SpurWing Country Club to the east. Use of transitional lot sizes and clustering of smaller lots adjacent to the non-residential and rim property is encouraged. Page 97, Mixed Use para. • Amend first sentence to read, "There are thme five sub -categories of the Mixed Use designation." (This correction adds the "WWTP" and "Interchange" designations.) Page 98, top of page, before "MU -Neighborhood" • Insert new, mixed use policies that apply to all MU areas as follows: North Meridian Area CPA — Section G Page 1 Land Use Text Amendment (Chapter VII) • A mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use. Exceptions may be granted for smaller sites on a case-by-case basis. In addition to the principal use, other qualifying mixed uses may include community facilities such as a school, public park, civic building or public safety facility. All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. Page 98, bottom of page, below "MU-WWTP" • Insert a new section as follows: Mixed Use -Interchange. The purpose of this category is to designate areas for construction of future SH 16 interchanges and to designate land that will have a high degree of visibility and be served by highway interchange ramps and restricted local access. These three areas (located at US 20-26, Ustick Road and Franklin Road) differ from the other mixed use categories in that a much stronger emphasis will be placed upon gateway elements and traffic flow/trip generation factors when reviewing new land use applications. Uses in these areas will need to be compatible with the impacts of a freeway interchange. However, these areas are not intended for high volume retail or uses that are better suited in the neighborhood centers or commercial areas. The intention is to protect the immediate vicinity of the interchange from traffic conflicts and shift the high traffic -generating uses closer to local road access points. The following standards and policies will apply to this category: • The following types of land use themes are envisioned at the three interchange locations along SH16: o US 20-26: Commuter Services, Technology/Research, Business Park o Ustick Road: Educational, Civic, Light Retail, Residential o Franklin Road: Trucking and Freight, Light Industrial, Hospitality • Land uses within the MU -Interchange areas and adjacent to the SH 16 corridor should be carefully examined for their potential impacts on existing and designated neighborhood centers and commercial activity areas. Discourage creation or establishment of uses deemed more appropriate to activity centers. • Vehicular access points should be prohibited within a 1/ mile or more of the interchange ramps. Future uses should be planned to integrate with the backage road circulation system shown on Figure VI -8.A. • The City supports the development of Specific Area Plans for each of the interchange areas. Such plans should be done in cooperation with landowners and other affected parties. • Any new development at or near interchange areas should promote a nodal development pattern where buildings are clustered, off-street parking is screened in the rear of the parcel and, where practical, inter -connected to adjoining parcels. North Meridian Area CPA — Section G Page 2 Land Use Text Amendment (Chapter VII) • The SH16/US 20-26 interchange will be one of only two regional gateways to the City of Meridian for travelers coming from north of the Boise River (the other being Linder Road). As such, buildings, landscaping and other design features at this interchange need to reflect Meridian's heritage, quality and character. • Design of the SH16/US 20-26 interchange and the adjoining land uses must give special consideration to the more scenic and environmentally sensitive area on the north side of US 20-26. The more intensive land uses should be sited on the south side of US 20-26. • Regional ridesharing, park-and-ride and transit transfer facilities are encouraged within the SH16/US 20-26 interchange area. • The MU -Interchange area at Ustick Road, west of SH 16, should minimize retail and auto -oriented services and transition rapidly from the interchange to the more rural, low density character intended along the county line. Examples of uses include middle or high schools, post office or library branches, office uses, rowhouse/patio home developments, athletic clubs, etc. Page 100, top of page, before Table VII -4 • Add three new sections: Regional Planning & Cooperation 1. The City of Meridian is committed to fulfilling the terms of its Area of City Impact agreement with Ada County as well as similar agreements of neighboring cities, including Eagle, Kuna, Star and Boise. We also note the City's intent to continue negotiations with surrounding cities on area of impact expansions. 2. The City of Meridian intends to enter into an inter -local agreement or Memorandum of Understanding with neighboring cities agreeing not to annex into approved Areas of City Impact of those cities. 3. The City of Meridian will cooperate with the City of Eagle to notify them of any development applications being processed along our shared boundary, especially US 20-26/Chinden Blvd. Future State Highway 16 Corridor Land within the future SH 16 corridor (to be identified in cooperation with the Idaho Transportation Department, property owners and other agencies) will be protected from strip commercial zoning and development. The City does not intend to strip zone land adjacent to the future highway for non-residential uses. Such uses will be targeted to key intersections and where vacant or surplus commercial space is already available and zoned. North Meridian Area CPA — Section G Page 3 Land Use Text Amendment (Chapter VII) • 0 Transit Friendly Development ■ The City will consider the option of reducing development application and/or building permit fees for projects that incorporate features which enhance alternative transportation and are transit friendly. Said developments are envisioned within designated neighborhood centers and/or within commercial activity centers. Said developments must incorporate the following development and design principles: - A mix of land uses - Buildings are oriented to provide the maximum level of service to pedestrians, bicyclists and transit users - The development constructs alternative transit features such as a bus shelter (where approved by ValleyRide), bicycle locker facilities, a park and ride lot or similar facilities - Residential densities are at least 8 dwelling units per acre and designed to comply with the Traditional Neighborhood design standards in the Unified Development Code ■ Park and ride lots and other transit -supportive facilities are encouraged at interchanges throughout the City. Valley Regional Transit and Ada County Highway District Commuteride should be partners in determining appropriate facilities at each interchange. Page 100, Table VII -4 • Update table with data reflecting the expanded AOCI Page 102 —109, Goals, Objectives & Actions • Insert all applicable "Action" policies from above into this section and into Table VIII - 1 (in Chapter VIII) North Meridian Area CPA — Section G Page 4 Land Use Text Amendment (Chapter VII) • 0 SECTION H AMENDED FUTURE LAND USE MAP NOVEMBER 2005 (see attached) • March 10, 2006 • AZ 05-055 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Dyver Development, LLC ITEM NO. 5-H REQUEST Development Agreement — Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zones for Ambercreek Subdivision — North Meridian Road and West McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Development Agreement Contacted: V J Date: l3& Phone: Emailed: SGd�er� /Q[�,��ctf` 1�5t Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. 2364 S. Titanium Place Meridian, ID. 83642 Phone (208) 895-8858 Fax (208) 895-0714 Transmittal INk"Tae City of Meridian Attention: Tara Green Deputy City Clerk Check #e Land Pro Development, Inc. Elf C E V MAR — 8 2000 GI T Y OF MERIDIAN -"'lTY CI FRK Tai'=►C�[ Froom Mike Harris Date: Tuesday, March 07, 2006 Anreunb $ Ito Ambercreek Subdivision CC: Development Agreement 0 Contracts for 0 For Review 0 Dacmneets for 0 Please Reply • Conmients: Signed agreement from Dyver Development, LLC. Thank you, Mike Harris ...... 695-3201 Project Manager Received By: 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 CITY OF �Y1�1G�"YI IDAHO `S'F'r %Mc TkE:\SURE �rV�' Y SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton March 1, 2006 Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Bobi Ulrich City Attorney/HR Bailey Engineering, Inc. 703 Main street 1500 East Iron Eagle Drive 898-5506 (City Attorney) 898-5503 (HR) Eagle, ID 83616 Fax 884-8723 Re: Development Agreement — Ambercreek Subdivision Fire 540 E. Franklin Road AZ 05-055 888-1234/fax 895-0390 Parks & Recreation Dear Ms. Ulrich, 11 W. Bower Street 888-3579 / fax 898-5501 Enclosed please find the original Development Agreement for Ambercreek Planning Subdivision, which is ready for your review and signatures of the 660 E. Watertower Lane appropriate parties. Please sign where indicated and return to the City of Suite Meridian City Clerk's Office for placement on the next available City 303 /fax 888-6844 Council Agenda for approval. Police 1401 E. Watertower Lane Please call me ifou have an questions at 208-888-4433. y y 888-6678/fax 846-7366 Public Works E. ertower Lane Sincerely, 8/ ax 895-9551 !Eing Jw,-alu'W-) 660 E. Watertower Lane Suite 150 Tara Green 887-2211 / fax 887-1297 Deputy City Clerk - Wastewater 3401 N. Ten Mile Road enc. 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street �. �, p� �". In 888-5242 / fax 884-1159 l (•"tf4 0 3 Zoos 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 ADA COUNTY RECORDER J. DO NAVARRO AMOUNT .00 45 BOISE IDAHO 03/3o/06 02.02 PM DEPUTY Neave Haney III IIIIIII'II'I�II'IIII"IIIIII'll'll RECORDED —REQUEST OF Meridian City 106048481 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Dyver Development, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement'), is made and entered into this day of !'h.Art,�� , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Dyver Development, LLC., whose address is 36 East Pine Avenue, Meridian, Idaho 83642 hereinafter called "OWNER/DEVELOPER". 1 • RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION PAGE 1 OF 10 • 0 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 28'' day of February, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings'); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use ofthe "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2• INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION PAGE 2 OF 10 0 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Dyver Development, LLC., whose address is 36 E. Pine Avenue, Meridian, ID 83642 the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8 (Medium Density Residential) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11_ 2:ZDJ winch are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the R-8 zone, and the pertinent provisions of the City ofMeridian Comprehensive Plan are applicable to thisAZ 05-055 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated October 24, 2005, and shall be required to obtain the "City"' approval thereof, in accordance to the City's DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION PAGE 3 OF 10 Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 6.1.1 That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 6.1.2 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 6.1.3 That the applicant be responsible for all costs associated with the sewer and water service extension. 6.1.4 That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 6.1.5 That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 6.1.6 That five-foot wide sidewalks and street buffers, constructed in accordance with City Code, be installed along McMillan road and Meridian Road prior to occupancy of any new dwelling units. DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDMSION PAGE 4 OF 10 11 • 6.1.7 That on public street access will be allowed to McMillan road and one public street access will be allowed to Meridian Road; direct lot access to McMillan Road and Meridian Road shall be prohibited. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owners/Developers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION PAGE 5 OF 10 10.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure _ may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION PAGE 6 OF 10 • limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17• NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: C/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Dyver Development, LLC. 36 E, Pine Avenue Meridian, ID 83642 DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION PAGE 7 OF 10 0 0 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22• FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION PAGE 8 OF 10 provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re -zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. , OWNER /D VELOPER DYVER D VELOPM,ENT, LLC. AT CITY OF MERIDIAN 1AYQR T de WEERD Attest: 6 �r M a WILLIAM G. BERG JR DEVELOPMENT AGREEMENT (AZ 65-055)AM 3ERCREEK SUBDIVISION PAGE 9 OF 10 STATE OF IDAHO, ) ss: County of Ada, ) On this It" day of rf\&''ch , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared (20-1 known or identified to me to be the of Dyver Development, LLC., and to me that he executed the -samd on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL)®T'4j, ,$,o (1 1�6I�1-t2 Notary Public for Idaho a fY� .e Residing at: My Commission Expires: b •-�_�� � STATE OF IDAHO ) ss County of Ada ) On this day of L , 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. 0 1 6oS��U�� (SEAL) 1 Notary Public for Idaho Residing at: yyllGaca.��� s •� �,,�• Commission expires: 10 -15 - DEVELOPMENT 0•-9S DEVELOPMENT AGREEMENT (AZ 05-055) AMBERCREEK SUBDIVISION PAGE 10 OF 10 u Exv,►bt +'t ^ E Lguw JMM��Qa AQb A parcel located In the NE ''14 of the NE �/. at Section 36, Townsh 4 Baf8s Meridian, Ada County, Naha. and more particularly described aPbfollows: l nee 1 West. COm"n from Which � a al a brass cap Monument maddng the northeast NE %,bears N 89 � f 8• Inch W a er iron pin marking the north 00tner o► said Sin 36, distance of 1340.89 feet;t at Sall WE �/4 of the Thence N 89'54'16' W along the northerly boundary of said NE 'A Of the NE r /• of 290.00 feet to a W8 inch diameter iron pin end the POINT OF BEgINNINt3; a distance Thence leaving said northerly boundary Ift t diameter Iron pin; S 0V2'5 2' W a of 834.83 feet to a 518 Thence S 89'54'16" E a distance of 290.00 feet to a easterly boundary 5l8 Inch diameter Iron pin on the Thence of said NE r/4 of the NE I/,; diameter along ongsaid machin dy boundary S OTZ52" W a distance of 495.36 feet to a 5/8 inch 9 the wutheast corner of said NE r/4 of the NE V4; Thence N 89°45'18" W along the southerly boundary of said NE r/4 of the NE 'Aa distance Of 1340.60 feet 10 a 5/e Inch diameter Iron pin marking the southwest [nfrnar of Of the NE y.; said NE V. Thence N 0 to a E abng the westerly boundary of said NE r/4 of the NE A a distance of f 326,70 feet to a 518 the NE +/.; inch diameter iron Pin marking the no"hwSXI corner of said NE /,of Thence S 89 °64'16' E along the northerly boundary of said NE �/4 Of the NE 1/4 a distance of 1080.89 feet 10 the POINT OF BEGINNING. This parcel contains 35.33 acres and Is subject 10 any easements existing or In use. Clutton W. Hansen, PLS Land Solutions, Pt; Rt3vlsed - September 29, 2005 RRLN& OCT r 2061 7w -i�. ,.m. pnvaw ,ob.os-ez • • K , -11"V A _t CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 35.33 acres from RUT (Ada County) to R-8 (Medium -Density Residential) AND Preliminary Plat approval of 175 single-family residential building lots and 16 common lots on 35.33, by Dyver Development, LLC. Case No(s).: AZ -05-055 and PP -05-057 For the City Council Hearing Date of. February 14, 2006 A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 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 Mer dian City Code § CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-055 / PP -05-057 - PAGE 1 of 4 0 0 - 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary platand th Conditions of Approval all in the attached Staff Report for the hearing date of February, e 14, 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 October 10, 2005 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. The Council added a Develo meat A Bement rovision that reflected the applicant's willingness to voluntarily construct a edestrianathwa alon diang McMillan Road from Ambercreek Wayto the McMillan athwa er. Road intersection (see Section 10 1 of the Staff Report for the Hearing Date of February 14 2006) 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 14, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combinedrelimin ary 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) Preliminary Year of the combined p ary and final plat or short plat. In the event that the develoment of p 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-055 / PP -05-057 - PAGE 2 of 4 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 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 I . 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 February 14, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-055 I PP -05-057 - PAGE 3 of 4 By action of the City Council at its regular meeting held on the day of 194, q 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: e VILLIAM G. BERG, JR., Copy served upon: VOTED 3 x. ?de WEERD R� ✓ Applicant .� Planning Department Public Works Department ✓ City Attorney By. lig- Dated:_.) -a City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-055 / PP -05-057 - PAGE 4 of 4 CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HEARINOTE OF FEBRUARY 14, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 2/14/2006 Mayor and City Council C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 0 V 7' 4 _ , �A rt �,SrUa, Ambercreek Subdivision - AZ -05-055 Annexation and Zoning of 35.33 acres from RUT (Ada. County) to R-8 (Medium -Density Residential). PP -05-057 Preliminary plat approval of 175 single-family residential building lots and 16 common lots on 35.33 acres in a proposed R-8 zone. L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dyver Development, LLC, has applied for Annexation and Zoning (AZ) to R-8 (Medium -Density Residential) for 35.33 acres of property currently zoned RUT in Ada Count The site is located on the west side of Meridian Road and on the y. south side of McMillan Road. This site is currently vacant and being used for agricultural purposes. The site has not been Previously platted. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on December 15, 2005 and January 5, 2006. At the January 5, 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Kevin Amar (applicant's representative) ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Constructing sidewalk along McMillan Road and Linder Road with the first phase of the development. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. A new middle school will be built at the northeast comer of Meridian Road and McMillan Road in 2007. The Meridian Transportation Task Force has concerns about the lack of sidewalk connectivity between this subdivision and the new middle school. The Task Force requests that the City Council discuss with the applicant the possibility of constructing an off-site sidewalk from Meridian Road to their east property line. As proposed by the Planning & Zoning Commission the subject applicant is required to construct sidewalk along their frontage, prior to issuance of the first building permit. The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. The Ambercreek Subdivision AZ-05-055/PP-05-057 PAGE CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HEARINJOATE OF FEBRUARY 14, 2006 construct a pedesrian Pathway alnncr McMillan Road�to the Meridian Road intersections Section 10.1 of the Staff Report) see 3. PROPOSED MOTION (to be considered after the public hearing) Approve After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 05 -055 and PP -05-057 as presented in Staff Report for the hearing date of February 14, 2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 05 -055 and PP -05-057 as presented in the Staff Report for the hearing date of February 14, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ -05-055 and PP -05-057 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: N. Meridian Road, near the southwest corner of Meridian Road and McMillan Road / 4N1 W36 b. Owner: Dyver Development, LLC 36 E. Pine Avenue Meridian, Idaho 83642 c. Applicant: Dyver Development, LLC 36 E. Pine Avenue Meridian, Idaho 83642 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 35.33 acres to R-8 and Preliminary plat approval of 175 single-family buildable lots and 16 common lots. The applicant is proposing a mix of alley_ loaded lots (90 lots) and standard, street4oaded single-family lots (85 lots). All of the Ambercreek Subdivision AZ-05-055/PP-05-057 PAGE 2 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HEARIIOATE OF FEBRUARY 14, 2006 Proposed lots conform to the dimensional standards of the R-8 zone. The average lot size in the proposed development is 5,000 square feet. The gross density of the project is 4.95 dwelling units per acre. The applicant is requesting a step-up in density, to medium, for this project (see Comprehensive Plan Policies and Goals below.) Nearly twelve percent (approximately four acres) of the site is being set aside for open space; six percent (approximately two acres) of the site is being set aside for useable open space. In addition to the open space, a tot lot, picnic area, pathways and detached sidewalks are proposed as amenities in the subject development. 1. Date of preliminary plat (attached as Exhibit Al): 10/10/05 2. Date of landscape plan (attached as Exhibit A2): 10/13/05 h. Applicant's Statement/Justification: The enclosed applications have been submitted in accordance with the requirements of the Meridian Zoning Ordinance. As a result, this application does not include a request for variance or deviation from the Ordinance. The development has also been designed to be in compliance with the intent of the Meridian Comprehensive Plan. In conclusion, Ambercreek Subdivision will be a quality and compatible addition to this area of Meridian. The development is adjacent to similar residential developments, and provides consideration to future properties with proposed stub streets. The requested zoning to R-8 is incompliance with the City's Comprehensive Plan and will benefit the public interest by providing a mix of desirable housing needs to this area o the City while allowing for the continued improvement and expansion of city services and an increase in the City's tax base. A variety of housing styles and sizes has been achieved, along with usable open space and amenities, while maintaining an appropriately compatible density (please see Applicant's Submittal Letter.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a Preliminary 1 at as Ordinance. By reason of the provisions of the Meridian City Code Titldetermined Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: November 28 and December 12, 2005 (for P & Z Commission hearing) and January 23 and February 6, 2006 (for City Council hearing.) d. Radius notices mailed to properties within 300 feet on: November 18, 2005 (for P & Z Commission hearing) and January 20, 2006 (for City Council hearing.) e. Applicant posted notice on site by: December 5, 2005 (for P & Z Commission hearing) and February 3, 2006 (for City Council hearing.) 6. LAND USE a. Existing Land Use(s): The subject property is currently vacant and is being used for agricultural purposes. b. Description of Character of SurroundingArea: northeast have not been annexed. h and The poperty to the east aThe cross Meridian Roaels directly to d,ohias not been annexed or platted. To the north, across McMillan Road, are the previously approve multi- family and commercial uses within the Paramount development. The City -approved Cedar Ambercreek Subdivision AZ-05-055/PP-05-057 PAGE CITY OF MERIDIAN PLANNEOEPARRTMENT STAFF REPORT FOR THE HEARIATE OF FEBRUARY 14, 2006 Springs North Subdivision is directly west of the subject site. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Future multi -family and commercial uses approved with Paramount Subdivision, zoned R-40 and C -G 2. East: Rural residential, zoned RUT (Ada County) 3. South: Rural residential, zoned RUT (Ada County) 4. West: Future phase of the Cedar Springs Development, zoned R-8 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is in W. Red Rock Drive from Cedar Springs. Location of water: Water is readily available in W. Red Rock Drive from Cedar Springs and in N. Meridian Road. Issues or concerns: Staff has concerns about the 5 -acre parcel (Parcel No. SO436110015) all sewering to the stub to the north. 2. Vegetation: There are no existing trees on this property that need to be mitigated for. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: The Lemp Canal runs along the northern boundary ofs site. It would take a 72 -inch pipe to contain the Letup Canal. Consistent with previous thi Council action in this area, staff recommends that the Council not require the applicant to tile the Lemp Canal. All irrigation ditches, laterals and canals, except for the Lemp Canal, should be tiled when this property develops. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: R-8 (Medium -Density Residential) 7. Size of Property: 35.33 acres f. Subdivision Plat Information: 1. Residential Lots: 175 2. Non-residential Lots: N/A 3. Total Building Lots: 175 4. Common Lots: 16 5. Other Lots: N/A 6. Total Lots: 191 7. Gross Density: 4.95 units per acre (net 8.7 d.u./acre) g. Landscaping 1. Width of street buffer(s): A 25 -foot wide street buffer is required along both Meridian Road and McMillan Road, arterial streets (UDC 11-2A-5). The applicant is Ambercreek Subdivision AZ-05-055/PP-05-057 PAGE 4 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HEARINOATE OF FEBRUARY 14, 2006 Proposing a 25 -foot wide landscape buffer along Meridian Road and a 60 -foot wide landscape buffer along McMillan Road. The entire landscape buffer along McMillan Road is encumbered by an Idaho Power Company Easement. If Idaho power does not allow trees within their easement as ro osed by the licant the a licant should be reouired to widen the landscape buffer an additional 5 feet so that trees can be constructed along McMillan Road (see UDC 11 -3B -5J and UDC 11-3B-7). Staff is generally supportive of the street buffer widths proposed. Street buffers are not required on any of the internal, construct 8 -foot wide planter stlocal streets. However, the applicant is proposing to rips between the back of the curb and the face of the sidewalk on the internal streets. Staff is supportive of the proposed street section design. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 4.06 acres/11.5% (including street buffers) and 2.27 acres/6.4% (excluding street buffers). 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. Amenities: 6.4% useable open space, tot lot, BBQ and picnic area, and micropaths to private park site. i. Off -Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have a 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-8 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 4 4 Rear 12 12 Frontage (garage facing street) 50 50 Frontage (alley loaded garage) 40 40 Lot Size (garage facing street) 5,000 5,000 Lot Size (alley loaded garage 4,000 4,000 k. Proposed and Required Non -Residential: N/A 1. Summary of Proposed Streets and/or Access: The applicant is proposing one public street access to McMillan Road and one public street access to Meridian Road. All of the internal streets are local streets with a 34 -foot wide street section (measured back of curb to back of curb) and contain sidewalks that are detached 8 feet from the back of curb. The applicant is proposing to construct alley loaded units on four blocks. The alleys are also proposed to be dedicated to ACRD as public alleys and contain a 16 -foot wide pavement Ambercreek Subdivision AZ-05-055/PP-05-057 PAGE CITY OF MERIDIAN PLANNI*EpARTMENT STAFF REPORT FOR THE HEARINOATE OF FEBRUARY 14, 2006 section within 20 feet of right-of-way. Staff is supportive of the proposed street system. The ACRD is r uirin traffic calmin devices aloeg Red Rock Drive and Elsinore Avenue- a turn lane on McMillan Road- widenin09, of Meridian Road ab---' site and construction of sidewalk along both McMillan Road and Meridian Road For a detailedd report on all of ACHD's conditions, please see the ACI1D report and Exhibit B. 7. COMMENTS MEETING On November 23, 2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Pre family lots on 35.33 acres for a gross density of 4.95 dwelling units/acre.hmlAs aU 175 y Note on the face of the Future Land Use Man_ the :.. Dens --v Residential use. NOTE: The designation of the subject site on the ComprehensiLow ve Plan Future Land Use Map is proposed to be amended to "Medium Density Residential" with the current North Meridian Area Comprehensive Plan Amendment scheduled to be on the January 17, 2006 City Council agenda. If (NMA N ved by)t The N s Council, i CPA is recommended by the Commission, this area would not need the step up in density, it would comply with the new map designation. Chapter VII, Goal in, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. Ken the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently_ owned and maintained by the Ada County Highway District (ACRD), pais 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. Ambercreek Subdivision AZ-05-055/PP-05-057 PAGE 6 CITY OF MERIDIAN PLANNAPARTMENT STAFF REPORT FOR THE HEARINI& OF FEBRUARY 14, 2006 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 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend an approved stub street from Cedar Spring North (Sage Spring/Red Rock Drive), and provide an additional stub to the conceptual attached phase of Cedar Springs North (Peach Springs Drive.) The applicant is also proposing a stub street, Elsinor Avenue, to the unplatted property to the south and a stub street, Havasu Falls Drive, to the unplatted property to the northeast. To further enhance connectivity in this area, staff is recommending that the Elsinore Avenue stub location be moved approximately 200 -feet to the east, and that an additional stub be provided from Lava Falls Drive to the 5 acre parcel directly northeast. See Analysis below and Exhibit B for more details. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. A six-foot tall closed fence has been proposed around the entire perimeter of the development. encing should be constructed around the perimeter of this site. Prior to house construction, f Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct detached sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. Staff is supportive of the proposed pedestrian connections to adjacent properties. Due to the anticipated construction of the middle school on the northeast corner of McMillan Road and Meridian Road, staff recommends that the detached sidewalks along McMillan Road and Meridian Road be constructed with the first phase of the development. See Analysis below for more information. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development Ambercreek Subdivision AZ-05-055/PP-05-057 PAGE 7 CITY OF MERIDIAN PLANNIN&ARTMENT STAFF REPORT FOR THE HEARINGOE OF FEBRUARY 14, 2006 to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal 1V, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. One public street access to McMillan Road and one public street access to Meridian Road are proposed. Direct lot access to McMillan Road and Meridian Road should be prohibited 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, east and west and the future multi familcommercial area, which are across y and McMillan Road to the north, 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-8 zone. Cedar Spring North Subdivision obtained an R-8 zone and Paramount Subdivision obtained R-8, R-40, L -O and C -G zoning. 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. Due to the higher density phases approved directly to the west in Cedar Springs, and to the north in Paramount Subdivision, staff believes that the proposed density and zoning for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single-family homes as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: R-8 Medium -Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of - dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. Ambercreek Subdivision AZ-05-055/PP-05-057 PAGE 8 CITY OF MERIDIAN PLANNIN*PARTMENT STAFF REPORT FOR THE HEARING& OF FEBRUARY 14, 2006 10: ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on September 29, 2005 by Clinton W. Hansen, PLS) shows the properly as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Perimeter Sidewalk: In 2007, a middle school (Heritage Middle School) is planned to open on the northeast corner of Meridian Road and McMillan Road. At past meetings, the City Council and the public have expressed concerns over the lack of sidewalks adjacent to arterial streets and how difficult it is for children to walk/bike to nearby schools. In light of these concerns, staff recommends that the applicant be required to construct a 5 -foot wide detached sidewalk along their frontage of McMillan Road and Linder Road, prior to issuance of building permits in the first phase of the development. Access to Arterials: Except for one public street access to McMillan Road and one public street access to Meridian Road, vehicular access to McMillan Road and McMillan Road should be prohibited for this site Development Agreement: UDC 11 -5B -3-D-2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed i a a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearby properties. 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 Ci tv Attorney. Bill Nary, at 888-4433 to initiate this process within 18 months of City Council ap rovalThe DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any Persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. ' 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. That the applicant will be responsible for all costs associated with the sewer and water service extension. That any existing domestic wells and/or septic systems within this Ambercreek Subdivision AZ-05-055/PP-05-057 PAGE CITY OF MERIDIAN PLANNIN4WARTMENT STAFF REPORT FOR THE HEAR NG & OF FEBRUARY 14, 2006 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 prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. That five-foot wide sidewalks and street buffers, constructed in accordance with City Code, be installed along McMillan Road and Meridian Road prior to occupancy of any new dwelling units. That the -app cant has voluntarily agreed to construct a Pedestrian Pathway along McMillan Road. -from Ambercreek Way to the McMillan Road/Meridian Road intersection. If ACHD is unable to acauire an easement or Property from the 5 -acre outparcel to the east the applicant shall construct said Pedestrian pathway within the existing right-of-way for McMillan Road (north side of the canall H ACHD is able to acau* an easement or additional right-of-way from the 5 -acre outparceL said pedestrian pathway shall be constructed on the south side of the canal. A Pedestrian Dathwav along McMillan Road. from Ambercreek Way to the McMillan Road/Meridian Road intersection shall be installed Prior to occupancv of any new dwelling units on this Property That one public street access will be allowed to McMillan Road and one public street access will be allowed to Meridian Road; direct lot access to McMillan Road and Meridian Road shall be prohibited. 2. PP Application: The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Interconnectivity The applicant is proposing to construct/extend five stub streets to adjacent properties. Staff is generally supportive of the proposed stub street locations, with two exceptions. First, staff recommends that the Elsinore Avenue stub be relocated approximately 200 feet to the east. This recommendation will prevent Elsinore from being such a long, straight street and also allows a direct pedestrian movement between the park site on Lot 9, Block 5 and the southern lots. The second recommendation regarding interconnectivity has to do with access to the five -acre parcel to the northeast. To limit future access points to Meridian Road, staff recommends that a stub street from Lava Falls Drive be provided north to Parcel No. SO436110015, or Lava Falls Drive be relocated to the north property line. See Exhibit B below. Sidewalks: The applicant is proposing to construct four -foot wide detached sidewalks on the internal streets. The sidewalks are detached from the curb with an eight -foot wide landscape strip (parkway.) In accordance with the recently passed ACHD planter width standards and UDC 11-3A-17, the width of the landscape planter strip should be constructed as proposed and include Class 11 trees. See Special Consideration section above for the requirement to construct sidewalks adjacent to McMillan Road and Meridian Road and Exhibit B below. Ambercreek Subdivision AZ-05-055/PP-05-057 PAGE 10 CITY OF MERIDIAN PLANN4VRTMENT STAFF REPORT FOR THE HEARING&E OF FEBRUARY 14, 2006 Landscaping_ The landscape plan prepared by The Laud Group, Inc., on 10-13-05, labeled Sheet L1.0, L1.1 and L1.2 is approved with the following modifications/notes: • Provide landscape buffers along Meridian Road and McMillan Road as depicted. The landscape buffers along the arterials shall be designed in accordance to UDC 11-3B-7. If Idaho Power will not allow trees within the easement along McMillan Road, widen the landscape buffer by five feet and include the required trees and shrubs within the additional five feet UDC 11- 3B-7Clb). The landscaping and sidewalks along Meridian Road and McMillan Road should be installed prior to the issuance of the first occupancy permit within this development. • All parkway trees shall be Class II trees. • Per UDC 11 -3G -3A, set aside 6.4% (2.27 acres) of the site for useable open space and provide a tot lot, BBQ, and picnic area within the private park site on Lot 9, Block 5. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a revised landscape plan, reflecting the changes mentioned above, with the final plat application(s). Unimproved Rit-of-Wav: Meridian City Code requires a 10 -foot wide gravel shoulder abutting right -of --way where the unimproved portion of the right-of-way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or Property line), and road widening is not in the ACRD Five Year Work Program. The remainder of the unimproved right-of-way should be landscaped with lawn or other vegetative groundcover. Neither McMillan Road nor Meridian Road abutting this site, meets the warrants for the 10 -foot wide gravel shoulder requirement listed above. However, the applicant is proposing 5 -foot wide gravel shoulders along the arterial streets. The applicant should be required to improve McMillan Road and widen Meridian Road as required by ACHD. Access: The applicant is proposing one public street access to McMillan Road and one Public street access to Meridian Road; no direct lot accesses to the adjacent arterial roads are proposed. Except for the proposed public street accesses, access to this parcel from Meridian Road and McMillan Road is prohibited. See Exhibit B below. Allem The applicant is proposing alleys within four blocks of the development. The right-of-way for the proposed alleys is 20 -feet wide and is proposed to be dedicated and maintained by the Ada County Highway District. Staff is supportive of the proposed alley configurations. The applicant should be required to comply with ACHD's standards for alley construction. All alleys should contain at least 16 feet of pavement within the 20 -foot right-of-way and be constructed with 28 -foot inside and 48 -foot outside turn radii where the alleys intersect the public streets. See Exhibit B below. Fencing. The applicant is proposing to construct a six-foot tall solid fence around the perimeter of the site and four -foot tall solid fences adjacent to the internal common lots. A detailed fencing plan should be submitted upon application of the final plat. If Ambercreek Subdivision AZ-05-055/PP-05-057 PAGE 11 CITY OF MERIDIAN PLANNINI&PARTMENT STAFF REPORT FOR THE HEARINGOE OF FEBRUARY 14, 2006 permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11-3A-7. See Exhibit B below. Micro -oaths: All micro -paths shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-313 (landscaping). Common Areas: Maintenance of all common areas shall be the responsibility of the Ambercreek Home Owners' Association. Ditches. Laterals, and Canals: There are exiting irrigation ditches that run along the perimeter of this parcel. The Lemp Canal runs along the northern boundary of this site. The City Council has regularly granted waivers of the requirement to tile the Lemp Canal, as it would take a 72 -inch pipe. Staff recommends that the City not require the applicant to tile the Lemp Canal abutting this site. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Lemp Canal and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends annroval of the subject applications AZ -05- 055 and PP -05-057 with the conditions listed in Exhibit B of the Staff Report for the hearing date of January 5 2006 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 10-10-05) 2. Landscape Plan (dated: 10-13-05) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company Ambercreek Subdivision AZ-05-055/PP-05-057 PAGE 12 CITY OF MERIDIAN PLANNI4PARTMENT STAFF REPORT FOR THE HEARINC&E OF FEBRUARy 14, 2006 7. Ada County Highway District 8. Nampa & Meridian Irrigation District 9. Central District Health Department 10. Settlers Irrigation District C. Legal Description D. Required Findings from Unified Development Code Ambercreek Subdivision AZ-05-055/PP-05-057 PAGE 13 CITY OF MERIDIAN PLANNINIWARTMENT STAFF REPORT FOR THE HEARING& OF FEBRUARY 14, 2006 A. Drawings 1. Preliminary Plat (dated: 10-10-05) Exhibit A — Page 1 lit CITY OF MERIDIAN PLANNINI&PARTMENT STAFF REPORT FOR THE HEARINGW OF FEBRUARY 14, 2006 2 Exhibit A — Page 2 Landscape Plan (dated 10-13-05) W ,5 E P "r Me!. Ij°rN ;i-Nf, ME di A, H' , �Fw €a(# �I+ t gj CITY OF MERIDIAN PLANNINJOPARTMENT STAFF REPORT FOR THE HEARINGOE OF FEBRUARY 14, 2006 2 Exhibit A — Page 3 CITY OF MERIDIAN PLANNIN*ARTMENT STAFF REPORT FOR THE HEARINGIDE OF FEBRUARY 14, 2006 7-5 Ala- -41 CL c J1 b mill L it 7-5 Exhibit A — Page 4 Ala- -41 CL c J1 mill Exhibit A — Page 4 CITY OF MERIDIAN PLANNIN PARTMENT STAFF REPORT FOR THE HEARINCOE OF FEBRUARY 14, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—pRELIMINARy PLAT (PP -05-057) 1.1.1 The preliminary plat labeled as PP -1, prepared by Bailey Engineering, Inc., dated, October 10, 2005 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -05-055) application shall also be considered conditions of the Preliminary Plat (PP -05-057). 1. 1.2 Relocate the Elsinor Avenue stub street approximately 200 feet to the east (to generally align with the micro -paths leading to/from the park site.) 1.1.3 Either relocate Lava Falls Drive to the north to provide access to the five -acre parcel at the southwest comer of the intersection of McMillan and Meridian Road (Parcel No. SO436110015), OR construct a public stub street from Lava Falls Drive, that aligns with Alester Avenue, to Parcel No. SO436110015. 1.1.4 The planter strip between the curb and the near edge of the sidewalk along all the internal streets with four -foot wide detached sidewalks shall be a minimum, of eight -feet wide and include Class 11 trees. 1.1.5 Prior to issuance of the first occupancy permit, provide five-foot wide detached sidewalks along the entire frontage of McMillan Road and Meridian Road. 1.1.6 The landscape plan prepared by The Land Group, Inc., on 10-13-05, labeled Sheet L1.0, Ll.l and L1.2 is approved with the following modifications/notes: • Provide landscape buffers along Meridian Road and McMillan Road as depicted. The landscape buffers along the arterials shall be designed in accordance to UDC 11-3B-7. If Idaho Power will not allow trees within the easement along McMillan Road, widen the landscape buffer by five feet and include the required trees and shrubs within the additional five feet. The landscaping and sidewalks along Meridian Road and McMillan Road shall be installed prior to the issuance of the first occupancy permit within this development. • All parkway trees shall be Class 11 trees. • Per UDC 11 -3G -3.A, set aside 6.4% (2.27 acres) of the site for useable open space and provide a tot lot, BBQ, and picnic area within the private park site on Lot 9, Block 5. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan- and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.1.7 Place a note on the face of the final plat(s), stating that direct lot access to McMillan Road and Meridian Road is prohibited. Exhibit B — Page I CITY OF MERIDIAN PLANNIN*ARTMENT STAFF REPORT FOR THE HEARINGIOE OF FEBRUARY 14, 2006 1.1.8 Construct all alleys to comply with ACHD's requirements for public alleys: All alleys shall contain at least 16 feet of pavement within a 20 -foot right-of-way, as proposed, and include 28 - foot inside and 48 -foot outside turn radii where the alleys intersect the public streets. 1.1.9 Construct 6 -foot tall solid fencing around the perimeter of the site, as proposed. Any fencing adjacent to common lots and micro -paths shall be restricted to either 4 -foot tall solid, or 6 -foot tall open vision (maximum). A detailed fencing plan shall be submitted upon application of the final plat(s). If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro path fencing shall be designed according to UDC 11-3A-7. 1.1.10 All micro -paths shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-313 (landscaping). 1.1.11 Maintenance of all common areas shall be the responsibility of the Ambercreek Home Owners' Association. 1.1.12 All irrigation ditches, laterals or canals, exclusive of the Lemp Canal and natural waterways, intersecting or crossing the area being subdivided shall be covered. Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.13 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS PRELIMINARY PLAT (PP -05-057) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. Exhibit B — Page 2 CITY OF MERIDIAN PLANNINJ@rARTMENT STAFF REPORT FOR THE HEARINOOE OF FEBRUARY 14, 2006 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth iri UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is beingproposed via extension of mains in Cedar Springs Subdivision. The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Extend sewer and water service to the southern portion of the 5 -acre parcel (Parcel No. SO436110015) through the access required by the Planning Department's conditions of approval. 2.3 Water service to this site is being proposed via extension of mains in N. Meridian Road, and extension of mains in Cedar Springs Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The City of Meridian's to and through policy will require the applicant to install water main the frontage of this property in McMillan Road. Once the frontage main is installon ed, there will be a gap of approximately 290 -feet between this development and the intersection of McMillan and Meridian roads without water main. The applicant shall coordinate with the Public Works Department a cooperative agreement whereby this gap in the water line is installed with this development and funded by the City of Meridian. 2.5 The applicant has indicated Settlers will own and operate the pressure irrigation system in this proposed development, a plan approval letter shall be submitted prior to scheduling of a pre - construction meeting. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. 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 No large landscaping shall be allowed within 5 -feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. 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 Exhibit B — Page 3 CITY OF MERIDIAN PLANNINJOPARTMENT STAFF REPORT FOR THE HEARINC4'E OF FEBRUARY 14, 2006 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 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 3.1 One and two family dwellings will require a fire -flow of 1,500 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 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. Exhibit B — Page 4 CITY OF MERIDIAN PLANNINIPARTMENT STAFF REPORT FOR THE HEARINGOE OF FEBRUARY 14, 2006 h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 All entrance and internal roads (including alleys) shall have a turning radius of 28' inside and 48' outside radius. 3.5 Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %Z the diagonal measurement of the full development. 3.8 Building setbacks shall be per the International Building Code for one and two story construction. 3.9 The proposed 175 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 508 residents at build out. 3.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.11 Emergency response routes and fire lanes shall not be allowed to have speed. bumps. 4. Police Department 4.1 The proposed plat encourages high-speed, cut -through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on Peach Springs Drive, Elsinore Avenue and Red Rock Drive. 5. Parks Department 5.1 No comments. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your Proposal prior to the Public hearing, There is a concern that the required modifications to alleys may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. Exhibit B — Page 5 CITY OF MERIDIAN PLANNINIPARTMENT STAFF REPORT FOR THE HEARINGOE OF FEBRUARY 14, 2006 7. Ada County Highway District Site Specific Conditions of p roval 7.1 Construct a 5 -foot detached concrete sidewalk south_ of the Lemp Canal within an easement provided to the District. 7.2 Construct a westbound left turn lane on McMillan Road at the north site access intersection. 7.3 The applicant shall do one of the following: a. Dedicate by donation a total of 35 -feet of right-of-way along Meridian Road, and construct a minimum 5 -foot wide concrete sidewalk along Meridian Road, located a minimum of 28 -feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Meridian Road, located a minimum of 28 -feet from the centerline of the right-of- way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 7.4 Widen Meridian Road with 19 -feet of pavement from centerline abutting the entire site. 7.5 Construct the internal streets as 34 -foot street sections (with local fire department approval) with curb, gutter, 4 -foot detached concrete sidewalks, and 8 -foot planter strips, as proposed. 7.6 Provide sufficient pavement width on the two site entrance roadway intersections (Ambercreek Avenue intersecting McMillan Road, and Lava Falls Drive intersecting Meridian Road) to accommodate simultaneous left and right turn movements. 7.7 Provide 21 -foot street sections on each side of the proposed center islands. 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 are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. 7.8 Provide traffic calming (i.e. chokers, bulb -outs, traffic circles, etc.) along Red Rock Drive and Elsinore Avenue. The applicant shall coordinate the location and design of the traffic calming devices with District Traffic Services staff. 7.9 Construct stub streets to the surrounding properties as identified below. Install a sign at the terminus of each roadway stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Stub street to the south, Alester Avenue, located 200 -feet west of Meridian Road (measured centerline to centerline). Stub street to the south, Elsinore Avenue, located to generally align with the micropaths that lead to the park site in the northern part of the subdivision. (This will require a shift of approximately 240 -feet to the east from where the stub street was originally proposed to be located.) Exhibit B — Page 6 CITY OF MERIDIAN PLANNI*pARTMENT STAFF REPORT FOR THE HEARINC&E OF FEBRUARY 14, 2006 • Stub street to the west, Red Rock Drive, located approximately 160 -feet north of the south Property line (measured property line to centerline). This stub street shall align with and connect to Sage Spring Drive within Cedar Springs Subdivision to the west of this site. • Stub street to the west, Peach Springs Drive, located 690 -feet north of the south property line (measured property line to centerline). • Stub street to the east, Havasu Falls Drive, located 215 -feet south of McMillan Road (measured centerline to centerline). 7.10 Construct one roadway, Lava Falls Drive, to intersect Meridian Road. This road shall be shined to the north to provide access to the 5 -acre parcel at the southwest corner of the intersection of McMillan and Meridian Road, OR the applicant shall construct a stub street in alignment with Alester Avenue to the 5 -acre parcel. 7.11 Construct one roadway, Amber Creek Avenue, to intersect McMillan Road approximately 355- feet west of the east property line (measured property line to centerline), as proposed. 7.12 Submit the bridge plans for the crossing of the Lemp Canal (Ambercreek Avenue) for review and approval prior to the pre -construction meeting and plat approval. 7.13 The applicant shall construct the two proposed east -west alleys and the one proposed north south alley to the following standards: • Dedicate a minimum of 16 -feet for all alleys. All alleys shall be paved a minimum of 16 - feet in width. • Parking off the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22 -feet for perpendicular parking. • Access to an alley shall be located a minimum of 25 -feet from the nearest public street. 7.14 Other than the access specifically approved with this application, direct lot access is prohibited to Meridian Road and McMillan Road and shall be noted on the final plat. 7.15 Comply with all Standard Conditions of Approval. Standard Conditions ofApproval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. Exhibit B — Page 7 CITY OF MERIDIAN PLANNWPARTMENT STAFF REPORT FOR THE HEARIN*E OF FEBRUARY 14, 2006 7.2.7 All design and construction shall be in accordance with the Ada County Hi way District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signedd by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans,or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Nampa & Meridian Irrigation District 8.1 No comment; outside of NMID's district. 9. Central District Health Department 9.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 9.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 9.3 Run-off is not to create a mosquito breeding problem. 10. Nampa & Meridian Irrigation District 10.1 All irrigation/drainage facilities along with their easements must be protected and continue to Exhibit B — Page 8 CITY OF MERIDIAN PLANNI*PARTMENT STAFF REPORT FOR THE HEARIN*E OF FEBRUARY 14, 2006 function. The facilities involved are: 1) The Settlers Canal that requires a 50' easement and an access road along the south bank. 2) The Coleman Lateral that requires a total 30' easement and access road. 3) The Starkey Lateral that requires a 20' easement. Contact SID for additional requirements. Contact SID for additional requirements. 10.2 A Land Use Change Application must be on file prior to any approvals. 10.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 10.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 10.5 All storm drainage must be retained on-site. 10.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre - construction meeting. Exhibit B — Page 9 CITY OF MERIDIAN PLANNINYVARTMENT STAFF REPORT FOR THE HEARING& OF FEBRUARY 14, 2006 C. Legal Description D-- James Property A parcel located In the Nr= t/1 Of the NE '/1 Of Section 36, Township 4 North, Range I West. Boise Meridian, Ada County, Idaho, and mere (,articularly described as follows.. Commencing at a brass CaP monument marking the n0fteasl corner of said Section 36, frons which a 518 Inch diameter iron pill marking the northwest Corner of Said NE 1/4 of theNE 114 bears N 89-54'16- W a distance of 13 40.89 feet: Thence N 89 °54,1 6" W along the northerly boundary of said NE '/4 of the NE 1/4 a distance of 2!90-()[) tOPt to a 518 inch diameter iron Pin and the POINT OF BEGINNING; Thence leaving said northerly boundary 8 0'V52- W a distance of 834.83 feet to a 5/8 each diameter Iron pin Thence S 89'54'16" E a distance of 290.00 feet to a 5/8 inch diameter iron pin on the easterly boundary of Said ME '/4 Of the NE 1/4, - Thence along said easterly boundary 8 0'02'52" W a distance of 495.36 feet to a ft Inch diameter iron pin marking the southeast corner of said ME 1/4 of the ME Y4; Thence N 8994518' W along the southerly boundary Of said ME 114 of the NE V4a distance of 1340.60 feet 10 a 5/8 inch diameter iron pin Marking the -southwest corner Of said NE 14 of the ME !/4, Thence N 0'02*06' E along the westerly boundary of said NE 1/4 of the ME 1/4 a distance 1326.70 feet to a 5/8 inch diameter iron pin marking the northwest corner Of said NE 1/4 of f the NE 1/4, Thence 8 89'54'16" E along the northerly boundary Of said ME 1/1 Of the ME 'Aa distance of 1050-89 feet to the POINT OF BEGINNING. This parcel Contains . 35-33 acres and is subject to any ea-' 8ments existing or in Use. Clinton W. Hansen, PLS Land Solutions, PC R'WISed - September 29, 20()5 RMEW APP�T� PUBM DEPT, Exhibit C — Page I Imms rt'Y"Y lob 0 93-62 CITY OF MERIDIAN PLANNINjfpARTMENT STAFF REPORT FOR THE HEARINGOE OF FEBRUARY 14, 2006 Jul If - Till W fill Vill" 5, Pig Exhibit C — Page 2 CITY OF MERIDIAN PLANNINVARTMENT STAFF REPORT FOR THE HEARING& OF FEBRUARY 14, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. 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; Council finds that single-family residential uses are allowed within the requested zoning district of R-8. Medium Density Residential permits the establishment of residential uses and is designed to protect the integrity of residential development by prohibiting the intrusion of incompatible nonresidential uses. 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; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon 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 R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure 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 lisied above, Council finds that Annexation and Zoning of this property to R-8 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: Exhibit D — Page 1 CITY OF MERIDIAN PLANNINWARTMENT STAFF REPORT FOR THE HEARINC#E OF FEBRUARY 14, 2006 The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan, and the land use designation change proposed for this property with the North Meridian Area Comprehensive Plan Amendment. Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See fording Items 3 and 4 above under Annexation Findings for more details.) 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.) 5. 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. 6. 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. Exhibit D — Page 2 March 10, 2006 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT ITEM NO. S -I REQUEST Sanitary Sewer and Water Main Easement Agreement for Dorado Subdivision by Kimball Properties Limited Partnership 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: d� MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. C] Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File • City of Meridian Public Works Dept. I�, Date: 3/7/2006 Re: Proposed Agenda Items for 3/14/06 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 3/14/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Dorado Subdivision by Kimball Properties Limited Partnership. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Dorado Subdivision by Kimball Properties Limited Partnership and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this It day of krC• 20D(o between Kimball Properties Limited Partnership, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together -with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. 18196 -Sanitary Sewer and Water Main Easement THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are, lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ) ss County of Ada ) On this 1 �- day of QdrOA , 20_0,(o before me, the undersigned, a Notary Public in and for said State, personally appeared Winston Moore , known or identified to me to be a partner, of the Limited Partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fi ft ft --n. 140TARy 1 * * _ NOTARY PUBLIC FOR IDAHO PUBLIC Residing at: 3D %,�, '•�••- _•..•' ���; Commission Expires: 0 (- (3 - 26 17, GRANTEE: CITY 18196 -Sanitary Sewer and Water Main Easement • Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) 18196 -Sanitary Sewer and Water Main Easement NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: • 0 DESCRIPTION FOR MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT AT PROPOSED DORADO SUBDIVISION MARCH 9, 2006 AN EASEMENT LOCATED IN THE SE'/ OF THE SE'/ OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMEMCING AT THE SOUTHEAST CORNER OF SECTION 17, T.3 N., R. 1 E., B.M., THENCE S 89°46'18" W 281.90 FEET ALONG THE SOUTH LINE OF SAID SECTION 17 TO A POINT; THENCE N 00000'00" E 54.50 FEET TO A POINT ON THE EXISTING NORTH RIGHT OF WAY OF OVERLAND ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00002'21"E 220.51 FEET TO A POINT; THENCE S 90000'00" W 26.73 FEET TO A POINT; THENCE N 00000'00" E 153.10 FEET TO A POINT; THENCE N 90000'00" E 10.00 FEET TO A POINT; THENCE N 00000'00"E 10.00 FEET TO A POINT; THENCE S 90000'00" W 10.00 FEET TO A POINT; THENCE N 00000'00" E 248.91 FEET TO A POINT; THENCE N 90000'00" E 10.00 FEET TO A POINT; THENCE N 00°00'00"E 20.00 FEET TO A POINT; THENCE S 90000'00" W 10.00 FEET TO A POINT; THENCE N 00000'00" E 33.73 FEET TO A POINT; THENCE S 90000'00" W 95.92 FEET TO A POINT; THENCE N 00000'00'.'E 5.95 FEET TO A POINT; THENCE S 90000'00" W 248.10 FEET TO A POINT; 18196SEW-WAT THENCE S 00008'01" W 151.28 FEET TO A POINT; THENCE N 89051'59" W 10.00 FEET TO A POINT; THENCE S 00008'01" W 10.00 FEET TO A POINT; THENCE S 89051'59" E 10.00 FEET TO A POINT; THENCE S 00008'01" W 383.47 FEET TO A POINT; THENCE S 90000'00" W 160.02 FEET TO A POINT; THENCE S 00000'00" W 20.00 FEET TO A POINT; THENCE N 90000'00" E 159.98 FEET TO A POINT; THENCE S 00008'01" W 134.94 FEET TO A POINT; THENCE N 89046'18" E 30.00 FEET TO A POINT; THENCE N 00008'01"E 154.82 FEET TO A POINT; THENCE S 90000'00"W 10.00 FEET TO A POINT; THENCE N 00008'01" E 524.75 FEET TO A POINT; THENCE N 90000'00" E 208.15 FEET TO A POINT; THENCE S 00000'00" W 5.95 FEET TO A POINT; THENCE N 90000'00" E 95.92 FEET TO A POINT; THENCE S 00000'00" W 115.74 FEET TO A POINT; THENCE S 90000'00" W 10.00 FEET TO A POINT; THENCE S 00000'00" W 330.00 FEET TO A POINT; THENCE S 90000'00" W 121.00 FEET TO A POINT; THENCE S 00000'00" W 20.00 FEET TO A POINT; THENCE N 90000'00" E 137.71 FEET TO A POINT; THENCE S 00°02'21" W 200.67 FEET TO A POINT; 18196SEW-WAT 0 THENCE N 89046'18" E 40.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. MICHAEL E. MARKS, P.L.S. NO.4998 18196SEW-WAT 1 Ir z a V Z 0 U C M C I a O U XHIBIT "B-1" INTERSTATE -84 EASTBOUND OFF RAMP L_14-------------- --------------- I L-28 rn2-------- ---, `1-'L-.10 J L-30 i � J J nl IL-8 JI � PROPOSED JI DORADO I I I SUBDIVISION L-34 L-32 - L-36 I w 1 1 L-26 I coir------- �-----------'' � I Q a L-22 MERIDIAN EASEMENT 1IN Mi I O I I I L-24 17 - -------------------------------------- -------------------------- 20 SECTION UNE S 89'46'18"W 2656.73' OVERLAND ROAD N 00.00'00 E 1/4 CORNER 54.50' 1/4 CORNER 17�16 i C'4 CO In ; O C'4'0 3 iz co 0 Mla 0.0J Z I Q ui z' W J I Z Zj_I 01� MERIDIAN N i FFU EASEMENT I - 1716 ------------------------ -- ' 2021 REVISIONS 02/27/06 MERIDIAN SANITARY SEWER 03/09/06 AND WATER LINE EASEMENT Stanley Consultants INC AT PROPOSED DORADO SUBDIVISION 1940 S. BONITO WAY IN SE 1/4 SECTION 17, T.3 N., R.1 E.,B.M. SUITE 140 ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 DRAWN: MEM DATE: 10/14/05 SCALE: NTS JOB NO. 18196 62 L-6 . I Q I O L-4 j w iw i J J iO Q iw i I 1 I I i i I I I i i 11 IJ i I jI I ; 1 1 1 I iI 62' I I I - 1716 ------------------------ -- ' 2021 REVISIONS 02/27/06 MERIDIAN SANITARY SEWER 03/09/06 AND WATER LINE EASEMENT Stanley Consultants INC AT PROPOSED DORADO SUBDIVISION 1940 S. BONITO WAY IN SE 1/4 SECTION 17, T.3 N., R.1 E.,B.M. SUITE 140 ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 DRAWN: MEM DATE: 10/14/05 SCALE: NTS JOB NO. 18196 z 0 " REVISIONS 02/27/06 03/09/06 XHIBIT "B-2" MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT AT PROPOSED DORADO SUBDIVISION IN SE 1/4 -SECTION 17, T.3 N., R.1 E.,B.M. ADA COUNTY, IDAHO Stanley Consultants ►NC. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 DRAWN: MEM (DATE: 10/14/05 1 SCALE: NTS I JOB NO. 18196 1 LINE TABLE LINE LENGTH BEARING L-1 220.51 N 00'02'21"E L-2 26.73 S 90'00'00"W L-3 153.10 N 00'00'00"E L-4 10.00 N 90'00'00"E L-5 10.00 N 00'00'00"E L-6 10.00 S 90'00'00"W L-7 248.91 N 00'00'00"E L-8 10.00 N 90'00'00"E L-9 20.00 N 00'00'00"E L-10 10.00 S 90100'00"W L-11 33.73 N 00'00'00"W L-12 95.92 S 90'00'00"W L-13 5.95 N 00'00'00"E L-14 248.10 S 90'00'00"W L-15 151.28 S 00'08'01"W L-16 10.00 N 89'51'59"W L-17 10.00 S 00'08'01 "W L-18 10.00 S 89'51'59"E L-19 383.47 S 00'08'01"W L-20 160.02 S 90'00'00"W L-21 20.00 S 00'00'001 L-22 159.98 N 90'00'00"E L-23 134.94 S 00'08'01"W L-24 30.00 N 89'46'18"E L-25 154.82 N 00'08'01"E L-26 10.00 S 90'00'00"W L-27 524.75 N 00'08'01"E L-28 208.15 N 90'00'00"E L-29 5.95 S 00100'00"W L-30 95.92 N 90'00'00"E L-31 115.74 S 00'00'00"W L-32 10.00 S 90'00'00"W L-33 330.00 S 00100'00"W L-34 121.00 S 90'00'00"W L-35 20.00 S 00'00'00"W L-36 137.71 N 90'00'00"E L-37 200.67 S 00'02'21"W L-38 40.00 N 89'46'18"E MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT AT PROPOSED DORADO SUBDIVISION IN SE 1/4 -SECTION 17, T.3 N., R.1 E.,B.M. ADA COUNTY, IDAHO Stanley Consultants ►NC. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 DRAWN: MEM (DATE: 10/14/05 1 SCALE: NTS I JOB NO. 18196 1 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 820100 04:3 PM ++ DEPUTY Allen RECORDED -D- REQUEST OF 1�6�4�3@7 CIV of Meridian SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this Tlp day of , 20p between Kimball Properties Limited Partnership, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada. County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXI181TS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXI'I2ESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to. that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. 18196 -Sanitary Sewer and Water Main Easement PM I THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ) ss County of Ada ) On this µ day of WYCIn , 20 Oto, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston Moore known or identified to nae to be a partner, of the Limited Partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fi9MVn. ••• y i riOT. Rp ;&st� * . ... * NOTARY PUBLIC FOR IDAHO 't•• Residing at: PUBLIC •: a� 1 •r•_ _••.' ��. Commission Expires: D 1- 13 241& GRANTEE: CITY 18196 -Sanitary Sewer and Water Main Easement o 10 Tammy de Weerd,ori 6, Attest by William G. Berg, City Clerk-,,, T 'I 4 Approved By City Council On: ' ' fill STATE -OF IDAHO, ) . ss. County of Ada ) On this day of ��� �tUV ; l , 20D� 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) 18196 -Sanitary Sewer and Water Main Easement 01 NOTARY PUBLIC FOR IDAHO Residing at- -)c/ Commission Expires:_ /0-/!5'-// DESCRIPTION FOR (MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT AT PROPOSED DORADO SUBDIVISION MARCH 9, 2006 AN EASEMENT LOCATED IN THE SE'/4 OF THE SE'/ OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMEMCING AT THE SOUTHEAST CORNER OF SECTION 17, T.3 N., R. 1 E., B.M., THENCE S 89046'18" W 281.90 FEET ALONG THE SOUTH LINE OF SAID SECTION 17 TO A POINT; THENCE N 00000'00" E 54.50 FEET TO A POINT ON THE EXISTING NORTH RIGHT OF WAY OF OVERLAND ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°02'21"E 220.51 FEET TO A POINT; THENCE S 90'000'00"W 26.73 FEET TO A POINT; THENCE N 00000'00" E 153.10 FEET TO A POINT; THENCE N 90000'00" E 10.00 FEET TO A POINT; THENCE N 00000'00"E 10.00 FEET TO A POINT; THENCE S 90000'00" W 10.00 FEET TO A POINT; THENCE N 00000'00" E 248.91 FEET TO A POINT; THENCE N 900WO.0" E 10.00 FEET TO A POINT; THENCE N 00000'00"E 20.00 FEET TO A POINT; THENCE S 90000'00"W 10.00 FEET TO A POINT; THENCE N 00000'00"E 33.73 FEET TO A POINT; THENCE S 90000'00"W 95.92 FEET TO A POINT; THENCE N 00000'00" E 5.95 FEET TO A POINT; THENCE S 90000'00" W 248.10 FEET TO A POINT; 18196SEW-WAT pamLL� THENCE S 00°08'01" W 151.28 FEET TO A POINT; THENCE N 89°51'59" W 10.00 FEET TO A POINT; THENCE S 00008'01"W 10.00 FEET TO A POINT; THENCE S 89051'59" E 10.00 FEET TO A POINT; THENCE S 00°08'01" W 383.47 FEET TO A POINT; THENCE S 90000'00"W 160.02 FEET TO A POINT; THENCE S 00000'00" W 20.00 FEET TO A POINT; THENCE N 90000'00" E 159.98 FEET TO A POINT; THENCE S 00008'01"W 134.94 FEET TO A POINT; THENCE N 89046'18" E 30.00 FEET TO A POINT; THENCE N 00°08'01" E 154.82 FEET TO A POINT; THENCE S 90°00'00" W 10.00 FEET TO A POINT; THENCE N 00008'01" E 524.75 FEET TO A POINT; THENCE N 90000'00" E 208.15 FEET TO A POINT; THENCE S 00000'00"W 5.95 FEET TO A POINT; THENCE N 90000'00" E 95.92 FEET TO A POINT; THENCE S 00000'00" W 115.74 FEET TO A POINT; THENCE S 90°00'00" W 10.00 FEET TO A POINT; THENCE S 00000'00" W 330.00 FEET TO A POINT; THENCE S 90000'00" W 121.00 FEET TO A POINT; THENCE S 00000'00" W 20.00 FEET TO A POINT; THENCE N 90000'00" E 137.71 FEET TO A POINT; THENCE S 00002'21"W 200.67 FEET TO A POINT; 18196SEW-WAT P D THENCE N 89046'18" E 40.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. MICHAEL E. MARKS, P.L.S. NO.4998 18196SEW—WAT •:o ►.j EXHIBIT "B-1 " INTERSTATE -84 EASTBOUND OFF RAMP t2 N J PROPOSED JI 1 DORADO SUBDIVISION 1 I LLj I I V N�-`--- ----- �;—ss I �I MERIDIAN EASEMENT N W NI I I JI i� 1 O II 1 .+ I v' L-24 17 SECTION LINE S 89'46'18"W 2656.73' 20 OVERLAND ROAD N (10.00'54"50, 1/4 CORNER .8 1/4 CORNER17016 I 3C Z Mia gig gid zi¢ wiw ala I MERIDIAN b;E EASEMENT 621! L-6 o I Q J 10 J L-4 i� I i0 J I W I -2 ' e I 1 ; i1 i i I 1 I ' 1 i 62' I -2021 N Z REVISIONS 02/27/06 MERIDIAN SANITARY SEWER 03/09/06 AND WATER LINE EASEMENT Stanley Consultants ING AT PROPOSED DORADO SUBDIVISION 1940 S. BONITO WAY IN SE 1/4 SECTION 17, T.3 N., R.1 E.,B.M. SUITE 140 642 d ADA COUNTY, IDAHO MERIDIAN, ,288H 505 3 DRAWN: MEM DATE: 10/14/05 SCALE: NTS JOB NO. 18 9%--- 1 -z z 0 REVISIONS 022706 03/09/06 EXHIBIT "B-2" MERIDIAN SANITARY SEWER AND- WATER LINE EASEMENT AT PROPOSED DORADO SUBDIVISION IN SE 1/4 SECTION 17, T.3 N., R.1 E.,B.M. ADA COUNTY, IDAHO Stanley Consultants .NG. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208--288-0573 (DRAWN: MEM IDATE: 10/14/05 I SCALE: NTS I JOB NO. 18196 m LINE TABLE LINE LENGTH BEARING L-1 220.51 N 00'02'21"E L-2 26.73 S 90100'00"w L-3 153.10 N 00'00'00"E L-4 10.00 N 90'00'00"E L-5 10.00 N 00'00'00"E L-6 10.00 S 90'00'00"W L-7 248.91 N 00'00' " L-8 10.00 N 90'00`00"E L-9 20.00 N 00'00'00"E L-10 10.00 S 90'00'00"W L-11 33.73 N 00'00'00"W L-12 95.92 S 90100'00"w L-13 5.95 N 00'00'000E L-14 248.10 S 90'00'00"W L-15 151.28 S 00108'01"W L-16 10.00 N 89'51'59'W L-17 10.00 S 00'08'01"w L-18 10.00 S 89'51'59'E L-19 383.47 S 00'08'011 L-20 160.02 S 90 00'00"w L-21 20.00 S 00100'00"W L-22 159.98 N 90*00'00*E. L-23 134.94 S 00'08'01 "W L-24 30.00 N 89'46'18"E L-25 154.82 N 00'08'01'E L-26 10.00 S 90°00'00"W L-27 524.75 N 00'08'01 "E L-28 208.15 N 90'00'00"E L-29 5.95 S 00°00'00"W L-30 95.92 N 90'00'00" L-31 115.74 S 00°00'00"w L-32 10.00 S 90°00'00'W L-33 330.00 s 00100'00"w L-34 121.00 S 90100'00"W L-35 20.00 S 00°00'00'w L-36 137.71 N 90'00'00"E L-371 200.67 S 00'02'21"W L-381 40,001 N 8946'18"E MERIDIAN SANITARY SEWER AND- WATER LINE EASEMENT AT PROPOSED DORADO SUBDIVISION IN SE 1/4 SECTION 17, T.3 N., R.1 E.,B.M. ADA COUNTY, IDAHO Stanley Consultants .NG. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208--288-0573 (DRAWN: MEM IDATE: 10/14/05 I SCALE: NTS I JOB NO. 18196 m March 10, 2006 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT ITEM NO. 5-1 REQUEST Contract for Black Cat Lift Station and Trunk Sewer Authorization for Additional Services No. 6 with JUB Engineers, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: 0 ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. U -i J -U E ENGI BEERS9 Inc. 1�1 250 S. Beechwood Avenue, Suite 201 • Boise, Idaho 83709-0944 • Telephone (208) 376-7330 • FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES — NO. 6 CLIENT: CITY OF MERIDIAN PROJECT NAME: BLACK CAT LIFT STATION AND TRUNK SEWER J -U -B Project Number: 11873 The following additional items of work on the project referenced above have been or will be provided by J -U -B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J -U -B's existing Agreement for Engineering Services for this project approved by City Council on January 28 2003 Additional Services: Adjust Task 080 to accommodate additional construction support services J -U -B ENGINEERS, Inc. was verbally authorized to provide these services by: n/a n/a Name Date Unless otherwise noted below, J -U -B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or if applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: Adjust contract budget amount for Billing Task 080 to $115,000. Dated this day of 2006. CITY OF MERIDIAN J -U- ENGINEERS, Inc. Print or Type Client By: By: Clie or epresentative Signature Pr6ject RelleseWative Stpature a 4gYi1"t°1lfldap7 `S Tammy de Weerd. Mayor � ' ,., , °' a '-Phillip H. Krichbaum. P.E. — Project Manager Print or Type Name andZitle Print or Type Name and Title Attest William G. Berg, Jr., City CferV T 9 F;x Black Cat Lift Station ft Trunk Sewer - Authorization for Additional Services No. 6 Page 1 J U B ENGREERS Inc. 250 S. Beechwood Avenue, Suite 201 • Boise, Idaho 83709-0944 s Telephone (208) 376-7330 0 FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES - NO. 6 CLIENT: CITY OF MERIDIAN PROJECT NAME: BLACK CAT LIFT STATION AND TRUNK SEWER J -U -B Project Number: 11873 The following additional items of work on the project referenced above have been or will be provided by J -U -B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J -U -B's existing Agreement for Engineering Services for this project approved by City Council on January 28 2003 Additional Services: Adiust Task 080 to accommodate additional construction support services J -U -B ENGINEERS, Inc. was verbally authorized to provide these services by: n/a n/a Name Date Unless otherwise noted below, J -U -B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or if applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: Adiust contract budget amount for Billina Task 080 to $115.000. Dated this day of 2006. CITY OF MERIDIAN J -UP ENGINEERS, Inc. Pri7i;i Cl, By: By: ative Signature 4P!r!qgjecTtep esenta !ve Signa ure ��itiroF199tll;B�Q�J Tamm de Weerd Mayor ���` P `�. Phillip H. Krichbaum P E — Project Manager Print or Type Name anditl 4' J Print or Type Name and Title L � n Attest William G. Berg, Jr., City C rf3 p (� , ,.J6 � C �� �r Cc ��re pg9ly��o=;iVea a Black Cat Lift Station Ft Trunk Sewer - Authorization for Additional Services No. 6 Page 1 AianRECEIVED ks - • 0 2006 � ity Of Meridian C* Clerk Office Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 03/09/2006 Re: Proposed Agenda Items for March 14, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the March 14 City Council agenda, under Consent Agenda, for Council's consideration: Black Cat Lift Station and Trunk Sewer Authorization for Additional Services — No. 6. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $25,000. This is an extension of the agreement between the City of Meridian and JUB Engineers, Inc. approved by City Council on the 2e of January, 2003 for the Black Cat Trunk Sewer and Lift Station Project. This project consists of a contract amount increase to accommodate additional construction assistance services on the Black Cat Lift Station, Pine Road Interceptor and Ten Mile Sewer. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Black Cat Lift Station and Trunk Sewer Authorization for Additional Services — No. 6 with JUB Engineers, Inc. for an additional $25,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 i J -U -B ENGINEERS, Inc. 250 S. Beechwood Avenue, Suite 201 • Boise, Idaho 83709-0944 • Telephone (208) 376-7330 • FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES — NO. 6 CLIENT: CITY OF MERIDIAN PROJECT NAME: BLACK CAT LIFT STATION AND TRUNK SEWER J -U -B Project Number: 11873 The following additional items of work on the project referenced above have been or will be provided by J -U -B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J -U -B's existing Agreement for Engineering Services for this project approved by City Council on January 28 2003 Additional Services: Adjust Task 080 to accommodate additional construction support services J -U -B ENGINEERS, Inc. was verbally authorized to provide these services by: n/a n/a Name Date Unless otherwise noted below, J -U -B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or if applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: Adiust contract budget amount for Billina Task 080 to $115,000. Dated this day of 2006. CITY OF MERIDIAN Print or Type Client Name 0 Client or Representative Signature Tammy de Weerd Mayor Print or Type Name and Title Attest: William G. Berg, Jr., City Clerk J -U- ENGINEERS, Inc. By: Project ep esenta ive Signature Phillip H. Krichbaum P E — Project Manager Print or Type Name and Title Black Cat Lift Station & Trunk Sewer - Authorization for Additional Services No. 6 Page 1 • March 10, 2006 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT ITEM NO. S -K REQUEST Easement Agreement for Gateway Monument with G&H Enterprises 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: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. WHEN RECORDED REMfTO: THE CITY OF MERIDIAN CITY CLERK 33 E. IDAHO AVENUE MERIDIAN, ID 83642 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 �1 BOISE IDAHO 03/30/06 02�M DEPUTY Neaua Haney III IIII'II'll'llll'llll'IIII'11 I'I'll RECORDED -REQUEST OF Meridian CIly 106048482 EASEMENT AGREEMENT "I, This EASEMENT AGREEMENT ("Agreement") is made this Yr11 d day of March, 2006, between and among G & H Enterprises H, LLC ("Grantor"), D & D Idaho Food, Inc. ("Lessee"), and The City of Meridian ("Grantee"). RECITALS A. Grantor is the owner of that certain real property located at 677 South Main Street, Meridian, Idaho, and more particularly described on attached Exhibit A ("Property"). B. Lessee is the current tenant entitled to conduct business on the Property. C. Grantee desires to erect a monument ("Monument") on the southern -most corner of the Property, which location is more particularly described on attached Exhibit B and depicted on attached Exhibit C ("Monument Parcel"). D. Grantor has agreed to grant to Grantee a non exclusive easement to use the Monument Parcel for the erection and maintenance of the Monument. E. Lessee has agreed to allow Grantee to use the Lessee's electricity and water sources for the Monument and Monument Parcel, and to pay for the costs associated with the use of such electricity and water. F. Grantor has agreed to include these provisions in any future lease on the Property. NOW THEREFORE, in consideration of the above recitals which are incorporated below and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT Grantor hereby grants to Grantee and its respective successors, assigns, mortgagees, invitees, tenants, and agents a perpetual, nonexclusive easement on, over, across, under, and through the Monument Parcel for the purpose of ingress, egress, construction, operation, maintenance, repair, and replacement of the Monument. EASEMENT AGREEMENT - 1 (gA0036\0001\Easement Ag-G&H-Meridian City-D&D-3-01-06-CLN.doc) • 2. Grantee shall be entitled to use the Monument Parcel upon the terms and conditions set forth herein. Grantee agrees to be responsible, at its sole cost and expense, for the construction, maintenance, repair and replacement of the Monument. Grantee further agrees to be responsible for the maintenance and repair of the landscape surface and the subsurface of the Monument Parcel, including the sprinkler and electrical systems, as necessary to maintain the landscaped areas and sprinkler system of the Monument Parcel. (Grantee shall not be responsible for paying the water and electricity costs necessary to operate and maintain the Monument and Monument Parcel.) Lessee agrees to pay for water and electricity costs necessary to operate and maintain the Monument and Monument Parcel. Grantor, Lessee and Grantee hereby agree to comply in all respects with any and all federal, state, and local statutes, laws, ordinances, codes, regulations, and rules in connection with the use of the Monument Parcel and the personal property and equipment in use on the Monument Parcel. Grantee agrees to protect, defend, indemnify, and hold the Grantor, Lessee, and any future lessees, harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature including court costs and attorney fees arising from or out of any negligent acts or omissions of Grantee related to or in connection with the installation and inspection, maintenance, and repair of the Monument and the exercise of any rights or performance of any obligations by Grantee hereunder. 7. All provisions of this Agreement including the benefits and burdens run with the land and are binding upon and inure to the benefit, obligation, and use of the successors and assigns of the parties hereto. 8. Grantor shall cause any lessee, tenant, operator, user, or the like, of the Property, to be bound by the terms of this Agreement, by causing said entity to execute a Monument Utility Agreement in the form attached hereto as Exhibit D. 9. In the event of any lawsuit or proceeding by any party hereto against the other party hereto arising out of this Agreement or in connection with the enforcement of any right herein granted, the nonprevailing party in such lawsuit or proceeding shall pay to the prevailing party such sum or sums as the Court shall adjudge reasonable for attorney fees and costs including such fees and costs on appeal. 10. This Agreement shall be recorded at the Ada County Recorder's Office. EASEMENT AGREEMENT - 2 (gA003a00011Em meat Agt-0&H Meridien City-D&D.3-01-064CLN.doc) Grantor and Grantee each agree to take from time to time such actions and to execute such additional instruments as may be reasonably necessary or convenient to implement and carry out the intent and purposes of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. THE CITY OF MERIDIAN ��`:rt'tt�Asaa�Bs�s 3.lWT(LL1l1LLa or Vl A 6y C ATTEST: °°� Ito� ,p Will Berg, City Clerk', i1dP1t08413 e100"6 & H ENTERPRISES R, LLC By: �V2�_._ti J " athan Gibbs Its: Manager D & D IDAHO FOOD, INC. By: 4 an Wagstaff Its: President EASEMENT AGREEMENT - 3 (gA0036\000IIEmmentAgt-G&H Meridian Crty_D&D-3-01-06 C doe) n STATE OF IDAHO ) ) ss. County of Ada ) 0 On this 14*^ day of MCI V )h , 2006, before me a notary public, personally appeared TAMMY de WEERD, and WILL BERG, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, the entity that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said entity and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and nffixPA my of ^;a1 -i +i, - day and year in STATE OF County first above written. .� �LL�..IUVL,� ►ULO.� Notary Public for Idaho Residing at:jjjLC 11XU lid Commission Expires: kA -41-11 On this,:! "day of March, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Jonathan Gibbs, known or identified to me to be the Manager of G & H ENTERPRISES II, LLC, the corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said corporation 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 A and year in this certificate first above written. Y_ In A ig r � : e— r 06 ' 1 EASEMENT AGREEMENT - 4 (8:\0036\0001 \Ewement Agt-G&H Meridian City D&D-3-01-06-CLN.doc) Notary Public BPI O Residing at: < My commission expires: - 7 - LJ STATE OF IDAHO ) )ss County of Ada ) On this q day of March, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Denman Wagstaff, known or identified to me to be the Manager of D & D IDAHO FOOD, INC., the corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said corporation 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 in this certificate first above written. EASEMENT AGREEMENT - 5 (gA0036\000MEU mentAgt-G&HMeridienCtty-D&D-3-01-06-C .doc) po�twqyPublic fo Idaho Residing at: My commission expires: 6--j-3 -10 0 EXHIBIT A • A tract of land situated in Government Lot #2, Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monumer_ting the Northwest corner Of said Section 18, thence S 0'4911011 W along the section line a distance of 2654.47 feet to a brass cap monumenting the West 4 corner of said Section 18, thence. N 07'14125" E a distance of 223.46 feet to a steel pin, said pin being the REAL POINT Op BEGINNING Thence N 0'49105" E a distanceof 357.70 feet to a point, thence S 60'53128° E a distance of 266.61 feet to a point, thence S 29'0312111 W a distance of 4.00 feet to a highway right-of-way monument (State Highway 69), thence S 31'021341, W a distance of 183.50 feet to - a highway right-of-way monument, thence S 30°21'00«W a distance of 130.58 .feet to a highway right-of-way monument, thence N 58'57126" W a distance of 88.11 feet to a REAL POINT OFBEGINNING. The above-described tract of land contains 1.29 acres more less, and rights -of --way. is subject to all existing easements and rights-of-way. • . EXHIBIT B EASEMENT DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORA'T'ION KFC PARCEL An easement for sign purposes located in Government Lot 2 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwesterly corner of said Govcriunent Lot 2, from which a 5/8 inch diameter iron pin marking the northwesterly corner of said Government Lot 2 bears N 048'48" E a distance of 1389.38 feet; Thence N 31024'09" E a distance of 203.65 feet to a point on the northeasterly right-of- way of East Central Drive; Thence N 58057'43" W along said northeasterly right-of-way a distance of 15.48 feet to the POINT OF BEGINNING; Thence continuing N 58057'43" W a distance of 15.97 feet to a point; Thence leaving said northeasterly right-of-way a distance of 24.13 feet along the arc of a 8.00 foot radius curve right, said curve having a central angle of 172050'00" and a Iong chord bearing S 58°57'43" E a distance of 15.97 feet to the POINT OF BEGINNING. This parcel contains 93 square feet (0.002 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, incorporated March 7, 2006 3I7l� s • EXHIBIT C I (E) KFC BUILDING Q� / Qo C7 ' (E) SW DRAINAGE POND TO REMAIN. COORD. LOCATION (E) TREE TO BE OF PROPOSED SIGN RELOCATED. VERIF'Y< W/ CITY PLANNING DEPT. PROPOSED PLA ER/SIGN. ORIENT FRONT OF SIGN N TO SOUTH DI ECTION AS SHOWN (E) TRAFFIC LIGHT TO REMAIN es� I SITE PLAN SCALE: 1 " = 20'-0" • EXHIBIT D i MONUMENT UTILITY AGREEMENT This Monument Utility Agreement is entered into this day of 20between ("Lessee') and The City of Meridian, ("Grantee')) RECITALS A. Grantee is the beneficiary of that certain Easement granted by G & H Enterprises, lI, LLC ("Grantor"), to that certain Easement Agreement dated 2006 ("Easement Agreement"). ' B. The Easement Agreement is recorded in the official records of the Ada County Recorder's Office as Instrument No. C. Grantor is the owner of that certain property located at 677 South Main Street, Meridian, Idaho ("Property"), and more particularly described in the Easement Agreement. D. Lessee desires to lease the Property from Grantor. E. Grantor is precluded from leasing the Property to Lessee unless Lessee agrees to be bound by the terms of the Easement Agreement as they apply to the "Lessee" as defined therein. NOW, THEREFORE, for consideration the parties agree as follows: AGREEMENT Lessee agrees to be bound by, and act in accordance with, the terms and conditions of the Easement Agreement as they apply to the "Lessee" as defined. therein. In particular, Lessee agrees to pay for all water and electricity costs necessary to operate and maintain the "Monument" and "Monument Parcel" as those terms are used in the Easement Agreement. 2. Grantee agrees to provide Lessee with the same rights and protections as provided by Grantee to the "Lessee" in the Easement Agreement. MONUMENT UTILITY AGREEMENT — EXHIBIT D - (gA003610001TEQFubit D -Easement Agwoc) LESSEE: GRANTEE: ATTEST: Will Berg, City Clerk 0 • Its: THE CITY OF MERIDIAN Tammy de Weerd Its: Mayor MONUMENT UTILITY AGREEMENT — EXHIBIT D - 2 (g:\0036\0001\E71uIbit D -Easement Agt.doc) 0 0 STATE OF IDAHO ) ) ss County of Ada ) On this _ day of in and for said State, personally appeared the Mal - 2006, before me, the undersigned, a Notary Public known or identified to me to be on executed the within instrument, and known to me to be the person who exethe cuted the within that instrument on behalf of said corporation 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 in this certificate first above written. Notary Public for Idaho Residing at: My commission expires. STATE OF IDAHO ) ) ss. County of Ada ) On this day of , 2006, before me a notary public, personally appeared TAMMY de WEERD, and WILL BERG, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, the entity that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said entity and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Commission Expires:= MONUMENT UTILITY AGREEMENT — EXHIBIT D - 3 (gA0036\0001'TAh1bh D -Easement Agt.&n ) March 10, 2006 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT ITEM NO. S -L REQUEST Award of Bid for Park Landscape Maintenance Services with Iron Creek,LLC DBA Metcalf Landscape Contractors 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: 4-e VV4--/ See attached Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. City Of Meridian To: Mayor and City Council City Clerk ®face CC: Will Berg From: Doug Strongs Date: March 9, 2006 Re: Landscape Maintenance Services The Parks and Recreation Department respectfully requests the following item to be placed on the March 14, 2006 City Council agenda, under the Consent Agenda, for Council's consideration: Six bids were received for the Landscape Maintenance Services consisting of but not limited to: mowing turf, trimming, weed eating, fertilization, irrigation, and shrub bed maintenance. The bid was awarded to Iron Creek LLC, DBA Metcalf Landscape Contractors for $29,682.00. The Parks and Recreation Department recommends that City Council award the contract to Iron Creek LLC, DBA Metcalf Landscape Contractors for $29,682.00 and authorize the Mayor to sign. Supporting documentation attached. Thank you for your consideration. Please contact me if you have any questions regarding the bids. CITY OF MERIDIAN LANDSCAPE MAINTENANCE SERVICES CONTRACT AGREEMENT This AGREEMENT made between the City of Meridian, a political subdivision of the State of Idaho, and zr�r✓ c yam' Llc'. ��_ hereinafter called CONTRACTOR. The CITY OF MERIDIAN and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: WORK The CONTRACTOR is to perform landscape maintenance services as set forth hereafter, on the grounds and at the frequency set forth in the Specifications. ■ Irrigation an all sites ■ Mowing, and weed eating ■ Turf fertilization, weed control, billbug control, crabgrass control ■ Planter bed maintenance, trimming shrubs, weed control, fertilization, weekly litter and debris clean up, edging ■ Tree well maintenance, weed control, clean up, edging 2. COMPENSATION. The CITY OF MERIDIAN shall pay the CONTRACTOR the sum of $ if 73, 00 per week for the services described herein and in the Specifications. The total lump sum for the 34 week season is $ �/, j, 9-,). o c Generally, payment will be sent to the CONTRACTOR by the 15"' day of the month following the City of Meridian's receipt of the CONTRACTOR invoice. In addition, the CITY OF MERIDIAN will compensate the CONTRACTOR for any additional services as agreed to in Writing between the City of Meridian and CONTRACTOR. MATERIALS AND EQUIPMENT CONTRACTOR agrees to provide all materials and equipment necessary to perform all listed services as a part of the compensation listed above. Bid Document — Parks Landscape Maintenance Services Page 14 of 26 4. EMPLOYEES CONTRACTOR agrees to provide CITY OF MERIDIAN with a list of names, dates of birth, social security numbers and addresses of all employees who will be performing the landscape services. CONTRACTOR agrees not to use any person in the performance of this contract until such person has been cleared by the CITY OF MERIDIAN. (Approval / Rejection will normally be completed within one week.) If CITY OF MERIDIAN disapproves of any such employee(s), in writing, CONTRACTOR agrees not to use such employee(s) in the work. CONTRACTOR further agrees to use care in selecting trustworthy employees and in supervising them. Procedure for implementing this section: A. CONTRACTOR will submit name, date of birth, social security number, and addresses for all employees CONTRACTOR wishes to provide service under this contract to the City Clerk, City of Meridian, 33 East Idaho Avenue, Meridian, ID 83642. Information may also be faxed to 888-4218. B. CITY OF MERIDIAN will provide a response to CONTRACTOR, normally within one week, depending on extent of background check required. C. All employees who will be working on the listed maintenance areas are required to under go a back ground investigation as conducted by the City of Meridian. Only employees with a satisfactory back ground check shall be allowed to perform landscape services. D. CONTRACTOR's employees will wear shirts or uniform clothing that will identify them by first name and the company name at all times while on City property. E. Failure to wear approved clothing and identification will result in the employee being ejected form work on City property until the proper uniform is worn. F. Upon separation of service of any employee who has been granted access to the City of Meridian property, CONTRACTOR agrees to notify the City Clerk at 888-4433 on the same day the separation occurs, or if such separation occurs at other than regular business hours, the next following business day prior to 9:00 am. 5. INDEMNIFICATION CONTRACTOR agrees to indemnify, defend, and hold harmless THE CITY OF \MERIDIAN, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities or CONTRACTOR, CONTRACTORS's agents, employees, or representatives under this Agreement. Bid Document — Parks Landscape Maintenance Services Page 15 of 26 6. INSURANCE CONTRACTOR agrees to obtain and keep in force during its acts under this Agreement insurance in amounts and types as specified in the Specifications. Certificates of Insurance for all required insurances shall be submitted to the CITY OF MERIDIAN prior to CITY OF MERIDIAN signature to this Agreement. 7. COMPLIANCE WITH LAWS CONTRACTOR agrees to comply with all federal, state, city, and local laws, rules and regulations. 3. KEYS CITY OF MERIDIAN will provide keys to access irrigation time clock boxes. 9. INDEPENDENT CONTRACTOR The parties agree that CONTRACTOR and all its employees are independent contractors for CITY OF MERIDIAN and in no way employees or agents of CITY OF MERIDIAN and are not entitled to workers compensation or any benefit of employment with the CITY OF MERIDIAN. The CITY OF MERIDIAN shall have no control over the performance of the Agreement by CONTRACTOR, except to specify the time and place of performance and the results to be achieved. CONTRACTOR shall be responsible for the payment of any and all taxes due for the compensation received under this contract. 10. TERMINATION This Agreement may be terminated immediately by CITY OF MERIDIAN for breach of this Agreement by CONTRACTOR and either party may terminate this Agreement by 30 days written notice to termination to the other party. 11. DISPOSAL OF TOXIC SUBSTANCES CONTRACTOR agrees to dispose of any and all toxic substances used on City property in accordance with federal, state and local statutes and regulations and further agrees to indemnify CITY OF MERIDIAN from any liability resulting there from. Bid Document — Parks Landscape Maintenance Services Page 16 of 26 12. ATTORNEY FEES Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare termination or forfeiture of this Agreement. 13. AGREEMENT TIME PERIOD The work under this Agreement shall begin March 13th, 2006 and, unless sooner terminated pursuant to Section 10 above, end November 3rd, 2006, unless otherwise specified by amendment. 14. MISCELLANEOUS A. No assignment by a party hereto of any rights under or interest in the Agreement Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Agreement Documents. B. THE CITY OF MERIDIAN and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Agreement Documents. 16. NOTICES AND INVOICES Address for giving notices: Address for giving notices: City Clerk City of Meridian 33 East Idaho Avenue Meridian, ID 83642 208-888-4433 Telephone: 208- 17. CONTACTS The CITY shall maintain a single point of contact for feedback to the CONTRACTOR. The contact shall be Elroy Huff, Parks Superintendent, City of Meridian. Bid Document — Parks Landscape Maintenance Services Page 17 of 26 The CONTFACTOR shall provide primary points of contact for feedback to the CITY. The contact shall be:_ ---_--_-- 18. ASSIGNMENT A. No assignment by a party hereto of any rights under or interest in the Agreement Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Agreement Documents. B. THE CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Agreement Documents. 19. 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. 20. 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. 21. 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. 22. APPROVAL REQUIRED This Agreement shall not become effective or binding until approved by the City of Meridian. Bid Document — Parks Landscape Maintenance Services V;Age � $ of 26 IN WITNESS WHEREOF, THE CITY OF MERIDIAN and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to CITY OF MERIDIAN and CONTRACTOR. All portions of the Agreement Documents have been signed or identified by CITY OF MERIDIAN and CONTRACTOR on their behalf. The Agreement will be effective on Yck /.6 6 CITY OF MERID Contractor 011 Name: ��atxtde eef d Mr Name: Approvid bj City Council: ' ' .3 —0 6 O 'ORRICE SEAL) [CORPORATE SEAL] ay Attest William G. Berg, Jr., Ci Clerk Address for giving notices Address for giving notices 33 East Idaho Avenue �me: > Meridian, Idaho 83642 Telephone: (208) 888-4433 j1i911sIF _77 Telephone: 150f) Bid Document — Parks Landscape Maintenance Services Page 19 of 26 • • March 10, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Mayors Office ITEM NO. 6-A-1 REQUEST Proclamation for Ergonomics Day AGENCY COMMENTS CITY CLERK: see attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. /11 CITY OF IDAHO Y �°' TRFAS11ftE v.N� � iElC�� The Office of the Nayor PRO CIANA TION Wkereas, the first Ergonomics Day in Meridian, Idaho will be celebrated March 17, 2006; and Vfiereas, the City of Meridian calls upon business entities and citizens to promote proper ergonomics to improve the occupational health of workers in Meridian and surrounding areas; and Whereas, on this first Ergonomics Day in Meridian, Idaho the topic of ergonomics will be promoted to increase public awareness, which as a result will decrease work- related injuries; and Vhereas, it is fitting to set aside a special time to bring this issue to the attention to business so they can become better informed and involved in promoting a healthy work environment; and Whereas, St. Luke's Occupational Health Department, University of Washington, are working together to improve the safety of the work environment through ergonomic education and awareness; and Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the day of Friday, March 17, 2006, as ER,GONO,%IICS DAY in the City of Meridian to promote awareness of proper ergonomics education. Dated this 14th day of March, 2006. Tammy de Weerd, Mayor Shaun Wardle, City Council Joe Borton, City Council Keith Bird, City Council Charlie Rountree, City Council E 0 WHEREAS, the first Ergonomics Day in Meridian, Idaho will be celebrated March 17, 2006 WHEREAS, the City of Meridian, calls upon business entities and citizens to promote proper ergonomics to improve the occupational health of workers in Meridian, and surrounding areas. WHEREAS, throughout Idaho, there exists a dedicated and concerted movement by occupational health physicians and nurses to reduce the number of occupational injuries. On this first Ergonomics Day in Meridian, Idaho the topic of ergonomics will be promoted to increase public awareness, which as a result will decrease work-related injuries. WHEREAS, it is fitting to set aside a special time to bring this issue to the attention to business so they can become better informed and involved in promoting a healthy work environment. WHEREAS, St. Luke's Occupational Health Department, University of Washington, , are working together to improve the safety of the work environment through ergonomic education and awareness. NOW, THEREFORE, I, TAMMY DEWEIRD, Mayor of the City of Meridian, do hereby proclaim the day of March 17, 2006 as ERGONOMICS DAY • March 10, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Mayors Office ITEM NO. 6-A-2 REQUEST Budget Amendment for Desk for Part Time Office Assistan 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 altached Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 Ea Ik��c -��§`�■ co C23, � ] CL _cc Ems« k1-22�ƒ2� 2t2&Ata§« Ise 2��§G§k7§ ,e , kk$��k2 §5gk2�§ .�&■8=gam I k 0 G � 4$ s 103/09/06 09:33 FAX 208 327 7415 C.I. Central Office 10002 Jf 7452 im 0 No. 2 Sales Department Eastern Sales 1299 N. Orchard, Suite #110 P.O. Box 4548 Boise, 10 83706 Pocatello, 10 83205 Phone: (208) 658-2103 Phone: (208) 236-8380 Page --.L 0= Fax: (208) 656-2150 Fax* (208) 23"382 IssieG Ftapm%mrftUve —7 servico 1Date ntirn-7 ate I ;Wmars Vu'.1amer Phone9 USUMM Fax IF pemon is Aam state zip code P.O. Number Delivery Oat* Firm D30 Accept Partial CZY.F. No. RTJP Quantify ,§C Net 30 or nqpLhaed terms. Cancellations subject To a 25% restocking rm. No custom order anneeflaflons after S days. o Delivery is subject to institutional delay. 1.511/4 mcmthly service charge on past due acoounL& invoice mailed to customer after delivery. Quote valid for 90 days. RzVift-j: 05.2,005 MAR 09 '06 09:11 Customer Signature Printed Name VISIT CI 0IVLINEATWWW.CI.SrArE.ID.US 208 327 7415 PAGE. 02 03i09i06 09:33 FAX 208 327 7415 _. C.I. Central Office o Gary Winterholler Idaho Correctional Industries Central Office 1299 N. Orchard Ave. Suite #110 Boise, Idaho 83706-2266 Phone: (208) 658-2163 Fax (208) 658-2160 Cell: (208) 890-1590 0001 E ro: Peggy Gardner From: Gary Winterholler Agency: City of Meridian Dat" 3/9/06 8:48 AM Fwu (208) 888-4218 2 (Including Cover Page) Phone: (208) 8884433 My Phone: (208) 658-2163 Re.- Desk Quote My Fac (208) 658-2160 - Comments Peggy, Here is the RFQ for the desk that you need. Please sign and fax it back and I will get it into production. Thank you! Yours in Winterholler MAR 09 '06 09:11 208 327 7415 PAGE. 01 March 10, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Planning Department — Anna Canning ITEM NO. REQUEST Draft Scope of Work for the South Meridian Area Plan 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 (Low I fA, r 4 opj Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • Tara Green Page 1 of 1 From: Anna Canning Sent: Friday, March 10, 20061:21 PM To: Tara Green; Will Berg; Sharon Smith Cc: Pete Friedman; Lynda Friesz-Martln; Diana Sanders; Steve Siddoway; Tammy de Weerd Subject: North Kuna/South Meridian Sub -area Plan Scope of Work Attachments: North Kuna–South Meridian Scope of Work 030906.doc Dear Mayor and Council, Staff has been working with the planning staffs of the City of Kuna and Ada County to prepare an appropriate scope of work to address the issues presented at the recent joint Kuna City Council and Meridian City Council meeting. I have attached a draft document for your review. I need to emphasize that this is just a draft document. You will note that Steve Siddoway and I have made a number of clarifying comments and edits. Staffs were directed to get this infomnation to our decision makers as quickly as possible; therefore we are providing the draft to you at this time. Staff does not believe the document needs to be finalized prior to Council discussion. The primary elements are there—such as making this an Ada County Sub -area plan, with draft comprehensive plan amendments delivered to each city for consideration. It also includes a joint hearing to discuss identity issues as Phase One. We look forward to your thoughts on the scope. We need specific direction on how to proceed. Anna P.S. Our understanding is that the City of Kuna will review the document at their hearing on March 14th as well. Anna Borchers Canning, AICP City of Meridian Planning Director 660 E. Watertower Lane, Suite 202 Meridian, ID 83642 (208) 884-5533 phone (208) 888-6854 facsimile canninga@meddiancity.org 3/10/2006 0 0 RECEIVED North Kuna/South Meridian MAR I � 2006 C�t� Of Meridian City Clerk Office Sub Area Plan Draft Comprehensive Plan Amendment Scope of Work Prepared for: Ada County, and the Cities of Kuna and Meridian March 8, 2006 Lynda Friesz Public Relations, Inc. Page 1 Public Involvement, Comprehensive Plan Amendment, Sub Area Plan and Land and Market Study Scope of Work North Kuna/South Meridian Area • 0 Situation According to the Community Planning Association of Southwest Idaho, growth in the region has been over 40% in the last five years. Rapid growth in the region is anticipated for the next 25 years. By the year 2030 the region will attract additional population of about 400,000. The Project Area is between Meridian and Kuna. The area is outside of both cities' area of impact Comment [SS1]: Provide a map of and is roughly bounded on the west by McDermott Road and on the east by Cloverdale Road. the Project area with the scope of Given the rapid growth of the region, this area will develop. Current land use in the study area is work. This will help both City large lot residential, residential and rural/asriculture. Both of the cities and the Countv want to Councils better understand the area find out what the public sees as a future vision for this area. Information gathered from public we are proposing to plan. visioning exercises will help the cities develop Comprehensive Plan Amendments/ Updates for the Comment [ss2]: Actually some Project Area that provide for quality development and the efficient provision of services. existing area of impact is included in the study boundaries. The results of the public input will be incorporated into Kuna and Meridian's future plans, as well as the Ada County Comprehensive Plan. Public Involvement Goal, Objective and Guiding Questions Goal: Develop a high-level of communication with the citizens in the North Kuna/South Meridian Area that will set the framework for more detailed future planning. Objectives: Phase 1 • Determine the community's identity • Present findings of the community identity activities to both cities' Mayors and Councils • Gather public input about the issues that should be addressed in the sub area plan for the Ada County Comprehensive Plan Update • Perform a Land and Market Study of the area Phase 2 Develop a sub area plan for the Ada County Comprehensive Plan Update Provide a draft comprehensive plan amendment for both Kuna and Meridian (each city will be responsible for making their own revisions or adjustments) Provide a map in a useable format for each city Guiding Questions: • What is the community identity? • Do you identify with Kuna or Meridian? Or neither? for is that even on the table? --SS I think it is --ABC • What "sense of place" values are important? • What are the environmental assets that need to be protected? • What should new development look like? • What are your travel and shopping patterns?, • As this area develops in the future what land uses/amenities do you want to see here? Project Team Roles and Responsibilities Lynda Friesz Public Relations, Inc. (LFPR) LFPR will serve as the project manager handling all day-to-day activities including: billing, schedule, meeting coordination and team communications. Lynda Friesz Public Relations, Inc. Page 2 Public Involvement, Comprehensive Plan Amendment, Sub Area Plan and Land and Market Study Scope of Work North Kuna/South Meridian Area Formatted: Font: Bold Formatted: Bullets and Numbering • 0 LFPR will also serve as the lead in the Public Participation program portion of the project. They will develop and implement the public participation plan and visioning activities. The outcome of the program is to develop a report that provides details on the public comments and general themes resulting from Phase 1. The public input will be used to guide the Ada County sub area plan and the cities' comprehensive plan amendments. Results of Phase 2 public involvement activities will also be recorded and documented. Cogan Owens Cogan, LLC. (COC) COC will be the lead on drafting the Ada County sub area plan and the cities' comprehensive plan amendments based on the results of the public participation activities and the land and market study. COC will also assist LFPR in the public participation process. ForeSee Consulting (Foresee) ForeSee will work as a sub -consultant to Cogan Owen Cogans. Their role will be to lead in developing the "chip game" public involvement exercise during Phase 2. Foresee will also report on the results of the chip game at the second public meeting of Phase 2. Johnson Gardner, LLC. Johnson Gardner will be the lead in the Land and Market Assessment portion of the project. They will coordinate all activities necessary to develop a 10-20 page study that outlines the findings of existing land uses, policies, plans, development commitments, environmental conditions, property and land ownership, infrastructure constraints, market and development potential including industrial, commercial, and office absorption and land supply, constraints and opportunities analysis for each, and objectives statement to guide future plan development. Johnson Gardner will provide technical expertise for the public workshops when needed. Visual Genesis, Inc. Visual Genesis will develop visual simulations and displays for the public participation process. They can incorporate the technical information from the Land and Market Assessment Study to create technically accurate simulations and displays. Project Stakeholders Initial stakeholders identified include: property owners; business owners; residents; Meridian City Officials, Mayor, City Council Members, Planning and Zoning, Police Department, Fire Department, Emergency Medical Services, Parks and Recreation Department, Public Works Department, Library District; Kuna City Officials, Mayor, City Council Members, Planning and Zoning, Police Department, Fire Department, Emergency Medical Services, Parks and Recreation Department, Public Works Department, Library District; Boise City Officials, Meridian School District, Meridian Chamber of Commerce, Kuna School District, Meridian School District, Ada County Development Services, Ada County Commissioners, Ada County Highway District, COMPASS, Blueprint for Good Growth. Scope of Work Chronology of Proiect Phase 1 (two months) • Kick -Off Team Meeting • Build Stakeholder Database • Develop Public Involvement Plan Lynda Friesz Public Relations, Inc. Page 3 Public Involvement, Comprehensive Plan Amendment, Sub Area Plan and Land and Market Study Scope of Work North Kuna/South Meridian Area • Develop Media Strategy Plan • Develop Project Website • Media Campaign #1 • Community Identity and Comp Plan Issues Workshops - three (3) workshops • Present findings of workshops to both cities' Mayors and Councils and the County Commissioners in a Joint hearing Phase 1 (four months) • Provide Land and Market Study findings • Media Campaign #2 • "Chip Game" Public Workshop - one (1) workshop • Media Campaign #3 • Community Update on Input Received and Results of Chip Game - one (1) meeting • Provide draft Comprehensive Plan Amendments for each city • Provide Sub Area Plan for Ada County Comprehensive Plan Update • Provide copy of map andplan to _,each city Public Participation Tasks (LFPR, COG, Johnson Gardner, Foresee liv Visual Genesis) Team Meetings and Project Administration. Define project roles and channels of communication. Attend team meetings as required. Deliverables: • Six (6) monthly progress meetings • Invoicing • One (1) "kick-off" team meeting for project initiation Assumptions: • Kick -Off team meeting will be held in Meridian • Progress meetings will be conducted via teleconference whenever possible Stakeholder Database. Prepare a database of all interested stakeholders and project participants that can be used for mailing and telephoning and can be sorted to identify various groups of stakeholders. Use a MS Excel format. Update as needed throughout the project. Deliverables: • Create a database that will separate each stakeholder group into categories such as property owners, project team, city officials, county officials, state officials, agencies, special interest groups, interested citizens, media, and public meeting attendees • Create email database • Identify potentially affected business and property owners • Identify primary contact for each city, county, jurisdictional agency, etc. Assumptions: • Maximum stakeholder list will include 9,500 addresses • Ada County will provide addresses for property owners in area • All mailings will be sent to addressees on the stakeholder list • Property owners will be contacted by telephone or email to verify address information on returned mail pieces • List will be updated following the public meetings - three (3) updates Lynda Friesz Public Relations, Inc. Page 4 Public Involvement, Comprehensive Plan Amendment, Sub Area Plan and Land and Market Study Scope of Work North Kuna/South Meridian Area Deleted: for Comment [SS3]: Should we offer to hold this at the Grange Hall between Meridian and Kuna, or a similar "neutral" location? Comment [SS4]: Do we have any preliminary numbers of current properties within the study area? Comment [ABCs]: Ada County has the property owners for the entire area. Makes more sense to come directly from them at this point. Deleted: City of Meridian Comment [SS6]: What about a e update after the chip game? Public Involvement Plan. Prepare a public involvement plan that details the goals and objectives, identifies a public involvement strategy, and defines the tools and techniques needed to implement the public involvement plan. Deliverables: • Public Involvement Plan Assumptions: • Ada County Comp Plan logo will be used for all printed pieces Media Relations. Media relation activities will provide a flow of information to the news media (newspaper, radio and television) about the project. The flow of information will, however, rise and fall as the project develops. Our goal is not to keep the project in the news constantly, but rather to focus media and public attention on the project prior to public workshops and participation opportunities. Project information will be posted on a website and linked to Ada County, and the both cities' websites. Deliverables: • Media strategy plan • Four (4) Press Releases -One (1) prior to the phase 1 public meetings, two (2) for the phase 2 public meetings, and one (1) to announce the project's findings • Project website • Six (6) website updates • Three (3) community service bulletins - One (1) distributed to radio and television stations prior to each public meeting • Three (3) media campaigns - one (1) near the project "kick-off" and prior to phase 1 public meetings, two (2) for the phase 2 public meetings Assumptions: • There will be ten (10) pages of information posted to the website throughout the duration of the project • Local television stations and newspapers will be contacted for the media campaign Comment [SS7]: By who? • Website will be hosted for eight (8) months at that time it will be turned over to the City of Consultatnts or staf? Kuna, Meridian or Ada County for hosting Comment [SSB]: under this Five (5) Public Workshops/Meetings. During Phase 1, a round of three workshops will be held format, Ada County should host and Meridian/Kung would provide links to within the stud area to gather public input about the identity of the community, Y g P P tY ty, and issues that it from our City websites. need to be addressed in the comprehensive plan amendment/ update. The workshops will be conducted by Lynda Friesz Public Relations and Cogan Owens Cogan. Workshop goals are to inform the pubic about the study, process, and constraints, then gather input about their community identity and issues that should be addressed. The workshops will all be similar in format and held within a close timeline (approximately one week) with each other. During Phase 2, two meetings will be held. The first meeting will be a workshop format using the Comment [SS9]: Has this proven to "chip game" to gather detailed input that will guide the development of the comprehensive plan be enough meetings for the land use prat development with the foothills, u date/amendment. The chi y P p game will be conducted b Steve Mullen from Foresee Consulting or other sub -area planning efforts? with help from Cogan Owens Cogan and Lynda Friesz Public Relations. The chip game is an exercise that assists participants in creating a common vision for the community that is creative, practical, and responsible. This game and the process around it are intended to gamer support for a final solution. The chip game combines this inclusive public process and CommunityViz comment [SSio]: Greati I took forward to seeing this in action. Lynda Friesz Public Relations, Inc. Page 5 Public Involvement, Comprehensive Plan Amendment, Sub Area Plan and Land and Market Study Scope of Work North Kuna/South Meridian Area software into a fun and effective decision-making method for community planning. The game involves the placement of a "chip set" of land uses onto a game board of their community with both opportunities and constraints described. The second meeting will be held in a town hall format to provide the public with an opportunity to review and discuss the results of the chip game workshop. Deliverables: • Preparation and implementation plan for each round of workshops/ meetings • Workshop/meeting locations, materials, food and drinks • Six (6) team planning meetings - Two (2) meetings prior to each round of workshops/ meetings • Twelve (12) 3 column x 5 inch newspaper advertisements - One (1) placed in Idaho Statesman, Kuna Melba News, Valley Times (Meridian) and Idaho Unido approximately two weeks prior to each round of workshops/ meetings • Five (5) display boards • Three (3) postcards - One (1) mailed fourteen days prior to each round of workshops/ meetings announcing their location, time and date to stakeholders within the project area • Three (3) workshop flyers - Several workshop flyers will be posted about two weeks prior to each round of workshops/ meetings in public and private locations within the study area • Three (3) wrap up team meetings - One (1) wrap-up team meeting following each round of workshops/ meetings Assumptions: • Sixty (60) participants will attend each public workshop during Phase 1 • One hundred fifty (150) participants will attend the public workshop and the update meeting during Phase 2 • Planning meetings and wrap up meetings will be held hn Meridian and via teleconference • Workshops/ meetings will be held in the study area • Johnson Gardner will not attend all of the workshops during Phase 1 however they will provide technical consultation prior to the workshops as needed; If local developers are Comment [SSii]: I think we attending the workshop Johnson Gardner would like to attend should assume they will. • Display boards will be produced by Visual Genesis • Postcard will be 5 1/2" x 8 1/2" color, 9,500 produced and mailed; LFPR will pay for mailing • Mailings will be sent to stakeholders using the property owner list developed by the City of Meridian and the stakeholder list • Workshop/meeting flyers will be 8 %Z" x 11" • Postcard, newspaper ad, and flyer will all be similar in design Public Involvement Documentation and Evaluation. All aspects of the public involvement process are to be documented and evaluated. Deliverables: • Record of Public Involvement Processes - summaries of stakeholder comments and public workshops/meetings recorded • Two (2) public involvement summaries - One (1) summary for each phase of workshops/ meetings, each summary will include public comments received at each individual workshop/meeting Lynda Friesz Public Relations, Inc. Page 6 Public Involvement, Comprehensive Plan Amendment, Sub Area Plan and Land and Market Study Scope of Work North Kuna/South Meridian Area • 0 • Two (2) presentations - One (1) presentation of public comments received during Phase 1 to both cities' Mayors and Councils • Two (2) Draft Comprehensive Plan Amendments - One (1) for each city • One (1) Sub Area Plan for the Ada County Comprehensive Plan Update Assumptions: • One (1) document will be produced summarizing the public input received during Phase 1; document will be 5-10 pages in length • One (1) document will be produced summarizing the public input received during Phase 2: document will be 5-10 pages in length • Thirty (30) copies of the summaries will be produced - Fifteen (15) copies of the summaries will be produced f or each phase of workshops; five (5) for Ada County, and both the Cities of Kuna, and Meridian • Both cities will be responsible for making their own revisions or adjustments to the draft Comprehensive Plan Amendments COMPREHENSIVE PLAN AMENDMENTS AND SUB AREA PLAN DETAILED SCOPE OF WORK (COC) 1. Work with both cities to obtain data on land ownership, land use and sensitive/valuable environmental resources. 2. Prepare maps and tab les summarizing the above; presentation materials should be clear, concise and easily understandable by the general public - paint a picture in broad, clean strokes. 3. Identify, document and summarize existing land use policies and their potential impacts on future land use - discuss how policies are implemented through development code and decisions by Planning and Zoning department and other city officials. 4. Identify and compare alternative Comprehensive Plan and zoning designations for the area, considering impacts on existing uses, relative demands for future public facilities, consistency with existing city policies and ability to achieve community goals and respond to citizen needs and issues identified through public participation efforts. 5. Recommend preferred Comprehensive Plan and zoning designations. Consider amendments to existing designations to achieve project goals in light of results of Task 4. 6. Draft Comprehensive Plan to implement preferred designations identified in Task 5. Code update language will be drafted by the cities. 7. Participate in meetings with staff, the public, and Planning Commission and City Council members, as needed (assume a total of six meetings). Deliverables? Assumptions? (For the Comp Plan Amendment ft Sub area Plan) LAND AND MARKET STUDY DETAILED SCOPE OF WORK (JOHNSON CzARDNER) Development Patterns and Future Land Need 1. Participate in a project "kick-off' meeting with Project Team members and appropriate City/County staff members to properly orient and frame key market need and supply issues for this assignment. 2. Summarize historic population, household growth and employment growth trends for the Cities of Kuna and Meridian over the last twenty years, incorporating census data and Lynda Friesz Public Relations, Inc. Page 7 Public Involvement, Comprehensive Plan Amendment, Sub Area Plan and Land and Market Study Scope of Work North Kuna/South Meridian Area Comment [SS12]: Probably not necessary to get to zoning recommendations. Comp Plan land use designations are needed. intercensal estimates. Prepare a comparable summary for the greater Boise/Ada County metropolitan area,. evaluating each City's share of regional growth over time. 3. Review COMPASS/ Communities in Motion 25 -year population, household and employment forecasts for Meridian, Kuna and the North Kuna/South Meridian study area in particular. Provide analysis and context for the potential of those forecasts to over- or underestimate potential development in North Kuna/South Meridian given findings of Step 1. 4. With both cities input, project alternative 25 -year growth scenarios for the North Kuna/South Meridian study area in addition to COMPASS forecasts to provide a broader range of consideration for future development realization in the area. Also provide 25 -year employment forecasts, by specific industry (NAICS), and resulting commercial retail spending growth/demand by specific industry (NAICS), for the study area analogous to methodologies utilized for population and households in Step 3. Discuss the relative strengths and weaknesses of each methodology, and produce a recommendation with respect to the most appropriate methodological approach. 5. Translate population, household, detailed employment and retail commercial demand forecasts into associated land needs in North Kuna/South Meridian by use type, including demand for industrial (business park -flex, general industrial, warehouse/distribution, etc.), office, retail/services commercial and residential capacity, including by unit type/tenure split. Supply and Development Realization Issues 6. Review all existing City and County planning and zoning issues for the 18 -square mile study area as they relate to land need findings in Steps 1 through 4. Issues identified and discussed will be guided, in large part, by input from the Planning Departments of the Cities of Kuna and Meridian, further informed by discussions with appropriate staff at Ada County Development Services Department. A comprehensive assessment of planning and zoning obstacles and/or opportunities for the North Kuna/South Meridian study area will result, with attention paid to issues affected by current stages of both cities' area of impact planning. 7. Summarize infrastructure and public service issues for the study area, which would likely include but not be limited to: the planned freeway exit/on-ramp at Interstate 84 and South Ten Mile Road, serviceable water, wastewater and sewerage, planned road/intersection upgrades between Meridian and Kuna, existing irrigation, and issues of public services provision, including planned jurisdiction and any other issues that become apparent in discussions with local service providers. Review an inventory of parcels in the study area and identify issues affecting future development potential. This will likely include, but not be limited to, opportunities and constraints regarding: ownership and commitments, topography and physical barriers (irrigation, grade etc.) or features (views, flat grade for industrial, etc.), issues of environmental protection, existing development that may impact future adjacent possibilities (e.g. gravel quarry operations, etc.), planned and proposed development in the study area including potential, proximate planned communities, slated residential development, and any other topic that becomes apparent during the course of this step. Future Need and Study Area Supply Issue Reconciliation Lynda Friesz Public Relations, Inc. Page 8 Public Involvement, Comprehensive Plan Amendment, Sub Area Plan and Land and Market Study Scope of Work North Kuna/South Meridian Area • 0 Prepare a conclusion -oriented study document summarizing our findings in Steps 1 through 7, as well as a comprehensive reconciliation of future potential development demand/need in the North Kuna/South Meridian study area by use types and the likely ability of the study area to accommodate each of those uses given findings of land supply constraints and opportunities identified during the study process. The document will be specifically oriented to drawing market-based conclusions for informing both the public participation process for the North Kuna/South Meridian study area as well as later comprehensive planning efforts by Ada County, the City of Kuna and the City of Meridian. Deliverables? Assumptions? (for the Market Study) Lynda Friesz Public Relations, Inc. Page 9 Public Involvement, Comprehensive Plan Amendment, Sub Area Plan and Land and Market Study Scope of Work North Kuna/South Meridian Area • March 10, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Legal Department ITEM NO. 6-C-1 REQUEST Update / Approval of Impact Fee RFP 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: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. if3�10 o0 MAYOR°.�.. Tammy de Weerd t CITY OF CITY COUNCIL MEMBERS r Keith Bird Joe Borton Shaun Wardle `IDAHO� Charles M. Rountree To: Mayor and City Council City Attorney/HR Department 703 N. Maim Ph.# 898-5506/Fax 8848723 William L.M. Nary City Attomey/HR Director Ted W. Baird Deputy City Attorney From: Ted Baird, Deputy City Attorney LIAR 10 2006 Date: March 10, 2006 City Of Meridian City Clerk Office Re: Impact Fee RFP — Recommendation of Award to BBC Research & Consulting The City of Meridian has issued an RFP for an impact fee consultant for the purposes of updating our park impact fee and to propose impact fees for police and fire capital needs. The selected consultant will assist City staff to meet the requirements of the Idaho impact fee statute by undertaking the following tasks: • Consult with the Impact Fee Committee • Analyze infrastructure service standards • Identify growth -related infrastructure needs • Prepare an updated Capital Improvements Plan • Forecast residential and commercial growth • Analyze cash flow from impact fees and other sources • Recommend implementation strategies for impact fees • Facilitate required public hearings • Assist legal staff in preparing updated enabling ordinance The Impact Fee RFP Evaluation Committee is recommending that the City Council award the contract to BBC Research and Consulting. A copy of BBC's proposal is attached to this memorandum, along with a summary of the four proposals received. The Evaluation Committee consists of Stacy Kilchenmann, Bill Musser, Ron Anderson, Doug Strong, Anna Canning and Ted Baird. The Committee is recommending BBC because of the depth of experience of their staff, the inclusion of a Boise -based management analyst and a Boise -based legal consultant on the project team, and the detailed scope of services that demonstrates an understanding of the requirements of the Idaho impact fee statute. The fees proposed in the four submittals range from a low of $14,150 to a high of $48,600. BBC's proposed fees are $29,000. The Evaluation Committee believes that BBC's fees are reasonable based on the quality of the proposal and the commitment of significant on-site presence by the consultant team. • E ® � PO Z7 OL p f -. ► CD 0 N illy Co • C1 03O CL - CD o -0 oD CD m Qw m v Q 0 0 a ° 'D 03 Z Z CL OL .� m Q, cn 1 C Z m a .,� a m E R _ED -u E5 ;�o 0 ® C- 0 0 m Z --i Z tv c � by n. �y Q XG790-D mwcD m CD CL� =3 0 (D CL - 7 -� m Qw m v faj a 9 p o m C Z m a .,� a m ON t� a T. rN �. o q ca � w v R _ED -u E5 ;�o 0 ® C- 0 0 m Z --i Z tv c � by n. �y Q \@ / OW I \ \ ./\ <� � \ I:� � � \\ \ � � \���\�/�\�\ \� � � � \ \$�����/�\ \�� � dd � /� \@ / OW .101811 RESEARCH & CONSULTING 3773 Cherry Creek North Drive Suite aso Oe -1. Colorado 80209.3827 303.321 2547 fax 303.399.0448 www.bbcresearchcom bbc®bbcresearch.com February 20, 2006 Mr. Ted Baird Deputy City Attorney City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Re: Request for Proposal for Impact Fee Studies Dear Mr. Baird: This letter contains a proposal by BBC Research & Consulting (BBC) and its two Idaho -based subcontractors —JoAnn Buder of Spink, Butler LLP and Anne Wescott of Galena Consulting — to Perform several impact fee studies for the City of Meridian. Please note that our team's proposal u identical to our original submittal witb the acception ofExhibit 1 below. Exhibit 1. Summary of BBC Team Impact Fee Experience Note: FPO slgnilles Fire fhotecNat Ohtrrp, independent en6'ties that typfcalfy serve a [arnbinatfan of Incorporated munk]pawas and urdncorporated county areas. Parks & Recreation Caldwell, Idaho Draper, Utah Salt Lake City, Utah Chandler, Arizona Fountain Hills, Arizona Gilbert, Arizona Goodyear, Arizona Aspen, Colorado Elbert County, CO Loveland, Colorado Parker, Colorado Timnath, Colorado Carbondale, Colorado Bennett, Colorado Law Enforcement Draper, Utah Salt Lake City, Utah Lyon County, Nevada Chandler, Arizona Fountain Hills, Arizona Gilbert, Arizona Goodyear, Arizona Loveland, Colorado Parker, Colorado Timnath, Colorado Elbert County, Colorado Edgewater, Colorado Carbondale, Colorado Black Hawk, Colorado Fire/EMS Draper, Utah Salt Lake City, Utah Chandler, Arizona Gilbert, Arizona Fountain Hills, Arizona Goodyear, Arizona Evans, Colorado Bennett FPD*, Colorado Elbert FPD, CO Kiowa FPD, CO Rattlesnake FPD, CO Strasburg FPD, CO Edgewater, Colorado Black Hawk, Colorado e- 0 Page 2 Our purpose in including Exhibit 1 is to emphasize the breadth of our experience in calculating fees in the three fee categories identified in Meridian's RFP. As evidence of their satisfaction with our work, many of the clients listed in Exhibit I have retained BBC on multiple occasions to update their impact fee system. We have organized the remainder of this letter in eight sections as specifically requested by the City in the RFP. Proposal Organization The balance of this proposal includes: ■ A description of BBC's basic qual ficatiom ■ A description of the specific qualifrcadons of the study team members and lists of similar projects completed; ■ A discussion of the scope ofser dices, ■ A breakdown of the proposed fees by fee study component; ■ A discussion of past performance and clients; ■ A specification of the examples of work; • A discussion of additional information, including a proposed schedule; and • A summary of our qualifications. We would be pleased to meet with you and further discuss this proposal at your convenience. We would also be happy to give an "Impact Fees 10I n pro bond presentation to your City Council if you think it would be appropriate. Basic Qualifications BBC Research & Consulting is a Denver-based consulting firm providing economic, financial, market and policy research and advisory services to public and private sector clients nationwide. Founded in I970, BBC is one of the oldest and largest independent consulting firms in the Rocky Mountain In our 35 years in operation, BBC has completed over 4,000 assignments for 2,500 � clients arounndd the he globe. BBC provides custom research, analysis and consulting services to federal government agencies, state and local governments, municipalities, non-profit organizations and corporations, ranging from Fortune 50 companies to entrepreneurial start-ups. BBC offers many forms of assistance to our clients, ranging from customer satisfaction research and market studies to land use analysis and economic impact studies. U Page 3 BBC's 16 -person professional staff includes economists, financial experts, market analysts, urban planners, business analysts and statisticians. BBC's consultants bring diverse backgrounds to our firm, having worked for government agencies, lobbying organizations and corporations. BBC's work has been recognized with numerous awards from a wide range of associations, including the American Planning Association, the American Marketing Association, and the Public Relations Society of America, among others. In addition, our work is frequently recognized in the media, and our staff has been quoted in publications such as the Wall Street, journa4 the New York Times, USA Today, and many others. We are often called to provide expert testimony on behalf of our clients. Specific Qualifications We have selected this team with particular care. Our firm, BBC, has prepared over forty impact fee studies in the Rocky Mountain West and has a lengthy track record of successful research statewide for the Idaho Housing and Finance Association. BBC's most recent work in 2004 for Caldwell, Idaho involved calculation of parks and recreation impact fees. We have also completed local housing and community development studies for Ada County, Pocatello, Rexburg and Lewiston. Project team. I will manage this project and serve as your day-to-day contact. I am a 16 -year veteran and Managing Director of BBC, and oversee the firm's housing and public finance practices. I have spoken to a variety of industry groups including the National Association of Housing and Redevelopment Officials, National Council of State Housing Agencies, Rocky Mountain Land Use Institute, American Planning Association and Colorado Government Finance Officers Association. I have managed all of BBC's assignments for the Idaho Housing and Finance Association from 1992 through the present and our recent development impact fee work, including a fee study for Caldwell, Idaho. In addition to my work designing development fee systems, I have experience in a wide range of public finance areas, including fiscal impact analysis, tax increment financing, financial strategy and others. In December 2005,1 addressed the New Mexico State Legislature on the relationship between impact fees and housing affordability. � 1 • Cl Page 4 Ms. Laura Doze is a Research Associate at BBC Research & Consulting. She specializes in impact fee studies and fiscal analysis. Ms. Doze has assisted with the development of fee structures in numerous states including Idaho, Arizona, Utah, Nevada and Colorado. She is currently developing fees for the City of Goodyear, Arizona; Salt Lake City, Utah; Lyon County, Nevada; and the City of Aspen, Colorado. She will be assisting Mr. Pippin with data collection and analysis and preparation of the fee model. Ms. JoAnn Butler of Spink, Butler Clapp in Boise is a land use attorney and planner with extensive impact fee experience. She has served on the City of Boise's Park Development Impact Pee Advisory Committee, presented impact fee seminars in Meridian and Pocatello for the Association of Idaho Cities, and published a chapter on impact fees in the Land Use Law Handbook. Ms. Butler recently worked (Fall 2005) with BBC in Lyon, County, Nevada, helping to draft the impact fee ordinance. She is a member of the study team to ensure that the methodology chosen complies with Idaho State law. She will also assist with facilitating the development impact fee advisory committee and required public hearings under Idaho state law. Ms. Butler can work directly with City legal staff to update the current ordinance, if needed. Ms. Anne Wescott of Galena Consulting in Boise is a management analyst with extensive infrastructure planning experience for municipalities including Salt Lake City. The Utah League of Cities published her master's thesis on impact fee planning for local governments. Ms. Wescott, along with Ms. Butler as mentioned above, recently assisted BBC with an impact fee study in Lyon County, Nevada. In addition, she is currently working with BBC in Goodyear, Arizona, and Salt Lake City, Utah, helping to reline their Capital Improvement Plans (CIP). Ms. Wescott will assist in the preparation of the required CIP that will serve as a basis for Meridian's impact fees. In sum, our team includes economists, infrastructure planners, land use attorneys, legislative historians and litigators. We are well qualified to perform this study for Meridian and look forward to Elie opportunity for an interview. Idaho projects. BBC has a wide range of experience conducting various studies in Idaho. Specific Idaho projects are as follows: • City of Caldwell, Idaho. Calculated parks and recreation impact fees for the City using the Capital Improvement Plan approach mandated by Idaho state law. Worked closely with JoAnn Butler and Anne Wescott, two Idaho -based subcontractors, to interpret the requirement of Idaho Statutes and inventory Caldwell's current parks and recreation assets. • 0 Page 5 ■ City of Lewiston, Idaho. For the City, BBC prepared a HUD -mandated Consolidated Plan for Housing and Community Development so that Lewiston would qualify for federal Community Development Block Grant (CDBG) revenue to improve infrastructure in low-income neighborhoods. ■ City of Rexburg, Idaho. For the City and IHFA, BBC assessed the differential fiscal impact of new student dormitory construction by BYU-Idaho versus private developers. ■ City of Pocatello, Idaho. For the City, BBC prepared a HUD -mandated Consolidated Plan for Housing and Community Development so that Pocatello would qualify for federal Community Development Block Grant (CDBG) revenue to improve infrastructure in low-income neighborhoods. ■ Ada County Highway District, Idaho. BBC estimated the potential economic loss to small businesses caused by bridge construction over the Boise River and related traffic detours. Impact fee projects. Since being awarded an American Planning Association award for a comprehensive fee system developed for Loveland, Colorado in 1983, BBC has designed development fee systems throughout the West. Highlights of our most recent projects are described below: ■ Lyon County, Nevada. BBC recently completed an impact fee study for Lyon County, Nevada for Sheriff; storm drainage and arterial streets. BBC calculated fees for four different benefit areas in the County and helping the County to establish a Capital Improvement Plan. ■ City of Aspen, Colorado. BBC is currently updating the parks and recreation impact fee and the school land standard dedication for the resort town of Aspen, Colorado. BBC is also designing new fees for transportation mitigation and storm drainage. ■ City of Goodyear, Arizona. BBC is currently updating and calculating new impact fees for the City of Goodyear, Arizona in 1 I categories: general government, public works, community facilities, police, fire, community parks, open space, storm drainage, transit, transportation and arterial streets. ■ City of Salt Lake City, Utah. Consistent with the requirements of Utah legislation, BBC was a key part of the team that developed a development fee system for the City that covered the costs of needed park and recreation, fire, police and street infrastructure. BBC and Galena Consulting worked closely with the City in identifying appropriate infrastructure costs to be recovered by the fees and in designing an equitable fee structure. In addition to designing the fee structure, BBC worked closely with City staff to create a development fee ordinance. i 0 Page 6 ■ City of Chandler, Arizona. BBC conducted a comprehensive review of the City of Chandler's building fee structure to determine if growth paid its own way. Subsequently, we designed a development fee system for long-term infrastructure expansion in the following categories: streets, recreation, parks, libraries and general government facilities. ■ Town of Gilbert, Arizona. BBC designed development fees for police, fire, parks and recreation, general government and traffic signals. ■ Town of Fountain Hills, Arizona. BBC developed a comprehensive development fee system for the Town of Fountain Hills that included fees for streets, parks, open space, general government and the Town Marsha4. In addition, BBC reviewed the Town's library infrastructure and concluded that a library development fee was not warranted at the time of the study. ■ City of Draper, Utah. BBC designed a fee system for the City that encompassed law enforcement, transportation and parks and recreation fees. This fee system assessed growth -related service demands from a number of perspectives and accounted for the impacts of a major new development taking place in the southern pan of the City. ■ City of Loveland, Colorado. BBC's development fee work for the City of Loveland was recognized nationwide. BBCs cost recovery system developed for the City of Loveland was awarded first place by the American Planning Association as the year's most innovative new planning tool in the United States. BBC recently revised Loveland's cost recovery system and designed a development fee credit based on new retail sales attracted to the City by new development. ■ Town of Parker, Colorado. BBC developed a comprehensive development fee system for the Town of Parker that included streets, parks, police and general government Facilities. ■ City of Boulder, Colorado. BBC completed a service cost recovery study for the City of Boulder. This research effort was designed to assess the costs and benefits of municipal growth and develop an equitable fee system for cost recovery. The system received national recognition as one of the most effective and well-documented systems of its type in the nation. The above list represents selected recent clients only. However, BBC has developed fees for numerous other local governments, including the City of Evans, Elbert County and the Towns of Bennett, Black Hawk, Carbondale, Edgewater, Kiowa, Larkspur, Strasburg, Timnath, and Pitkin County, Colorado. In addition, BBC's fees have never been legally challenged and we have been retained as expert witnesses to critique impact fees prepared by other firms. s 0 Page 7 Other projects. In addition to impact fee design, BBC has conducted a wide range of public finance research and has experience with numerous growth -related financing tools. A selected list of recent projects is provided below. IN City of Casa Grande, Arizona water fee study. For the City of Casa Grande, BBC performed a number of studies related to the financial condition of its water system, including a valuation study of a small system the City wished to purchase and an assessment of the current water rates imposed by the City's water provider. Town of Parker, Colorado fiscal studies. BBC has conducted multiple public finance studies for the Town of Parker, including development of a fiscal impact model assessing the operating costs and revenues related to growth, design of deficit reduction fees that recover any operating deficits imposed by growth and evaluation of an estimated sales tax incentive agreement negotiated by the Town and a potential developer. ■ Canyon Forest Village, Arizona fiscal and economic impact study. For the City of Flagstaff, Town of Williams and Coconino County, BBC estimated the potential economic and fiscal damage due to a shift in Grand Canyon visitors to the proposed south rim Canyon Forest Village master plan development. ■ Town of Jackson, Wyoming business license fee. For the Town of Jackson, BBC developed a revised business license fee system. This system was designed to simplify the fee structure and to more closely relate fee revenues to the services supported by those revenues. The new system was developed in close coordination with Town staff and was approved and implemented by the Town Council. ■ Greenwood Village, Colorado water and sewer. For a neighborhood in the City of Greenwood Village, BBC developed special improvement district (SID) fees to pay for the installation of water and sewer infrastructure. The fees designed by BBC allocate the costs of various portions of the necessary infrastructure to the parcels that will be benefited by that infrastructure. Using the fee system prepared by BBC, construction of infrastructure was scheduled to begin in early 2002. f 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 £idly consistent with the relevant Idaho State Statutes. It includes: ■ Establishment of and consultation with a development impact fee advisory committee, IN Analysis of current infrastructure service standards and identification of the growth - related portion of City infrastructure plans; • • Page 8 ■ 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, allpresent 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 and fire and EMS 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 t. Project initiation Task P 1. Contract execution. ■ Task 1-2. Formalize schedule, development impact fee advisory committee and public input prods. ■ Task 1-3. "Kick-off" meeting with the development impact fee advisory committee. Task If. Analysis of current conditions, current financing systems, infrastructure requirements and new system options ■ Task 11-1. 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 11-2. Review and evaluate current long-term capital financing systems. ■ Task 11-3. Analyze Meridian's current debt financing systems and document extent of current indebtedness; identify infrastructure that has been acquired with borrowed funds. • 9 Page 9 * Task 11-4. Review and evaluate Meridian's long-term infrastructure requirements as �• defined in the most recent CII' 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 11-5. Hold a required public hearing on the CIp. Task 111. Analysis of current and future land use Task IX 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 111-2. 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 111-3. 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 N-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 ■ 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. Page 9 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 $29,000 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. Exhibit 2 below summarizes our proposed budget according to the City's task descriptions. Exhibit 2. Proposed Budget Task Descriptions per RFP Price per Task Project Management, Presentations ✓;t Public Hearings 58,000 Review & Update Existing Fee Categories Parks and Recreation Impact Fee $6,000 Consider New Fee Categories I Law Enforcement Impact Fees $7,500 Fire and EMS Impact Fees S7•500 Total Budget $29,Q00 0 Past Performance 0 Page 7I BBC has used similar methodologies to the one described above in a number of past impact fee projects across the Rocky Mountain West. I encourage you to contact our references regarding the quality, thoroughness and timeliness of our work. Mr. Gerald Hunter Chief Executive Officer Idaho Housing St Finance Assoc. 565 W. Myrtle Street Boise, ID 83702 (208) 331-4882 Mr. EI Jay Waite Finance Director City of Caldwell 621 Cleveland Boulevard Caldwell, ID 83605 (201) 455-3021 Mr. Donna Kristaponis County Manager Lyon County 27 South Main Street Yerington, NV 89447 (775)246-6140 Ms. LuAnn Clark Housing and Neighborhood Development Director Salt Lake City Corporation 451 S. State Street, Room 406 Salt Lake City, UT 84111 (801)535-6136 Mr. Ken Wolf Planning Director Elbert County '- (303) 621-3171 Ms. Tracy DeSomma Contact Administrator Finance Department City of Goodyear 190 North Litchfield Road Goodyear, AZ 84020 (623)882-7067 BBC has prepared multiple studies for Mr. Hunter and IHFA, including Idaho's first Comprehensive Housing Affordability Strategy (CHAS), its first Consolidated Plan for Housing and Community Development, and an assessment of regulatory barriers to housing affordability. BBC recently prepared a parks and recreation impact fee study for the City. BBC worked closely with Ms. Kristaponis and her staff to design an impact fee system for Sheriff, storm drainage and arterial streets In 4 fee areas in the county. BBC and Galena Consulting just completed (2005) a project with Ms. Clark to update the system of General Fund Impact Fees we first helped prepare In 1999. BBC has prepared countywide Impact fees for streets, Sheriff, parks and county build'mgs. Elbert County is the fastest growing county In Colorado. Ms. DeSomma is one of BBC's primary contacts for the fee update and expansion of the City of Goodyear current fee system to include 11 fee categories. Page 12 Examples of Work V Please see the work samples provided under separate covers containing examples of recent BBC impact fee studies for Salt Lake City, Utah and the City of Chandler, Arizona. Please note that both of these studies encompass all three fee categories cadled for in Meridian's AFR parks and recreation, law enforcement and firrlEMS Our original submittal to the City contained copies of our parks and recreation impact fee study for Caldwell, Idaho. Moreover, Mr, Pay Waite — Caldwell's Finance Director — is listed as a reference above. Additional Information The fee study will be conducted from BBC's office in Denver, Colorado, with the continuous involvement of the two Idaho -based subcontractors, JoAnn Butler and Anne Wescott. Proposed schedule. Our extensive impact fee experience in the Rocky Mountain West and collaboration with Idaho -based subcontractors will allow us to complete this study for the City rather quickly. As a national firm, BBC Research & Consulting (BBC) has the capacity to devote significant research, analysis and production resources to the proposed project. We can begin immediately upon your notice to proceed. We can produce a draft report in 8 weeks. The schedule thereafter depends on City Council agendas and the City's chosen strategy for involving the public and the building and development community. The budget and schedule presented above anticipate City of Meridian staff involvement throughout the project, specifically in three areas ■ Attendance at meetings with the study team to facilitate project management; ■ Participation in data collection, particularly in tasks two and three; and _ ■ Review of draft and final fees to ensure accurate interpretations of local government data. While large amounts of staff time will not be needed, timely staff involvement will be necessary to adhere to the schedule provided above. Summary of Qualifications We believe that our team offers several desirable qualifications for Meridian: e Local connections. BBC has had experience working in Idaho in recent years and will have the advantage of working with two experienced Idaho -based subcontractors. 0 • Page 13 ■ Previous experience In preparing Impact fee studies. As demonstrated in thii •� proposal, we have completed over 40 impact fee studies for cities, towns, counties and special districts in several states including Caldwell, Idaho. ■ Ability to meet critical timelines. Every impact fee study we have completed has been on-time and within budget. We encourage you to closely check the references included herein. ■ Experience defending our firm's impact fee analysis against legal challenge. Our impact fees have never been legally challenged. We have been retained as expert witnesses to critique impact fees prepared by other firms. ■ Public and private sector work. Although the majority of our public finance assignments—including impact fees—are for the public sector, we do work periodically for private builders and developers. We believe that this familiarity with private sector real esmte/industrial site selection decisions makes us better impact fee consultants. We can anticipate questions from builders and developers, and help ensure that impact fees are designed to recover adequate revenue for local government while being sensitive to private sector concerns. Mr. Baird, thank you for the opportunity to propose this Impact Fee Study for the City of Meridian. Please feel free to call me toll-free at 800-748-3222, extension 236 with any questions or comments regarding this proposal. Sincerely, Thomas A. Pippin Managing Director • APPENDIX A. Resumes • Thomas A. pippin Mr. Pippin, Managing Director and President of BBC Research and Consulting, has been with the firm since 1990. He conducts public policy and socioeconomic research with an emphasis on public finance, housing, and community and economic development issues. He also advises municipalities on the fiscal impacts of development. He has spoken to a variety of industry groups including the National Association of Housing and Redevelopment Officials, National Council of State Housing Agencies, Mountain Land Use Institute, American Planning Association and Colorado Government Finance Officers Association. Pippin previously served as a "Public Private Initiatives Judge on Colorado Governor Roy Romer's Smart Growth Awards Panel. He is currently on the Board of the Colorado Foundation for Families and Children. Relevant Project Experience ■ For the City of Caldwell, Idaho, recently prepared a parks and recreation impact fee study in conjunction with Ms. Wescott of Galena Consulting and Ms. Butler of Spink, Butler LLP. ■ For the Ada County Highway District, estimated the potential economic loss to small businesses caused by bridge construction over the Boise River and related traffic detours. ■ For the Idaho Housing and Finance Association, completed a wide variety of research statewide including a Comprehensive Housing Affordability Strategy (CHAS), Consolidated Plan for Housing and Community Development and an assessment of regulatory barriers to affordable housing. ■ For the City of Lewiston, Idaho, prepared a HUD -mandated Consolidated Plan for Housing and Community Development so that Lewiston would qualify for federal Community Development Block Grant (CDBG) revenue to improve infrastructure in low-income neighborhoods. ■ For the City of Rexburg, Idaho, assessed the differential fiscal impact of new student dormitory construction by BYU-Idaho versus private developers. ■ For the City of Pocatello, Idaho, prepared a HUD -mandated Consolidated Plan for Housing and Community Development so that Pocatello would qualify for federal Community Development Block Grant (CDBG) revenue to improve infrastructure in low-income neighborhoods. ■ For Lyon County, Nevada, currently conducting an impact fee study for Sheriff, storm drainage and arterial streets. BBC is calculating fees for 4 different fee areas in the County and helping the County to establish a Capital Improvement Plan. M E Thomas A. Pippin (continued) ■ For the City of Goodyear, Arizona, currently updating and calculating new impact fees in 11 categories: general governmient, public works, community facilities, police, fire, community parks, open space, storm drainage, transit, transportation and arterial streets. ■ For Elbert County, Colorado — one of the nation's Five fastest growing counties — prepared General Fund impact fees including parks and recreation, sheriffand general government. ■ For the Town of Timnath, Colorado, completed a comprehensive General Fund Impact Fee Study and Fiscal Impact Analysis. ■ For the resort Town of Carbondale, Colorado, prepared police, street, parks and public buildings impact fees ■ For the City of Gilbert, Arizona, calculated impact fees for public safety and parks and recreation. Facilitated meetings with citizens and developers to discuss proposed fees. ■ For the City of Chandler, Arizona, designed impact fees for streets, public facilities, libraries, police, fire and parks and recreation. Updated fees two years later to reflect changes in infrastructure value and debt service. ■ For the Town of Parker, Colorado, determined impact fees for streets, parks and recreation, police and government buildings. Periodically conducts special, project -specific impact fee analyses for distinctive land uses such as driving ranges, nurseries and churches. ■ For the City of Loveland, designed comprehensive impact fees in support of the city's new Adequate Community Facilities ordinance. Represented findings at multiple public hearings and development community workshops. ■ For the Bennett, Elbert, Kiowa, Rattlesnake and Strasburg (Colorado) Fire Protection Districts, calculated impact fees for fire and emergency services. Suggested a way for all three districts to structure fee collections with either Adams, Arapahoe or Elbert County through an intergovernmental agreement. ■ For the City of Black Hawk, Colorado, designed police and fire impact fees. Fees were designed to mesh with surplus gaming device revenue that was escrowed for growth -related capital < improvements. ■ For the Town of Kiowa, prepared General Fund impact fees including parks and recreation, police and general government. ■ For the Town of Larkspur, Colorado developed both impact fees and customer rates for water and sewer service. 0- • Thomas A. Pippin (continued) 0 ■ For the City of Thornton, Colorado, reviewed building community's opinions of off-site exactions mandated in the subdivision regulations. ■ For a coalition of contiguous local govemments, critiqued the Orange County, California Regional Airport Authority's plans to finance airport expansion -related infrastructure with impact fees. ■ For Mission Viejo Corporation, the master developer of Highlands Ranch, Colorado, assessed the feasibility of Douglas County imposing impact fees to pay for Highlands Ranch -related infrastructure. ■ For the Denver Urban Drainage and Flood Control District, evaluated the feasibility of using multi jurisdictional impact fees to pay for $70 million of infrastructure designed to contain contaminated groundwater on the Mountain Arsenal. ■ For the Bennett (Colorado) Rural School District, assisted in the calculation of school impact fees designed to pay for the construction of new school facilities to serve growth stemming from Bennett's proximity to Denver International Airport. ■ For the Edgewater Urban Renewal Authority, calculated impact fees for police and fire facilities supporting development within the urban renewal area. Suggested a reimbursement mechanism whereby the Authority could hold the city harmless from new growth. ■ For the City of Salt Lake City, Utah, assisted in the preparation of impact fees for streets, public safety and parks and recreation. Presented research findings to City Council. ■ For the City of Draper, Utah, designed a fee system that encompassed law enforcement, transportation and parks and recreation fees. This fee system assessed growth related service demands from a number of perspectives and accounted for the impacts of a major new development taking place in the southern part of the City. Education M.P.Aff., Lyndon B. Johnson School of Public Affairs, The University of Texas at Austin, 1990, Highest Honors. ' &A., Political Science/Economics, Trinity University, 1988, Summa Cum Laude. ro • Laura K. Doze • Laura Doze is a Research Associate with BBC Research & Consulting. Her particular areas of expertise include impact fee studies, demographic data analysis, housing needs analysis and public finance. She also has experience in survey research and statistical analysis. Prior to joining BBC, Ms. Doze worked for Denver Options, Inc., a nonprofit organization that provides services to developmentally disabled persons. Ms. Doze also interned at Environmental Defense in Austin, Texas, where she researched fishing policies and the effects of over -fishing in the Gulf of Mexico. Ms. Doze attended Southwestern University in Georgetown, Texas, where she received her B.A. in Economics and Spanish. She is proficient in Spanish and has lived and studied in Spain. Education B.A. Economics and Spanish, Southwestern University, Magna Cum Laude, Phi Beta Kappa, 2002. Relevant Project Experience City of Caldwell Parks St Recreation Impact Fee Review. Calculated parks and recreation impact fees for the City of Caldwell, Idaho, using the Current Service Standard approach and the Capital Improvement Plan approach. Worked closely with two Idaho -based subcontractors to interpret the requirement of Idaho Statutes and inventory Caldwell's current parks and recreation assets. Calculated the maximum allowable fee under Idaho state law, which mandates the use of the CIP approach. ■ Town of Loveland Impact Fee Review. Assisted in updating impact fees for the Town of Loveland, Colorado, by researching the fee structures of comparable cities. ■ Rattlesnake Fire Protection District Impact Fee Review. Calculated maximum allowable impact fees based on demographic data and infrastructure costs for a fire district in Parker, Colorado. Examined likely cash flows produced by the fees and outlined implementation options. ■ Elbert Fire Protection District Impact Fee Review. Calculated fire impact fees for the Elbert Fire Protection District in Elbert County, Colorado. Compared fees under the Current Service Standard and the Capital Improvement Plan approach and recommended implementation of the mid -point of the fee range. Compared fee results to four comparable districts' fees also ' calculated by BBC. Presented fee calculation results to the Elbert Fire District. ■ Chandler System Development Fees Update. Updated six categories of system development fees for the City of Chandler, Arizona, including police, fire, public buildings, parks and recreation, library and streets. Calculated fees using the forward-looking Capital Improvement Plan approach, which involved a thorough analysis of the City's future growth -related infrastructure. Conducted key -person interviews with City personnel to ensure that all growth - related projects to build -out were included in fee calculations. L� Laura K. Doze (continued) • General Fund Impact Fee Update for Salt Lake City. Assisting with the update of Salt Lake City's General Fund impact fees, including fire, police, roadway and parks and recreation fees. Calculating fees for residential, retail, office and industrial development. Separating out the repair and replacement cost of capital from the growth -related costs for every fee category in the Capital Improvement Needs Inventory. Presenting alternative ways to finance growth and also a comparison of Salt Lake City fees to other Utah and U.S. cities. ■ Lyon County Impact Fees. Currently calculating impact fees for Sheriff, storm drainage and arterial streets in 4 distinct fee areas in Lyon County, Nevada, using the forward-looking Capital Improvement Plan approach. Using 5 different demographic data sources to calculate an average annual growth rate for each fee area. Developing a complicated system of overlaying Census Block Groups with County planning area boundaries to apportion data by fee area. Assisting the County with developing a Capital Improvement Plan for 2005 to 2010. City of Aspen impact Fees. Currently assisting the City ofAspen, Colorado, with the calculation of impact fees for parks and recreation, TDWair quality, storm drainage and schools. Using both impact fee methodologies, the Current Service Standard approach and the Capital Improvement Plan approach, to calculate fees for the City_ Conducting an in-depth analysis of Census Public Use Microdata Sample (PUMS) to develop student generation rates by bedroom size for use in the school fee calculation. ■ City of Goodyear Impact Fees. Currently assisting the City of Goodyear, Arizona, with the calculation of impact fees for 11 categories: general government, public works, communities facilities, storm drainage, police, fire, community parks, open space, transit, transportation, and arterial streets. Implementing the forward-looking Capital Improvement Plan approach, which has involved a thorough analysis and restructuring of the City's CIP. Analyzing the past debt financing trends to incorporate as a cost in the 11 fee categories. Quantifying the monetary value of the City's development agreements to include in the fee model. • ALENA r ONSULTING L/ EXPERIENCE, PRESIDENT, GALENA CONSULTING Boise, Idaho • Anne Weseott Galena Consulting assists government and non-profit organizations in improving performance and service delivery by providing professional consulting services including: • Funding and Fee Analysis • Budget Analysis and Development • Policy Analysis and Development • Capital Infrastructure Planning • Alternate Service Delivery Analysis/Outsourcing Feasibility Studies • Strategic and Operational (Business) Planning • Organizational/Management Assessment and Development • Program Evaluation and Development • Performance Measurement Clients include: • Park City Municipal Corporation - Workforce development, performance evaluation, development of a culture of accountability, and implementation of effective self -managed, cross -functional teams. • City of Caldwell Idaho — Analysis and development of capital infrastructure plans pursuant to development of parks and recreation impact fees. • Salt Lake City Deuartments of Public Services. Community Development. and Management Services — Ongoing organization and management consulting including fee analysis, activity -based cost management analysis, program assessment and development, performance management system development, business planning, policy development, and customer satisfaction survey development. • Foothills School of Arts and Sciences Boise Idaho — Development of a five year financial plan, assessment of current financial policies and procedures, and development of a financial policy manual. • Logan Utah City Council — General management consulting and policy and budget analysis, including budget and policy workshop facilitation. • The Utah League of Cities and Towns — Development of educational materials on municipal functions, powers, and duties. • The Enterorise Foundation Washington D C — Analysis of funding alternatives for the Salt Lake City Housing Trust Fund. 1214 South Johnson Street, Boise, Idaho 83705 • phone (208) 860-0133 fax (208) 342-3728 • email: agerber@cableone.net • r� i .ALENA ONSULTING PROGRAM DEVELOPMENT MANAGER Salt Lake City Department of Public Services 0 Anne Wescott Analyzed and assessed organization, management, and program operations and identified, developed, implemented and managed improvement initiatives. • Analyzed the fiscal impact of policy initiatives. Conducted fee analyses. Identified alternative funding options for addressing programmatic priorities. Developed funding strategies. • Identified opportunities for increased program efficiencies and improved service levels, as well as cost savings, based on analysis and research of national best practices. Developed and implemented program improvement action plans. • Evaluated and identified opportunities for alternate delivery of services being provided by the department, including the feasibility of outsourcing services. • Conducted analyses of department policies and programs, including proposed legislation. Evaluated alternatives and opportunities. Prepared written reports for Mayor and City Council. • Developed department business and strategic plans. Developed, monitored and analyzed department -wide performance measurement program. ASSOCIATE DEPUTY DIRECTOR 113UDGET AND POLICY ANALYST Salt Lake City Council Supported the legislative responsibilities and initiatives of the City Council by conducting research and analysis of City budgets, programs and policies. • Directed the annual legislative review and analysis of the City's operating and capital budgets. • Directed a comprehensive evaluation of the city's capital planning program, including the identification of the level of funding needed to address capital needs, the research and identification of funding alternatives, the analysis and prioritization of capital projects, and the development of a funding plan matching the most appropriate funding sources for specific capital projects. • Analyzed the potential of impact fees as a funding source for addressing capital needs. Served as a liaison with the development community as fees were developed. Developed legislation to enact impact fees within the city. • Analyzed existing programs and policies as well as proposed legislation, =nn.minnii-1 1214 South Johnson Street, Boise, Idaho 83705 + phone (208) 860-0133 fax (208) 342-3728 + email: agerber@cableone.net OTSUL�NG • • Anne Wescott operations; consistency with legislative policy and governmental regulations, and legal, economic, political, and service level impacts. LEGISLATIVE AUDITOR Salt Lake City Council • Conducted and coordinated legislative audits. Performed research and analysis of existing programs and proposed public policies and ordinances. • Collected and analyzed benchmark information from comparable jurisdictions. FISCAL ANALYST Salt Lake County Fine Arts Division • Analyzed the fiscal operations of the division, identifying opportunities for cost savings and revenue enhancements. • Audited outside contracts with the division to ensure fiscal accountability and cost effectiveness of operations. PROJECT DIRECTOR, SOUTHEAST BOISE NEIGHBORHOOD PLAN Southeast Boise Neighborhood Association, Boise, Idaho • Directed the development of a comprehensive neighborhood plan. • Facilitated meetings with neighborhood groups, business and property owners, and other stakeholders, designed to gain information and reach consensus on community planning and development issues. • Prepared proposals for and acquired funds from local businesses and governmental agencies to support the functions associated with the development of the plan. - VICE -CHAIR Ada County Planning Association (COMPASS) Citizens' Advisory Committee Boise, Idaho • Evaluated city and county programs and policies including regional transportation planning and air quality programs. Advised and made recommendations to executive board members. • Analyzed the agency's process for Iong-range transportation planning as well as public involvement practices and policies. Identified opportunities for enhanced service levels and citizen satisfaction. 1214 South Johnson Street, Boise, Idaho 83705 • phone (208) 860-0133 fax (208) 342-3728 • email: agerber@cableone.net 0 "A 0 ALENA 0SULTING 0 Anne Wescott • Analyzed and contributed to prioritization of Ada County's five-year Transportation Improvement Plan. EDUCATION M.P.A - Public Administration, University of Utah, summa cum laude B.A. - Public Administration, Seattle University, summa cum laude PRESENTATIONS AND PUBLICATIONS Activity -Based Cost Management. Presentation for Salt Lake City Corporation. April 2002. Addressing Capital Needs Presentation for the Utah League of Cities and Towns Mid -Year Conference. St. George, Utah. April 2001 Impact Fees: A Guide for Utah Municipalities 2000. Paper currently being developed into a publication by the Utah League of Cities and Towns. Muncipal Bud eting for Elected Officials Presented for the Utah League of Cities and Towns at several statewide conferences for newly elected officials. 1997- 1998. 1214 South Johnson Street, Boise, Idaho 83705 • phone (208) 860-0133 fax (208) 342-3728 • email: agerber@cableone.net b. JOANN c BUTLER OFFICE: Spink Butler Clapp, LLP 251 E. Front Street, Suite 200 P.O. Box 639 Boise, Idaho 83701 (208) 388-1000 (208) 388-1001(fax) jbutler@sbc-attomeys.com PRESENT PROFESSIONAL, ATTORNEY A_ T LAW Spink Butler Clapp, LLp, Boise, Idaho. EXPERIENCE: August 2001 to present Concentration in land use, real estate, commercial and environmental law. Land use experience includes: working with landowners and local governments to guide commercial and residential developments through annexation, planning, and zoning procedures. Transactional real estate work includes: purchase contract, lease and loan document negotiation and drafting; title insurance and survey work; and all aspects of bringing the transactions of major commercial and industrial clients to a close. Environmental experience includes leading industrial and commercial clients through federal, state and local environmental regulations. BOARDS AND CM041 TEES: The City Club, 1995 - present. Neighborhood Housing Services, 1994 - present TitleOue Advisory Board, 2002 - present. Bronco Athletic Association, 2000 - 2002. Boise City Parks Department Development Impact Fee Advisory Committee, 1999-2000. United Way of Ada County, 1994 -1997. Association of Retarded Citizens (ARC), 1990-1993. PAST PROFESSIONAL EXPERIENCE: ATTORNEY AT LAW_ Moffatt„ Thomas, Barnett, Rock & Fields, Boise, Idaho. November 1999 to July 2001. Partner in the Real Estate Department. ATTORNEY AT LAW Spink & Butler, Boise, Idaho. June 1993 to June 2001 Partner. rE ATTORNEY,AT LAW Givens Pursley & Huntley, Boise, Idaho. August 1990 to May 1993. Partner in the Real Estate Department. ATTORNEY AT LAW Sachnoff & Weaver, Ltd., Chicago,Illinois. June 1986 to July 1990. Associate in the Real Estate Department and the Environmental Group. DIRECTOR. Planning Advisory Service (PAS), American Planning Association, Chicago, IDinois. August 1985 to June 1986. RES =H ASSOCIATE American Planning Association, Chicago, Illinois. August 1980 to June 1981; April 1982 to June 1986. RESEARCH ANALYST Melaniphy and Associates, Chicago, Illinois. June 1981 to April 1982. RESEARCH OFFIC]~R Institute for Social and Economic Research, Republic of South Africa. January 1975 to July 1980. EDUCATION: Georgia Institute of Technology. June 1991 Completed Certification requirements for the Program on Development Impact Fees J -D- Chicago -Kent College of Law, Illinois Institute of Technology 1982-1986 Completed certification requirements for the Program in Environmental and Energy Law M.A. University of Natal, Durban, Republic of South Africa (Geography) 1977-1980 B.S. State University of New York at Buffalo (Geoscience) 1969-1973 PUBLICATIONS: ooks Land Use Law Handle- -Regulation or Strangulation Economic Aspects of Development: The Use of Impact Fees- (Co-author). Springfield: Illinois Institute for Continuing Legal Education, 1990. The New Era of Home Based Work. Kathleen E- Christensen, editor. Chapter 14: LocalZoning0rdi ==GovmingHomeOccupatious. Boulder: Westviiewprew, 1988. Monoeranhs Transportation Corridor Preservation- Ada Planning Association. Boise, Idaho, 1993. E41 e Newra of Homework: Dir ns and R nsibilities. U.S. Department of Health and Human Services. Washington, D.C., 1987. Revising Zoning Codes to Encourage Home Occupations. American Planning Association, Planning Advisory Service Report No. 391. Chicago: APA, 1985. Affordable n le Famil Housin : A Review of Devel ent dards (Co-author). American Planning Association, Planning Advisory Service Report No. 385. Chicago: APA, 1984. PI 'Ts' Salaries and Emuloymrrst Trends 19-3 (Co-author). American Planning Association, Planning Advisory Service Report No. 382. Chicago: APA, 1984. Electric Utility Transmission Lines and d se Co aUbility. Bibliogranhv. Washington, D.C.: Edison Electric Institute, 1983. Arntotated Chica o — ehensiveNei Needs al sis: Ci ideNeed Anal is (Co-author). Chicago: City of Chicago and Melaniphy & Associates, Inc., 78 vols., 1982. Reducing Earthquake Risks: A Planner's Guide (Coauthor). American planning Association, Planning Advisory Service Report No. 365. Chicago: APA, 1981. GeOgORhY of Well Brain in Urban Housin Environments: An Isis. Durban: University of Natal, Master's Thesis, 1980. Studying Relative Deprivation u h Activit}LSpace Anal sis. Cape Town: South African Geographical Society, 1979. Housing Environments and Social Well Being. Durban: Institute for Social and Economi Research, 1978. Articles "RecentLimits on Municipal Antitrust Liability" (Co-author), Land Use and Zoning Ih est February, 1987. "Affordable Housing: A Selected Bibliography", PA emo January, 1985. "public Information pamphlets", PAS Memo July, 1984. "Tracke said piglet, Paw marks'": StudyingRelative Deprivation through Activity Space Analysis," South African Geogranhi 31 JOurnal, 1979. Abstracts 0 Bimonthly publication ofnationwide state legislation and court cases covering land use issues. Land Use Law and Zonin Divest. Chicago: American Planning Association, 1986 to 1988_ PAPERS & PRESENTATIONS: Association of Idaho Cities, Funding Growth: lbeDevelopment of ct Fees. Pocatello, Idaho, June 2002 and Caldwell, Idaho, August 2002. Idaho Law Foundation, Inc, Annual Update on Idaho Real Estate Law. Boise, i Idaho, December 2001. Idaho Law Foundation, Inc. Construction Law Update, Idaho Falls, Idaho, May 2001. Idaho Law Foundation, Inc. Annual Update on Idaho Real Estate Law. Idaho Falls and Boise, Idaho, December 2000. Idaho LawFoundation, Inc. Constrtiction Law U date. Boise, Idaho, October 2000. Sonoran Institute, Growth Management Red Lodge, Montana, May 2000. Idaho Law Foundation; Inc. Annual Update on Idaho Real Estate Law. Boise, Idaho, December 1999. Idaho Law Foundation, Inc. Annual Update on Idaho Real Estate Law. Boise, Idaho, December 1998. Idaho Law Foundation, Inc. The Need for Planning and Zonint; Consistenyin Light of Supreme Court "Talangs" Cass. Boise, Idaho, August, 1995. Idaho Law Foundation, Inc. Planning and Zoning Consistency in Light of Supreme C N't ` a—IdAIM" Cases. Boise, Idaho, 1995. IPLA, Growth Management Through ,sand Use Planning and Law. Boise, Idaho, 1994. Idaho Law Foundation, Inc. Land Use Law and Practice Seminar. The Takings Issue: Remarks Made on -First English, Nollan Ke-yftne and Lucas. Boise, Idaho, 1992. National Business Institute, Inc. Major Land Use Laws in Idaho Seminar. Environmental Issues and, Property Development. Boise, Idaho, 1992. Illinois Association of County Zoning Officials, Annual Conference. Model Rules ofProcedure for Zoning Boards of Appeal, Joliet, Illinois, 1989. -4 • APPENDIX B. RFP Provisions V 0 E Date: _ (r�� D G MC �esec-rc� %4" �oAsiAH��h "Submitter" By: —T kow,as�►' Title: REQUEST FOR PROPOSAL FOR RVIPACT FEE STUDY 5 11 n ' ORIGINAL L BASE The undersigned has read and fully accepts the City of Meridian's ("City"), discretion and non -liability as stipulated herein, and expressly for, but not limited to, the City's decision to proceed with a selection process in response to the Request for Proposals for an Impact Fee Study. A. Discretion of the City: The City reserves the right in its sole discretion and judgment for whatever reasons it deems appropriate to, at anytime: (1) modify or suspend any and all aspects of the process seeking interested consultants to perform the services herein referred to as the Request for Proposals (RFP); (2) obtain further information from any person, entity, or group, including, but not limited to, any person, entity, or group responding to the City's RFP (any such person, entity, or group so responding is, for convenience, hereinafter referred to as Submittal and to ascertain the depth of Submitter's capability and desire to perform services for the City and in any and all other respects to meet with and consult with any Submitter or any other person, entity, or group; (3) waive any formalities or defects as to form, procedure, or content with respect to its RFP and any responses by any Submitter thereto; (4) accept or reject any statement and/or fee proposal received in response to the RFP, including any statement or fee proposal submitted by the undersigned, or select any one submission over another; (S) accept or reject all or any part of any materials, plans, implementation programs, schedules, phasings, and proposals or statements, including, but not limited to, the nature and type of proposal. B. Non -Liability of the City of Meridian. The undersigned agrees that the City of Meridian shall not have any liability whatsoever of any kind or character, directly or indirectly, by reason of all or any decision made at the discretion of the City of Meridian, as identified above. ,(i�,� �) '�`laC' parr � � �rfSk (Y'trl Submitter � BY: Th0i1A5 Title: A6V%AA;N Date: � r REQUEST FOR PROPOSAL FOR IMPACT FEE STUDY [l 0 March 10, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Legal Department ITEM NO. 6-C-2 REQUEST New Evaluation Form 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 Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. March 10, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Legal Department ITEM NO. 6-C-3 REQUEST Release and Authorization to Distribute with Newberry Enterprises 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: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Icy City Of Meridian March 8, 2006 Economic Development Corporation of the City of Meridian, Idaho RE: Ada County Highway District v Newberry Enterprises, et al. Case No. CV OC 0602453 Ladies and Gentlemen: As I believe you know, .you have been named as a Defendant in the above -captioned condemnation lawsuit by reason of your holding a security interest in Newberry Enterprises' real estate. Newberry Enterprises anticipates a quick resolution of at least a portion of this condemnation suit, which will not jeopardize the operation of the partnership or its tenants, including Micro 100 Tool Corporation. Newberry Enterprises, an Idaho general partnership, has employed an attorney, and Newbery Enterprises hereby agrees to indemnify you and save and hold you harmless for any claims or losses, including attorneys fees and costs, in this condemnation suit, which, incidentally does not accuse you of any wrong doing, in consideration for which you have authorized the release of any condemnation award directly to Newbery Enterprises. Yours very truly, NEWBERRY ENTERPRISES, an Idaho general partnership By: mc &� - Dale Newberry Its: General Partner (157041) 0 RELEASE ARID AUTHORIZATION TO DISBURSE Clerk of the Court Ada Comity District Court 200 W. Front Street Boise, ID 83702-7300 Ada County Highway District 3775 Adams Shed Garden City, ID 83714 Newberry Enteprism an Idaho general Partnership 1410 E. Pins Avenue Meridian, ID 83642 RE: Ada County Highway Diet v. Newberry Enterpri, et al. Can No. CV OC 0602453 Ladies aril Gentlemen: Economic Development Corporation of the City of Meddia% (`SDC") is a named Defendant in the above -matter by reason of its capacity as a lender to Newberry F.ntez-Ons, an Idaho general partnership, and bolder of a security interest in the Partnership's property. The EDC disclaims any interest m praxeds payable fiom the Ada County Highway District ("ACHD'7 from any condemumation award m this matter, and audonzes each of you to release all such firads entirely to Newberry Enterprises, an Idaho general partnership. ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF MERIDIAN Dated: -/`�'�6 Br. r .r r deo, (151041_4) C� March 10, 2006 MERIDIAN CITY COUNCIL MEETING March 14, 2006 • APPLICANT ITEM NO. 8 REQUEST Request by Giuseppe Veneziano to waive fees for Conditional Use Permit Application for Joe Up and Go Coffee Shop AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached A A Contacted !2-a V. Date: ®(P Pone: 9O, f- 3 4? Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 403 Fast Fairview #24 Meridian, ID 83642 208-888-3988 Wednesday March 8, 2006 To: Meridian City Council 0 y IET MAR - 9 2000 C-oI Y OF MERIDIAN ,' IIT 1 CLERK This letter is in the regards to the relocation of my coffee shop, "Joe Up and Go." I shut down operations of this venue and moved it to the rear of the nursery to make way for construction efforts taking place on the lot in September 2004. This decision was prompted by the property owner's request. I am now attempting to reopen my coffee shop and have been told I must pay $1,050.00 to the City of Meridian to reopen on the same property. In January 2000, I went through the entire process with Ada County PNZ, where I paid all of the necessary fees and received all of the proper documentation to open and proceed with business. At that point in time, all businesses in the area were under the supervision of Ada County PNZ and paid the fees associated with them. I was also informed that existing businesses would be grandfathered in and would not have to pay City of Meridian fees, over and above already paid fees to Ada. County PNZ. I believe my business falls under this provision because I am opening on the same property and only temporarily closed shop to allow the property owners the space and time needed to complete the construction. "Joe Up and Go" is an existing business, not the opening of a new one, and therefore should not be subject to new fees associated with the City of Meridian, since all required fees were already paid to Ada. County PNZ. In addition, I am a private business owner trying to develop my business in a thriving area of the Treasure Valley. I opened my coffee shop in what I thought would become a very heavily traveled area of town, and it has. However, as entrepreneurship goes, income still comes hard and I currently do not have the funds to pay this unexpected expense and without being able to open again, I have no way to obtain the income to pay these fees. Financially, I have always thought these fees were taken care of in the beginning and never expected or planned for having to pay them again. I would hope you would take this into consideration. I was a business owner in this area of Meridian when no one else was there and I am trying to continue my operations. The movement of my coffee but was not by choice and was to allow for construction efforts to promote the businesses in the area. I hope I will not be penalized for accommodating this effort. If you have any questions or need further documentation of these facts, please don't hesitate to contact me. I appreciate the council's time and their consideration of my situation. Sincerely, Giuseppe Veneziano March 10, 2006 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT ITEM NO. 9 REQUEST Reconsideration / Clarification Request by Planning Director of City Council's Action for VAR 05-027 Request for a Variance to UDC 11-3.H requirements for access to State Highway 69 for Meridian Gateway 1601 S. Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. March 10, 2006 FP 06-006 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Vision First, LLC ITEM NO. 10 REQUEST Final Plat approval of 50 residential lots and 13 common lots on 23.97 acres in an R-2 zone for Kingsbridge Subdivision No. 2 — south of Victory Road on west side of Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Staff Comments See attached Comments No Comments See attached Comments Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF VISION FIRST, ) LLC FOR FINAL PLAT APPROVAL ) OF 50 RESIDENTIAL LOTS AND 13 ) COMMON LOTS ON 23.97 ACRES ) IN AN R-2 ZONE LOCATED ) SOUTH OF VICTORY ROAD ON ) THE WEST SIDE OF EAGLE ROAD ) IN A PORTION OF LOT 11, BLOCK ) 2 OF DARTMOOR SUBDIVISION, ) WITHIN A PORTION OF THE S % ) OF THE NW 1/ OF T. 3N., R. 1E., ) SECTION 28 ) C/C March 14, 2006 CASE NO. FP -06-006 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on March 14, 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 14, 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 KINGSBRIDGE SUBDIVISION NO. 2 LOCATED IN A PORTION OF LOT 11, BLOCK 2 OF DARTMOOR ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KINGSBRIDGE SUBDIVISION NO.2 / (FP -06-006) Page 1 of 4 0 • SUBDIVISION, WITHIN A PORTION OF THE S %2 OF THE NW % OF T. 3N., R. IE., SECTION 28, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 01/25/2006, SHEET 1 OF 7, FOX LAND SURVEYS, INC.", VISION FIRST, 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 14, 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 5 pages, and by this reference incorporated herein, and the response letter from Vision Land Management, 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 Council taken at their March 14, 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KINGSBRIDGE SUBDIVISION NO.2 / (FP -06-006) Page 2 of 4 discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 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 KINGSBRIDGE SUBDIVISION NO.2 / (FP -06-006) Page 3 of 4 • i 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 theday '' ATTEST: WILLIAM G. BERG, JR., Copy served upon: Applicant Planning and -�- Public Works V City Attorney By: {' l�ti'l dn SYw- -TV--- City -City Clerk's Office .�.,jOwl , Dated: 03 - N -L) - ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KINGSBRIDGE SUBDIVISION NO.2 / (FP -06-006) Page 4 of 4 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAWENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: March 14, 2006 Transmittal Date: March 9, 2006 Mayor & City Council r j'q0�V6� Sonya Watters, Assistant City Planner 1S Michael Cole, Development Services Coordinator C Kingsbridge Subdivision No. 2 Request for a Final Plat Approval of Kingsbridge Subdivision No. 2 Consisting of 50 Single-family Residential Building Lots and 13 Common Lots on 23.97 Acres in an R-2 Zone by Vision First, LLC (File# FP -06-006) submittal and offer the following comments and conditions of the applicant. be considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Vision First, LLC, has applied for final plat approval of the second phase of Kingsbridge Subdivision. This phase includes 50 single-family residential building lots and 13 common lots on 23.97 acres in an R-2 zone. The gross density of this phase is 2.09 dwelling units per acre and the net density is 2.67 dwelling units per acre. This phase is located east of S. Eagle Road, approximately %i mile south of E. Victory Road, in the NW %a of Section 28, T.3N., R.IE., and is a portion of Lot 11, Block 2 of Dartmoor Subdivision (Ada County Subdivision). Kingsbridge Subdivision was annexed under the R-3 zoning district; however, as part of the Unified Development Code amendments, the City has rezoned all existing R-3 districts to R-2. A Conditional Use Permit/Planned Development was approved for this subdivision that included a reduction to the minimum street frontage requirement in an R-3 zone to 60 -ft. for non cul-de-sacs lots and 30 -ft. for cul-de-sac lots; a reduction in the minimum lot size to 12,000 s.f.; and the maximum block length allowed to extend to 1,325 feet. The common area lots within the subdivision consist of landscaping and open space and will be maintained by the Kingsbridge Subdivision Homeowners Association. The pressurized irrigation system within this development is to be owned and maintained by the Homeowners Association. The final plat for this phase substantially complies with the approved Preliminary Plat. Staff recommends approval of Kingsbridge Subdivision No. 2 with the comments and conditions stated in this report. Exhibit "A" FP -06-006 Kingsbridge Sub2 FP.doc PAGE 1 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAENTS STAFF REPORT SITE SPECIFIC REQUIREMENTS Applicant is to meet all terms of the approved Annexation (AZ -05-003), Preliminary Plat (PP -05- 004), Conditional Use Permit (CUP -05-004) and Development Agreement (Inst. No. 105092050). 2. Revise the following notes on the face of the plat dated 1/25/06, prepared by Fox Land Surveys, Inc., prior to signature on the final plat by the City Engineer: (2.) "...or as allowed by Conditional Use Permit (CUP -05-004)." Add a second sentence, "Setbacks shall be measured from the property line or the adjacent sidewalk, whichever is more restrictive." (6.) Add Lot 9, Block 13 as a common area lot. (*) Add a note referencing the approved Development Agreement Instrument No. 105092050. (*) Add a note stating, "Lot owners are responsible for maintenance of any irrigation/drainage pipe or ditch that crosses there lot unless such responsibility is assumed by an irrigations/drainage district" (*) Add a note stating, "The bottom elevation of house footings shall be set a minimum of 12 inches above the highest known normal ground water elevation." 3. Dedicate additional Public Utility, Drainage and Irrigation easement adjacent to the right-of-way. The extra must be enough to provide 10 -feet free past the back edge of the sidewalk. Either reference this in a plat note or graphically depict it on the face of the plat. 4. The applicant shall construct a 3 -rail fence along the Dartmoor Drive frontage in phase I for the existing homes along Dartmoor Drive that currently do not have fencing (see previous commitment by the applicant). In lieu of a 3 -rail fence, a white vinyl fence shall be installed on the south side of Parcel #R1734560100. Said fencing shall be completed prior to the issuance of the first building permit in this phase (phase II) of the development. 5. Fencing must be in compliance with UDC 11-3A-6 and 11-3A-7 and the fencing plan approved with the preliminary plat. Temporary construction fencing to contain debris shall be installed around the perimeter of this phase unless permanent fencing already exists at the subdivision boundary. Perimeter fencing shall be installed prior to release of building permits for this phase. 6. Include the recorded instrument number of the seepage bed easement for ACRD on sheet 2 of the plat. 7. Lot 17, Block 11 does not meet the required street frontage of 60 feet; revise plat to meet this requirement. Graphically depict a 5 -foot wide Public Utilities, Drainage and Irrigation easement in the following locations, the will be interior lot lines to future/existing phases. a. Western boundary of Lot 3, Block 11. b. Eastern boundaries of Lot 21, Block 11, and Lot 1, Block 2. 8. Complete the CP & F numbers on the face of the plat. 9. This subdivision shall be required to meet the dimensional standards of the R-2 zoning district except for reductions approved through the conditional use permit. Exhibit "A" FP -06-006 Kingsbridge Sub2 FP.doc PAGE 2 CITY OF MERIDIAN PAING AND PUBLIC WORKS DEPAAENTS STAFF REPORT 10. For all street bulb -outs with landscape islands, paint the adjacent curb red and provide signage "No parking fire lane." All roadways shall have a turning radius of 28 -feet inside and 48 -foot outside. 11. Sanitary sewer for this project is being proposed via extension of mains located in a previous phase of this development. The applicant shall be responsible for installing mains to and through this development, coordinate mains size and routing with the Public Works Department. Standard forms of easements are required for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than three -feet from finish grade to the top of the pipe. If cover is less than three -feet from the sub -grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 12. Water service is being proposed via extension of mains in previous phases of Kingsbridge. The applicant will be responsible to construct water mains to and through this proposed development, 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 form of easements, for any mains or facilities that are required to provide service. 13. The Landscape Plan, prepared by The Land Group and dated 2/8/06, shall be revised as follows: a. Minimum five-foot tall wrought iron fencing is required along the southern perimeter boundary of this phase; revise plan accordingly. b. Include class of trees in plant schedule. C. Woody shrubs in required landscape areas are required to be 2 gallon pot size minimum; revise plant schedule. d. Revise plan to include Lot 1, Block 12 as part of this phase; plan indicates that this lot is "not a part" on sheet L1.2. e. Show landscaping (grass) in Lot 32, Block 3. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 14. 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 11-313- 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 15. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Homeowner's Association. Since the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 16. 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 Exhibit "A" FP -06-006 Kingsbridge Sub2 FP.doc PAGE 3 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAAENTS STAFF REPORT municipal water system shall be required. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer 17. All irrigation ditches, laterals, and canals (excluding the Ten Mile Feeder) 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 inigation/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, plans will be reviewed and approved by the City Engineer prior to final plat signature. The applicant has indicated that the Army Corps of Engineers and Boise Project Board of Control do not want their facilities in this development to be piped. Staff has received documentation to concerning the Ten Mile Feeder, but not has seen any documentation regarding the Nine -Mile Drain under the jurisdiction of the Army Corps of Engineers. Prior to signature on the final plat for this phase the applicant shall either pipe the Nine -Mile Drain (the ditch that lies between Eagle Road and Dartmoor Subdivision) or submit documentation that the Army Corps of Engineers will not allow it. Prior to signature of the final plat by the City Engineer, submit a signed agreement between the applicant and the Boise Project Board of Control regarding operation and maintenance of facilities associated with the Ten Mile Feeder Canal. 18. As agreed to by the applicant previously, the applicant shall pipe the tail ditch from the Dartmoor irrigation pond (along Eagle Road, north of Dartmoor Drive) through the site and install a head gate on the new inlet to control water flow into the pond prior to issuance of the first building permit in this phase (phase II) of the development. 19. Complete the Certificate of Owners and its accompanying Acknowledgement. 20. Staff's failure to cite specific ordinance provisions or terms of the approved Preliminary Plat, Conditional Use Permit or Development Agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. 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. 2. 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. 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. 4. 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. Exhibit "A" FP -06-006 Kingsbridge Sub2 FP.doc PAGE 4 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAAkENTS STAFF REPORT 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. 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. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. 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. 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 11-613-7A. 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 Kingsbridge Subdivision No. 2 (FP -06-006) with the above stated comments and conditions. Exhibit "A" FP -06-006 Kingsbridge Sub2 FP.doc PAGE 5 VI S 10 N LAND MANAGEMENTL.t_.c. March 14, 2006 City of Meridian Planning Department. Attn: Sonya Watters 660 E. Watertower Lane, Suite 210 Meridian, Idaho 83642 RE: Kingsbridge Subdivision #2 Final Plat Staff Report & Conditions of Approval Ibis: Watters, Kingsbridge Properties TJ C, applicant/developer, is in agreement Staff Report dated 3;09/06 including the Site Specific Requirements and General Requirements. Said requirements & comments will be addressed prior to signature on the Final Plat by the City Engineer. t would add to Site Specific Requirement #7. It appears to me that bots 15, 16 & 17, Block 11, have less than the required 60' street frontage. These lots will be revised to meet the minimum required street frontage of 60 feet. The updated final plat will be submitted to City of Meridian stab' once all construction plan and landscape plan review comments from all agencies are addressed. This should insure a single staff review/approval prior to routing mylars for signatures. Since If, i► p Gordon D. Bates, P.E. Project Manager CC: Kon 1?11'ott, Visior. Land Management LLC ! .11TNI "! 1' March 10, 2006 FP 06-007 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Bellingham Park, LLC ITEM NO. 11 REQUEST Final Plat approval of 35 building lots and 2 common lots on 7.01 acres in an R-8 zone for Bellingham Park Subdivision No. 2 — South Locust Grove Road south of Victory Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: no comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF BELLINGHAM ) PARK, LLC FOR FINAL PLAT ) APPROVAL OF 35 BUILDING ) LOTS AND 2 COMMON LOTS ON ) 7.01 ACRES IN AN R-8 ZONE ) LOCATED ON SOUTH LOCUST ) GROVE ROAD SOUTH OF ) VICTORY ROAD IN THE SW 1/ OF ) T. 3N., R. 1E., SECTION 29 ) 1 C/C March 14, 2006 CASE NO. FP -06-007 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on March 14, 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 14, 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 BELLINGHAM SUBDIVISION NO. 2 LOCATED IN THE SW 1/ OF T. 3N., R. IE., SECTION 29, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 01/16/2006, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO.2 / (FP -06-007) Page 1 of 4 0 • SHEET 1 OF 5, BAILEY ENGINEERING, INC.", BELLINGHAM PARK, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from 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 14, 2006, listing 23 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Bailey Engineering, Inc, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their March 14, 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 current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO.2 / (FP -06-007) Page 2 of 4 i 0 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. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO.2 / (FP -06-007) Page 3 of 4 after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the Wh'' day OR de WEERD Attest: 04 i�� WILLIAM G. BERG, JR., CITY C1,E Copy served upon: ✓ Applicj�t�� ✓ Planning $e fafrd, ' arttment +�R ✓ Public Works Department City Attorney By: —� h a "U.0 City Clerk's Office Dated: 3•a8,QU ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO.2 / (FP -06-007) Page 4 of 4 CITY OF MERIDIAN PAING AND PUBLIC WORKS DEPAROENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: Hearing Date: March 14, 2006 Transmittal Date: March 6, 2006 Mayor & City Council Sonya Watters, Assistant City Planner "- Michael Cole, Development Services Coordinator C - Bellingham Park Subdivision No. 2 Request for Final Plat Approval of Bellingham Park Subdivision No. 2 Consisting of 35 Single-family Residential Building Lots and 2 Common Area Lots on 7.01 Acres in an R-8 Zone by Bellingham Park, LLC. (File# FP -06-007) We have reviewed this submittal and offer the following comments and conditions of the applicant. These comments and conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Bellingham Park, LLC, has applied for final plat approval of the second phase of Bellingham Park Subdivision. This phase includes 35 single-family residential building lots and 2 common area lots on 7.01 acres in an R-8 zone. The gross density of this phase of the development is 7.51 dwelling units per acre and the net density is 4.93 dwelling units per acre. This subdivision is located east of S. Locust Grove Road, approximately % mile north of E. Amity Road, in the SW % of Section 29, T.3N., R.M. The common area lots proposed within this phase of Bellingham Park Subdivision will consist of landscaping and open space. A Conditional Use Permit for a Planned Development was approved for this subdivision that allowed for reductions to the minimum requirements for street frontage (from 65 feet to 36 feet on non cul-de-sac lots) and lot size (from 6,500 s.f. to 4,140 s.f.). The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Bellingham Park Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved annexation (AZ -05-007), preliminary plat (PP -05- 009), conditional use permit (CUP -05-008) and development agreement (Inst. No. 105134292). 2. The applicant has indicated that Nampa Meridian Irrigation District will own and maintain the pressure irrigation system within this development. A letter of plan approval from Nampa and Meridian Irrigation District 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 creek or well source is not available, a single -point connection to the Exhibit "A" FP -06-007 Bellingham Park Sub2 FP.doc PAGE 1 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAROENTS STAFF REPORT 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. 4. It appears to staff that a portion of the lots proposed for platting lie within the flood plain associated with Ten -Mile Creek. Prior to signature on the final plat by the City Engineer the applicant shall submit a signed sealed certification from a Professional Surveyor or Engineer that states that no lots are encumbered by the flood plain, or submit a letter of map revision from FEMA that shows the flood plain being contained in the banks of the Ten -Mile, or revise the plat to remove those lots that are affected by the flood plain. 5. Due to relatively high existing groundwater levels, applicant shall submit a Master Grading and Drainage plan as part of the development plans to be submitted with each phase of this development. The Master Grading and Drainage Plan must be approved by the Public Works Department prior to overall plan approval. Builders must provide finish floor and crawl space elevation certification for each house prior to issuance of certificate of occupancy. The Master Grading and Drainage plan shall include at a minimum the following: a. Groundwater contours for this development at peak seasonal high depth. b. Finish floor elevation for all houses in this development. C. That all houses will be slab -on -grade construction. d. Finish grade elevation at each lot corner. e. Drainage flow patterns on all lots. Applicant shall maintain a minimum of five ground water monitoring wells in project, at locations approved by the Public Works Department. Applicant shall continue monthly ground water monitoring for two years after final approval of each phase and provide information to the Public Works Department. 7. If structural fill is to be placed on any lot, material specifications and compaction requirements shall be detailed and submitted to Public Works and the Building Department. 8. At the City Council preliminary plat hearing for this project the applicant testified that all buildings in this development would use slab -on -grade construction. Slab -on -grade construction shall be utilized in conjunction with typical footings, and builders of each lot shall comply with all recommendations contained in the applicant's Geotechnical Engineering Report (dated 6/10/04) prepared by Michael G. Woodworth, P.E., of Materials Testing & Inspection, Inc. regarding slab on grade construction. The builder of each lot shall provide fill material gradation certification and a minimum of one compaction testing report per 500 square feet of first floor area (including garage) and provide such reports to the Meridian Building Department prior to commencement of any framing. 9. A covenant shall be recorded for each lot within Bellingham Park Subdivision stating that the owner of the lot shall be responsible for maintenance of the drainage swale located on ACHD right-of-way fronting on the lot. 10. The landscape plan, dated 2/13/06, prepared by The Land Group, needs to be revised as follows: a. Fencing along the Ridenbaugh Canal must be 6 -ft. in height and constructed of a non- combustible material; revise plan accordingly and include detail of proposed fencing. b. Include the symbol for the multi -use pathway in the legend or include label on the plan. C. Include the tree class in the plant schedule for all proposed trees. Exhibit "A" FP -06-007 Bellingham Park Sub2 FP.doc PAGE 2 CITY OF MERIDIAN PAING AND PUBLIC WORKS DEPAAENTS STAFF REPORT Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 11. Fencing must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed around the perimeter of this phase unless permanent fencing already exists at the subdivision boundary. Perimeter fencing shall be installed prior to release of building permits for this phase. 12. A permanent public pedestrian easement shall be created for the lots that contain the multi -use pathway, and recorded prior to issuance of any building permits within the subdivision. The easement and/or right-of-way shall be sufficient width to cover the 10 -foot wide pathway shown. The hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. Applicant shall work with the City Parks Dept. and conform to the Park's Dept. standards for construction of the pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 13. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains in the Tuscany Development to the north. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, 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. 14. Complete the Book and Page number shown on the face of the plat for Bellingham Park Sub. 1. 15. The Certificate of Owners and the face of the plat are incongruent in regards to the distance called out along the boundary of the subdivision adjacent to Lots 3-5, Block 10. The applicant shall make the necessary corrections so that the boundary called out in the Certificate of Owners and the face of the plat are both accurate and the same. 16. Graphically depict a five-foot wide public utilities, drainage and irrigation easement in the following locations. They are interior lot lines to an existing phase: a) Western boundary of Lot 15, Block 1. b) Western boundary of Lot 11, Block 5. 17. Revise or add the following notes on the face of the plat dated 1/16/06, prepared by Bailey Engineering, Inc., prior to signature on the final plat by the City Engineer: (7.) Strike note; ACHD will not have an easement on the multi -use pathway on these lots. (*.) Add note: "This plat is subject to a development agxeement recorded as Instrument Number 105134292 of Ada County Records." 18. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 19. All structures not contained on a designated lot shall be removed prior to signature on the final plat by the City Engineer. 20. 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. Exhibit "A" FP -06-007 Bellingham Park Sub2 FP.doc PAGE 3 CITY OF MERIDIAN PAING AND PUBLIC WORKS DEPAMENTS STAFF REPORT 21. 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 22. Complete the Certificate of Owners. 23. Staff's 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 and the Ridenbaugh Canal, 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. 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. 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. Exhibit "A' FP -06-007 Bellingham Park Sub2 FP.doc PAGE 4 CITY OF MERIDIAN PAING AND PUBLIC WORKS DEPAI*ENTS STAFF REPORT Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the fmal plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, 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 Bellingham Park Subdivision No. 2 (FP -06-007) with the above stated comments and conditions. Exhibit "A" FP -06-007 Bellingham Park Sub2 FP.doc PAGE 5 0 0 Xhiley Engineering, Inc. CIVIL. ENGINEERING1PLAN NINGICADD DATE: March 14, 2006 TO: Mayor and City Council RE: Belllingham Subdivision No. 2 Dear Mayor and City Council, On behalf of our client we would like to state that Gemstar Properties, LLC., agrees with all Site Specific Comments and Conditions set forth in the final plat for Bellingham Subdivision No. 2. Thank you for your time and consideration, Sincerely, 1 u, Aj Lopez 1500 E. Iron Eagle Drive • Eagle, Idaho 83616 ♦ Tel.: 208-938-0013 • Fax: 208-938-0516 www.baileyengineers.com Exhibit 'B" March 10, 2006 FP 06-010 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Centennial Development, LLC ITEM NO. 12 REQUEST 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: 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: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. r: March 10, 2006 E AZ 05-043 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Benchmark Construction ITEM NO. 13 REQUEST Amended Ordinance No. 06-1210 - Request for Annexation and Zoning of 11.7 acres from RUT to R-4 and R-2 zones for Sunstone Subdivision - 1155 and 1123 North Black Cat Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Amended Ordinance Date: / 3 G6 Staff Initpi oa/llss: Materials presented at public meetings shall be'dom perfy of the Phone: Y3 r-,;?- j7 ADA COUNTY RECORDER J. OAVI� 'VARRO AMOUNT .00 1 BOISE IDAHO 03/23106 02:29 PM RECORDED-REQUEST OF III I'III�I')II��IIII�III�('�'II III SII Meridian City Public Works 106044346 CITY OF MERIDIAN AMENDING ORDINANCE NO. 06-1210 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN AMENDED ORDINANCE (AZ -05-043 SUNSTONE SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE NE 1/ OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUI`ITY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-2 (RURAL LOW DENSITY RESIDENTIAL) AND 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: Bob and Gail Burt & Sonderegger Family Trust. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-2 (Rural and Low Density Residential) and R-4 (Low Density Residential) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex acid 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 Ordinance: of the City of Meridian to annex and re -zone said property. AMENDED ANNEXATION OF AZ -05-043 SUNSTONE SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directi;d 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 City Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certi5ed 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-wil: 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 Stai:e 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 ,a'�day of �1iL�i'L!/ti. , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of2006. AMENDED ANNEXATION OF AZ -05-043 SUNSTONE ;SUBDIVISION Page 2 of 3 ATTEST: WILLIAM G. BERG, STATE OF IDAHO, ) : ) ss. County of Ada ) ��� ��satattttt P'P�'A CITY CL C q"A �e ttj' f�yfg4 ccpp " b GR`4' /J,PPPPPPPdi6 YP}Lk9@E'���`x ; On this 11A -V"' day of h Q at -t , 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. *•Veffff• ® T. .too f s P ; • � f • NOTARY PUBLIC FOR IDAHO RESIDING AT: WA I WtU�1 b MY COMMISSION EXPIRES: 10 -11-1 AMENDED ANNEXATION OF AZ -05-043 SUNSTONE SUBDIVISION Page 3 of 3 & Associates No ' 3031 108-9�b-•l855 T-83. ,.-„1S � P. .,..4•,/6 Roylance & Ass&,ates P.A. _t7gineers ® Surveyors s lanr#anners 391 W- Slane Street, Suds E Eao. lm =Is Teepmm fol93S2824 FaxM 939-2855 De-cember 13, 2005 Project No. 2624 Legal J3Cscrip110n Sunstone Enterprises R-4 Zone 5.12 Anes A trod of lod defined hactn for rezone pwcposes, said MWt situated rn the Northeast One Quarter of Section 9, TownshiP 3 Notch,. Range I West, Bobe Metirhan, Ada County, Tdabo, d-mct'bed as follows: Commencing at brass cup rrrortwnentiag the North; One Quarter Cornea of Section 10,thence foflown,,ft norchedy line of said Section lO Narth g9°36' 18” West a distwe of 2635.04 feet to;n brass colo morttunenvng rhe Notrhwe= Comer of Ssid -Seats®10. rhe NordWast Comer of Section 9..and an the czntertine of North Black Cat Rossi; Thence leaving said nartWdY line of *dd Section 10 and following said ceoterluu and the emster!y line of said Section 9 South'00°00'00" West a drs� of 1324.43 feet to the pt. W OF BEGIl MG; Thence fallowing said cenTerline and am a polnr, d easterly line South 00°OO'00" West a diUMVC of 47539 feet to Thence !raving said centerhne and ,and easterly Ime South 90°00100^ West a dista point, nce of 547 21 feet W a Thence North 00003'57" West a disTm= of 249.72 feet to a point on the proposed centerline of West Grey Towers Drive; Thence following !Wdproposed cenm dine North 89°56'03" East.a distance of 165.43 feet to a point, Thence leaving said proposed centerline Nord! 00003'57" West at distance of 226M feet to a point; Thmwe South 89°51'57" hast a durance of 382 31 feet to the PoWT OFBEG WNING. The 31)0ve-dewnbed trot of fond contwns 5.12 rights-of-w:ry.. acro more or less, subject to all existing easemeras and PteVar rd By: ROYLANCE & ASSOCIATES. P.A. 391 W. STATE nREET, SUM E EAGLJFE IDAHO 83616 208-9394824 208-939-3855 (FA.X) '.t Af•r 5-.. - t ttsj,ztatiichebattArkC2424WM ry %-4 1C, t�-13,.05 DEC 13 '®5 16:27 MA 1 U' W La � UQ `r' t rn W �Cl 2 yg,i.g ,t m W I 2 DEC 13 105 16:28 Assoc18t8S 208-8" ?B55 1 O, 31731 � TBS. 0 O u (NOR LV3)pym 'N U% U Ito W ^� m� 0 €_ 11,441 0 y z aQ N in C.3 tV wing `WC4 jr At _... -, :�Y�agce i Asscoiatiar Roylance & Asso6,,4tes PA. 20HIA-153 T-s3N8, 30315 P. 2J6 ' 1- 4neers a Sutvyors a umcolanners 391 W. S wSwit, State E, Eagle, Idaho 89816 Tefephaee W) 93 2824 Fax (M)939-2$ December 13, 2005 Project No. 2624 1.&gal Description Sututone Enterprises R-2 Lone 6.58 Acres A tract of lan4 defined hcatdn for Male puipases, said Mbar 3ittta W in the Nottbeez One Quay' of Set:tion 9, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, described as f4ows Commencing at brass cap iti muenting the Noah One Quaver Cotner of Secdm 10, thence following the n OWwdy line of said Section 10 North 89-36' 18" West u lista m of 2645.04 feet to a bntsss cop monumenting the Northwea Corner of said Section 10. tht: Northeast Cotner of Section 9, Cat Road; :tnd an the centet3iae of Noah Blrack 171ence )eaving said northerly line of said Section 10 and fW)owing said certtearline and the easterly line of said Section 9 South 00°00'0(1" West a distance of 1799.92 feet to a. paint; Thence leaving said Caltefltne and said easterly lune South 90" 0000' west a dt.+'tanee of 547.21 feet to the POWT Of BEGINNING; Thence SotM 90°00'00^ West a rLstance of 521.58 feet to apoiM Th=r Nosh U0°00'00" East a distance of 477.89 feet to a point, Thence South 89051'57" East a distance of 686.49 fact to a paint; Thence South 00°4357" Fast a dismace of 226,37 fat to a poimonthe pmposed centerline of Wpt Grey Towers Drive; The= following said Faposed amterhne South 89°56'03" WOM a distance of 165.35 fent to a point; iteruc letvifU said propud ceriretlirte South 00°03'57" B:ot a distance of 249.72 fact re the T PoiNT Or RMDO 11VG. The above-desaibed tract of land conWns 6.58 acres, more or tens, subject to an existing raaettietits and righrs- of-way. Prepaired 13y: R0Yl ANCE & ASS0CIATSS, P.A. 391 W. STATE STIFF.:h"]', SUJTe E EACt,Ir, IDAHO 83616 20&-939-28?,4 208-939-2855 (FAX) XU'ro,�a1$raftsnarhl262alrada�inu:�,lilit'3 Lrga[� t� ��ptip� ITEC 13 105 16:27 Ri 9!€ d sc�Epc oNt sser, viclez --�--�- 1 4Z -9T 90. £t 03II se�e�aoaay � eauei�c.•, .-.. .. NOTICE AND PUBLISHED SUMMARY OF AMENDED ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN AMENDING ORDINANCE NO. 06-1210 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Amended Ordinance of the City of Meridian granting annexation and zoning for land located in the NE'/ of Section 9, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachments "A". These parcels contain 6.58 and 5.12 acres for a total of 11.70 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached Exhibits `B" and not based on an actual field surveys. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho.,,WM,?rdinance shall become effective on the �_` = day of — n A Mayor and City Council of/the Oity of Nferid' By: William G. Berg, Jr., City Clerk - First Reading: Adopt �eF. bi suspension of the Rule as allowed pursuant to Idaho Code 5 `' NO Second Reading: n -- T�PPg7dEi41d4tZ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF AMENDING ORDINANCE NO. 06-1210 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 Amending Ordinance No. 06-1210 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this _ L day of LING , 2006. ,William. L.M. Na—, City Attorney AMENDED ORDINANCE SUMMARY -AZ -05-043 SUNSTONE SUBDIVISION Page 1 of 1 March 10, 2006 FP 06-008 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Clayn Sonderegger ITEM NO. 14 REQUEST Final Plat approval of 23 single-family residential building lots and 3 common area lots on 11.17 acres in R-2 and R-4 zones for Sond Subdivision — 1155 and 1123 North Black Cat 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 Staff Commends See attached Commends No Commends OTHER: Contacted: Date: Phone: Emailed: 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 CLAYN SONDEREGGER FOR FINAL PLAT APPROVAL OF 23 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 3 COMMON AREA LOTS ON 11.17 ACRES IN R-2 AND R-4 ZONES LOCATED AT 1155 AND 1123 NORTH BLACK CAT ROAD IN A PORTION OF THE SE 1/ OF THE NE 1/ OF T. 3N., R. 1W., SECTION 9 C/C March 14, 2006 CASE NO. FP -06-008 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on March 14, 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 14, 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 SOND SUBDIVISION LOCATED IN A PORTION OF THE SE 1/ OF THE NE I/ OF T. 3N., R. 1 W., SECTION 9, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOND SUBDIVISION / (FP -06-008) Page 1 of 4 DATE: 01/26/2006, SHEET 1 OF 3, THE LAND GROUP, INC.", DIMENSION PROPERTIES, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: March 14, 2006, listing 22 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 15 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from The Land Group, 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 Council taken at their March 14, 2006 meeting as follows, to -wit: 1.1 Adopt the action of the Council taken at their March 14, 2006 meeting, and specifically pertaining to the staff report, under Conditions of Approval, number 21, such now it reads as follows: CONDITIONS OF APPROVAL 21. a �e r efJ Parking on both sides of the street shall be allowed with a i.q-foot street section measuredback of curb to back of curb. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOND SUBDIVISION / (FP -06-008) Page 2 of 4 u 1.2 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOND SUBDIVISION / (FP -06-008) Page 3 of 4 0 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 may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the I4"' day of.2006.``�q<<e��uiu�i�iia de WEERD ATTEST: to WILLIAM G. BERG, Jif, C T „ s Copy served upon: ✓ Applic "1011M fill`d``A`�,4� ✓ Planning and Zoning Department ✓ Public Works Department ✓ City Attorney B An,&�t�J Dated: City Clerk's ffice ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOND SUBDIVISION / (FP -06-008) Page 4 of 4 CITY OF MERIDIAN PAING AND PUBLIC WORKS DEPASENTS STAFF REPORT STAFF REPORT: Hearing Date: March 14, 2006 Transmittal Date: March 9, 2006 TO: Mayor and City Council FROM: Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator C SUBJECT: Sond Subdivision Request for Final Plat Approval of Sond Subdivision Consisting of 23 Single- family Residential Building Lots and 3 Common Lots on 11.17 Acres in R-2 and R-4 Zone by Clayn Sonderegger. (File# FP -06-008) We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Clayn Sonderegger, has applied for final plat approval of 23 single-family residential building lots and 3 common area lots on 11.17 acres of land for Sond Subdivision. The approved zoning designation for the proposed subdivision is R-2 and R-4 (Low Density Residential and Medium Low Density Residential). The proposed gross density of the subdivision is 1.97 dwelling units per acre. The proposed net density is 2.45 dwelling units per acre. There was an error in recording the appropriate zoning for the property. We currently have the entire site zoned R4. This is incorrect. Staff has submitted corrected findings with the appropriate legal descriptions for the R-2 and the R4 zoning. Sond Subdivision is located at 1155 and 1123 N. Black Cat Road, in the NE % of Section 9, T.3N., R.1 W. The 3 common lots proposed for Sond Subdivision will consist of common area open space and will be owned and maintained by the Sond Subdivision Homeowners Association. The applicant has proposed to use City of Meridian potable water as the main source for their pressurized irrigation system. UDC 11 -3A -15-C allows for use of potable water as a last source for the pressurized irrigation system. The applicant has submitted documentation proving that they do not have sufficient surface water delivery to adequately serve a pressurized irrigation system. Staff has reviewed and agreed with this documentation and is in support of this request. The submitted final plat substantially complies with the approved preliminary plat for Sunstone Subdivision. Staff recommends approval of Sond Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS Applicant is to meet all terms of the approved preliminary plat (PP -05-045), annexation (AZ -05- 043) and variance (VAR -05-019). Exhibit "A" FP -06-008 Sond Subdivision (preliminary platted as Sunstone Subdivision) FP.doc PAC CITY OF MERIDIAN PL&ING AND PUBLIC WORKS DEPASENTS STAFF REPORT 2. The applicant has indicated that the Homeowner's Association will own and maintain the pressure irrigation system within this development, therefore plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system Operations and Maintenance manual must be submitted prior to plan approval, with the final draft being submitted prior to signature on the plat on the final phase of this development. 3. The applicant is proposing to use City of Meridian potable water as the main source for the pressurized irrigation system, therefore they shall be responsible for the payment of well development fees for each buildable lot. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Since a single -point connection is to be 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. 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. Sanitary sewer service to this site shall is being proposed via extensions from existing mains in N. Black Cat Road. They flow to the yet to be activated Black Cat Lift Station, Certificates of Occupancy shall not be issued until the Black Cat Lift Station is activated. 7. No manholes or water valves shall be allowed to be in the landscape islands. If sewer or water mains are routed underneath the landscape islands no trees shall be allowed, coordinate with the Planning Department for compliance with landscape requirements. 8. Applicant shall submit a License Agreement with NMID for the encroachment of the Kennedy Lateral prior to the City Council meeting. 9. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, 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. 10. Revise the face of the plat to include boundary length and bearings for Lot 1 Block 5. 11. There shall be no parking on the cul-de-sac at the terminus of W. Grey Towers Street. The applicant shall coordinate with the Meridian Fire Department on proper signage and/or curb painting to denote the no parking restriction. 12. Remove any buildings that do not meet setback requirements, prior to signature on the plat by the City Engineer. 13. If any of the existing buildings are to remain the applicant shall be responsible for the payment of assessments and the actual physical hook-up to City services. 14. The approved preliminary plat depicts an existing ingress/egress easement, prior to signature on the final plat provide documentation that this easement has been vacated. 15. If the applicant is going to record the temporary turn -around easements as a separate document include the instrument number for the turn -around on the face of the plat. Exhibit "A" FP -06-008 Sond Subdivision (preliminary platted as Sunstone Subdivision) FP.doc PAC CITY OF MERIDIAN PAING AND PUBLIC WORKS DEPASENTS STAFF REPORT 16. The landscape plan, prepared by The Land Group and dated 01/24/05, shall be revised as follows: a. Revise plant schedule to include tree class and quantity; b. Move conifers in landscape buffer along Black Cat Road to the middle of the buffer per UDC 11-3B5C; C. Lot 1, Block 5 shall not be planted with a tree if sewer and water mains are routed below. If sewer and water mains are not running below then Lot 1, Block 5 shall be planted with a deciduous tree, not a conifer as shown, per UDC 11-3B5C. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 17. Revise or add the following note(s) on the face of the plat prepared by The Land Group, stamped on 1/26/06 by Dennis Lewis, prior to signature on the final plat by the City Engineer: 3.) Revise to dedicate additional easement, there needs to be 10 feet past the edge of the sidewalk. 4.) Revise to read, "... lot 1 block 2, lot -31 block 3, !at 1 blee'k and lot 1 ..." 9.) Revise to read, "All lot lines common to the exterior boundary lines have a ten foot (10') wide permanent pressure irrigation, property drainage and public utilities easement, unless otherwise shown." *.) Add a note dedicating a 5 -foot wide public utilities, drainage, and irrigation easement along all interior lot lines. *.) Add a note, "Bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal ground water elevation." 18. 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. 19. All areas approved as open space shall be free of wet ponds or other such nuisances. All storm water 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 storm water 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. 20. Complete the Certificate of Owners, and the accompanying acknowledgement. 21. Unless otherwise approved by the Meridian Fire Department, applicant shall sign all roads in this subdivision "No Parking" on one side of the street, or revise the road width to meet the Fire Departments requirements of 33 feet face -curb to face -of curb for parking on both sides of the street. 22. Staff's 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. Exhibit "A" FP -06-008 Sond Subdivision (preliminary platted as Sunstone Subdivision) FP.doc PAC CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAENTS STAFF REPORT 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 inigation/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. 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. Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-14 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 12. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. Exhibit "A" FP -06-008 Sond Subdivision (preliminary platted as Sunstone Subdivision) FP.doc PAC CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAENTS STAFF REPORT 13. 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. 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 11-613-7A. 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. 15. 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Sond Subdivision (FP -06-008) with the above stated comments and conditions. Exhibit "A" FP -06-008 Sond Subdivision (preliminary platted as Sunstone Subdivision) FP.doc PAC • 0 W1 $0 r. y. CIU•: LAND (G)tOIT, I\t:. March 13, 2006 project Number: 2624 City of Meridian Planning & Zoning and City Council 660 I;. Watertower, Ste 202 Meridian, Idaho 83642 RE: Final Plat Application — Sond Subdivision To Whom It May Concern: We have reviewed the staff report for the public hearing scheduled for March 14, 2006 for the abovemendoned project. Generally, we agree with, and will conform with the Site Specific Requirements and General Requirements as listed in die report. However, we would like to further discuss Site Specific Condition No. 21 (street width regtdrement) at the public hearing. If you have any questions regarding the Sond Subdivision, please feel free to call me at (208) 939-4041. Sincerely, 'I'hc I1nd Group, Inc. Gabe Wclz, I?.I:I'. grw 0 C -t C- Mtn 3 -1 Ar- CLP 1+ern NO. 1-r 1:;. ... a::. m i .,r::J.a:' .'if,.�... .:: r',' m ! .. .' i,r:?: P,n i'!::' m (.n;; l.r..rd. i;}i,�. r:Y,t: t' i:r7:?r:.lr,'r� m r.. rj:�in r �u ..::r, r..r:,,rr, s i:p•5;' . {+•'� {,•' `.:h•,rr 1 tr tt',' tr stat, 1'Sr'Ir., irlaht,;,-1616 c 1',.'i).i.`%i'l,.ii141 1' .:rla.!>. t)J 1.6 m \\Ht\.1ltl'i:ItH�iH�lnlSp :r i;,iri Exhibit "t3" March 10, 2006 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT ITEM NO. 15 REQUEST Continued Public Hearing from March 7, 2006 - New Fees and Modification of existing fee by the Public Works Department necessary to cover the costs of developmer 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: Contacted: Emailed: see Previous Item Packet / Minutes Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 10, 2006 VAC 06-002 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Brenda Estates Homeowners Association ITEM NO. 16 REQUEST Vacate sewer and water easements within Lot 15, Block 1, Brenda Estates Subdivision - west of Ten Mile Road and north of Cherry Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Staff Comment Date: No Comment No Comment Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 10, 2006 VAC 06-001 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Brighton Development ITEM NO. 17 REQUEST Public Hearing — Request for a Vacation of a drainage and irrigation easements on Lots 1-6 Block 27, Lots 1-7 Block 28, Lots 1-7 Block 20, Lots 1-7 Block 30 of Quenzer Commons Subdivision No. 9 — w/o N. Locust Grove s/o E. McMillan 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 COMMENTS See witched Staff Comments No Comment CENTRAL DISTRICT HEALTH: No comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 10, 2006 AZ 05-060 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Ada County Highway District ITEM NO. 18 REQUEST Public Hearing — Request for Annexation and Zoning of 4.92 acres from RUT to C -G zones 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: COMMENTS See attached P&Z Item packet / Minutes See attached Recommendations / Findings Contacted: Date: Emailed: Staff Initials: Phone: Materials presented At public meetings shall become properly of the City of Meridian. March 10, 2006 MERIDIAN CITY COUNCIL MEETING March 14, 2006 AZ 05-061 APPLICANT Una Mas, LLC ITEM NO. 19 REQUEST Public Hearing — Request for Annexation and Zoning of 9.55 acres from RUT to C -G zones for Una Mas — 3475 East Ustick 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 attached P&Z Rom packet / Minutes See attached Recommendations / Findings Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 10, 2006 VAR 06-007 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Walker Homes ITEM NO. 20 REQUEST Public Hearing — Request for a Variance from UDC 11-2A-6 to measure street setbacks from the propertly line rather than the back of sidewalk for Vallin Courts Subdivision — west of North Meridian Road and south of West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: see attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 10, 2006 MERIDIAN CITY COUNCIL MEETING March 14, 2006 AZ 05-057 APPLICANT Red Cliff Development, LLC ITEM NO. 21 REQUEST Public Hearing — Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C -G zones for Bienville Square Subdivision — 2935 North Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: INTERMOUNTAIN GAS: US WEST: INTERMOUNTAIN GAS: IDAHO TRANSPORTATION DEPT OTHER: COMMENTS See attached P&Z Item packet / Minutes See attached Recommendations / Findings See attached Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. March 10, 2006 216316-m* MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Red Cliff Development, LLC ITEM NO. 22 REQUEST Public Hearing — Request for a Rezone of 10.05 acres from C -G to R-8, R-15 and C -G zones for Bienville Square Subdivisionm — 2935 North Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: IDAHO TRANSPORTATION DEPT OTHER: COMMENTS See attached P&Z Item packet / Minutes See attached Recommendations / Findings See attached Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meefings shall become properly of the City of Meridian. March 10, 2006 MERIDIAN CITY COUNCIL MEETING March 14, 2006 PP 05-059 APPLICANT Red Cliff Development, LLC ITEM NO. 23 REQUEST Public Hearing — Request for Preliminary Plat approval of 54 single-family residential lots, 22 multi -family residential lots, 14 common lots and 7 commercial lots for Bienville Square Subdivision — 2935 North Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: IDAHO TRANSPORTATION DEPT OTHER: COMMENTS See attached P&Z Item packet / Minutes See aBached Recommendations / Findings See attached Comments Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. March 10, 2006 CUP 05-052 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Red Cliff Development, LLC ITEM NO. 24 REQUEST Public Hearing - Request for a Conditional Use Permit for Mixed Use Regional project within 300 feet of a residence for Bienville Square Subdivision - 2935 North Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: IDAHO TRANSPORTATION DEPT OTHER: Contacted: Emailed: COMMENTS See aftached PSZ Item packet / Minutes See attached Recommendations / Findings See attached Comments Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. March 10, 2006 MI 05-013 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Red Cliff Development, LLC ITEM NO. 25 REQUEST Public Hearing - Miscellaneous Request for a Private Street application for multifamily and commercial development for Bienville Square Subdivision - 2935 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: Recommendations / Findings 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: IDAHO TRANSPORTATION DEPT See attached Comments OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 10, 2006 VAR 05-023 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Red Cliff Development, LLC ITEM NO. 26 REQUEST Public Hearing — Request for a Variance to allow access to a state highway for Bienville Square Subdivision --2935 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: IDAHO TRANSPORTATION DEPT See attched Comment OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • March 10, 2006 AZ 05-055 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Dyver Development, LLC ITEM NO. 27 REQUEST Ordinance — Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zones for Ambercreek Subdivision — North MeridianRoad and West McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: i OTHER: Contacted: Emailed: See aftached Ordinance Materials presented at public meetings shall become property of j joie 4;Ry of Meridian. ADA COUNTY RECORDER J. DAVI f "VARRO AMOUNT .00 BOISE IDAHO 03/23/06 02:29 PM DEPUTY Bonnie bIII I'll'II'IIIIII'll'II'V"I"II I'II RECORDEQ-REQUEST ST OF OF Meridian City Public Works 106044347 CITY OF MERIDIAN ORDINANCE NO. &'�?6-12,`6 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -05-055 AMBERCREEK SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE NE % OF THE NE'/ OF SECTION 36, 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 R-8 (MEDIUM DENSITY RESIDENTIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Dyver Development, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -05-055 AMBERCREEK SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its Passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this4'`�day of %Z 6fitC� 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this - day of %%t-GL2CEi.% 2006. MAYOR AMMY de WEERD ANNEXATION OF AZ -05-055 AMBERCREEK SUBDIVISION Page 2 of 3 ATTEST: WILLIAM G. BERG, Jl STATE OF IDAHO, ) : ) ss. County of Ada ) j%t►Ltb1it1141P1P.4lI*OF ��Jd9 CITY Cr9r r 163 . a� /P�1PPPPPDD DDDDiii®its On this _ j44" day of P{ ayeh 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. NOTARY PUBLIC FOR IDAHO RESIDING AT: &Id r L ► 1 p MY COMMISSION EXPIRES: -10-11-11 ANNEXATION OF AZ -05-055 AMBERCREEK SUBDIVISION Page 3 of 3 A paresi located In the NE 4 �,, the '/. Stion 36, Township North, Range t Wim, Boise Meridian, Ada County. Idaho, an ofec aho, and more particu" descrlbed as follows.. Commencing at a braes cap monument markt ICOM Which a 5M Inch diameter Iron n the feast corner of said Section 36. NE y bears N 89 ^boy g- W a distance of 1340n0 89 fast: the northwest comer of eatd NE �/, of the of 290. N 89,54'18"W abrg the northerly boundary of Bald NE 'k of the NE of 2p0,00 feet to a"Inch diameter iron pin and the POINT OF BSQINNIN E /, a distance Thence leaving said northerly boundary S 0902'52• W a Inch diameter iron pin; distance o1 834.83 test to a 518 Thence S 89-54'16" E a distance of 290.00 test to a of the NE s 54 Inch diameter iron pin on the a Uedy boundary of said NE 1/. v.; The diameter ia�Pinlma� ^dam' S 0 V'52' W a distance of 495,36 lest to a "inch southeast corner of said NE'/, of the NE '/; Tho*45'18 Of 11340.60 feet 10 a`SM Indl��eter Iro yb�m� of said NE 1h of the NE '�, a distance a<the NE %,, ng the southwest comer of said NE /, Thence N 0^02'06' E along the westerly boundary of said NE V4 of the NE '/, a distance of 1326.70 feet to a 5/8 inch diameter iron pin markinthe northwest comer of said NE '/, of the NE i/i; g Thence S the of 1050.89 feet lo89154'16* she ONTO BEGINNING. ury of said NE '/. of the NE '/. a distance This Parcel contains 35.33 acres and Is subject to any easements existing or in use. CII% W. Hansen, PLS t.statd Solutions, PC Revised - September 29, 2005 REVUKV �--fes'=�...' � OCT i'{ Agh a� Jams Pp-vcny lob 4 W-62 ......... . II m�arar aaaa SGJff/CY au�+wn aa. � I . N09706C /J?H70'� 01� .»._».... ._ «.....«...»_.._......... n�ri�.mr msrunz+xatwaravr �lJur++* .......�.......»».... ...............«_...._.... �II I t i $ ! f � I � � � �h P N� 4 A •Q E i i h {i FA mm I i lO+ti � �l I rrrwoarm,xaomr cumw �� .—.- �a: .._.._.._�_...... �r.,.....�.N DT17'S7' £_..—.—.—.—._.. �, 1*- 1 K AOMAW FA 9 q R B p� 7 � i ; I � i I oo�a. �#�ee ��a� �� E �g• � � p Z A a AA Y iApA bmc 6,g ilk Ix n.Dj ,19a 9 1 D D Aow 110;9 a 1AAg1fAAg�L NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- 12 19 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the NE 1/ of the NE % of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 35.33 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. may,, dinance shall become effective on the day of/l/Ll ��°' ti#1`�t� �Q�p p,de�!®� Mayor and City Council of tKe City of Mjridi - 7 q By: William G. Berg, Jr., City Clerk = "� First Reading: AdoptE Rule as allowed pursuant to Idaho Code 50-� Second Reading: Third ' suspension of the NO STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- 121 K 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-_1 )-I j of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of �Gr G '2006. Z::��illiam. �L.MNt6,—City Attorney ORDINANCE SUMMARY – AZ -05-055 AMBERCREEK SUBDIVISION Page 1 of 1 C] March 10, 2006 MERIDIAN CITY COUNCIL MEETING March 14, 2006 • RZ 05-022 APPLICANT Church of Holy Nativity ITEM NO. 28 REQUEST Ordinance — Request for a Rezone of 3.36 acres from R-8 to L -O zones for Church of the Holy Nativity — 828 West Cherry Lane Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Ordinance V Materials presented at public meetings shall become property of the City of Meridian. C5 Qn"t e M 5 n . 6o r-1 ADA COUNTY RECORDER J. DAVIp�AVARRO AMOUNT .00 5 BOISE IDAHO 03123/06 02:29 PMDEPUTY Bonnle ( RECORDED REQUEST OIF Meridian CHV Public Works 106044345 CITY OF MERIDIAN ORDINANCE NO. BY THE,CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE FINDING THAT EPISCOPAL CHURCH IN IDAHO, INC, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-05-022 — CHURCH OF THE HOLY NATIVITY) FOR REAL PROPERTY LOCATED IN THE SOUTHEAST 4 OF THE SOUTHWEST 4 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE -ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE -ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-8 (MEDIUM DENSITY RESIDENTIAL) TO L -O (LIGHT OFFICE) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of sad property, to -wit: Episcopal Church in Idaho, Inc. SECTION 2. That the above-described real property is hereby re -zoned from R-8 to L -O (Light Office) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re- zone said property. RE -ZONE OF HOLY CHURCH OF THE NATIVITY - RZ-05-022 Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this —day of /h42'1_Glia 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this �_ day of C'A' .2006. MAYOR 1AAMY de WEERD RE -ZONE OF HOLY CHURCH OF THE NATIVITY - RZ-05-022 Page 2 of 3 ��g�q�gtaaa rr raraPcs� ATTEST:' L baa WILLIAM G. BERG JR. C Y CLERK"',, > > STATE OF IDAHO, ) : ) ss. County of Ada ) On this l4"t'` day of M&rC>"% , 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. �'i�ALW NOT PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: 16-111 l RE -ZONE OF HOLY CHURCH OF THE NATIVITY - RZ-05-022 Page 3 of 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 C. Legal Description tyVVI, VVC LMARksLAT-o,% Colleen Marks, L.S. 7046 • 6405 UIWCk Road 9 Boise, Idaho 83704 111 Phone: (208) 378.7703 •Pent: (208) 370-7769 • Entail: M8rks1s@velo0ftus.net REZONE DESCIUPTION A parcel of land lying in a portion of the SEI /4 S W I/4 of Section 1, T.3N., IL 1 W„ BM., Ada County. Idaho. and being more particularly deeertbed as follows: Commencing at a point lying Along the conterline of Chary Lane and marking the S 114 Conte of said Section 1, T.3N" R 1 W., B'&, Ada County, Idaho, thence N.89°34'21"W. 180.00 feet along the said eeonterline of Cherry Lane and along the southerly boundary, of the said SEI/4 SWIA of Section 1 to a point, said point matting the REAL, POINT OF BEGINNING: ther>ce continuing N.89034'21 "W. 483.19 feet along the said centerline of Chewy bane and also along the said aoutherly lnwrdary of the SEI/4 SWIM of Section 1 to a point; thence N.0.18'39E. 300.87 fact along the easterly boundary of the Brady-Tingey Medical Building Condominium Pmieet Amendment No. l as recorded in Book 92 of Pints at Pages 10915 that 10417, records of Ada County, Idaho to a point marking the NS Comer of said Brady-Trpgey, Medical, Building Condominium property; thence N.89.34'21 "W. 0.75 futet along the aottherly boundary of the said Brady-Tingey Medical Building Condominium propertyto a point marlring the SB Corner of Deerfield Magor Subdivision as recorded in Book 59 of Plats at Pages S779 and 5779, records of Ada County, Idaho; dw=e'X.0.09'57" E- 43.09 foot along the easterly boundary, of said Dearfield Manor Subdivision to a point inn** the SW Comer of Cherry Manor Subdivision as recorded in Book 22 of Plats at pages 1442 and 1443, records ofAda County. Idaho; thence S.899341217B. 484.09 feet along the southarly boutndery of said Chesty Manor Subdivision to a point; dW= 9019'1 1 "W. 343.96 fact to the point of beginntag, containing 3.82 atlas, more or loss. The above description was prepared —W data of record, a field Hurt performed. „ Ys�w p�Fsoya�•.. ,!;W. ?n�(S DEPT; Exhibit C ' . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 REZONE SKETCH FOR CLAYTON LISLE A PARCEL OF LAND BEING A PORTION OF THE SEi/4 SW1/4 OF SECTION 1, T.3N., R.1W., SOM MERIDIAN. ADA COUNTY. IDAMD 2005 CHERRY MANOR SUBDIVISION BK. 22 POS. 1442.1443 om 5.89.3412— X84.09 g 3.81 ACRES` N u a m 211 A1989.68 �w 483,19 11 12 N.89'3471•W. 2692,88 W. CHERRY LANE REviEW APPROVAL MERIDIAN PUBLIC WORKS DEPT ..,A PUBLIC UNE TABLE - oEPT. 1 uu 1 N.B9'%k D.1rs' •oma 4a. 9 9 7 � P19 t NOT TOSCALE 04 too/zoom 8N7r13A11fISPNYI[yMt<p Exhibit C S114 COR, SEC.1 LEGEND PROPERTY LINE CENTmin o CALCULA'MON POINT DEX No. 314•-01-320-000 MARKS LAND SURVEWNG, INC COLLEEN MARKS, L.S. 7045 6405 USTICK RD. S VSE, IDAHO W704 1:8 (209) 378-"a) FX: l78-7769 P tarn -n .ftt A9))R)f.Anr. VVd nn -CI cn;r!71172 �i NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06--_ 22-1 PROVIDING FOR RE -ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning for land known as Church of Holy Nativity, located at 828 West Cherry Lane, Meridian, Idaho, in the SE '/ of the SW 1/ of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains .3.82 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed as attached as exhibit `B" by Colleen Marks of Marks Land Surveying, Inc. on December 12, 2005. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. '�stordipance shall become effective �6� on the qday of �%%QiLG� m���0 pF � e Mayor and City Council o the ity of Mesdi By: William G. Berg, Jr., City Clerk First Reading: Adopf�,�i�duspension of the Rule as allowed pursuant to Idaho Code 50-912. Second Reading:ANO 1!! f! STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- 'l a. l ,5�, 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- L, r' of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of BGG 2006. ORDINANCE SUMMARY — RZ-05-022 CHURCH OF HOLY NATIVITY Page 1 of 1 L� March 10, 2006 AZ 05-053 MERIDIAN CITY COUNCIL MEETING March 14, 2006 APPLICANT Eagle Springs Investments, LLC ITEM NO. 29 REQUEST Ordinance — Request for Annexation and Zoning of 5.87 acres from RUT to R-8 zones for Windham Place Subdivision — 2640 North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See altached Ordinance �6�I220.� Materials presented at public meetings shall become properly of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f BOISE IDAHO 03/23/06 02:� P RECORDED- REQUEST OF Meridian CIV Public Works 106.044344 CITY OF MERIDIAN ORDINANCE NO. tl%J6 — (Z 2- 0 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -05-053 WINDHAM PLACE SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN GOVERNMENT LOT 5 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Edward and Loretta Sweet. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -05-053 WINDHAM PLACE SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax 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 �4 'day of a/ZG� , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this - day ofG1il. , 2006. MAYOR T4541MY de WEERD ANNEXATION OF AZ -05-053 WINDHAM PLACE SUBDIVISION Page 2 of 3 �`�t I tjifftlitef@Fe C ATTEST: = a oe WILLIAM G. BERG, JR., eITY CLERI�� STATE OF IDAHO, ) ) ss. County of Ada ) On this 14*'" day of tA(LrCJ, , 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. —AXn'h&-UAj NOTARY PUBLIC FOR IDAHO RESIDING AT: d 11 , ip MY COMMISSION EXPIRES: 10 -11 -11 ANNEXATION OF AZ -05-053 WINDHAM PLACE SUBDIVISION Page 3 of 3 Legal Description IDAHO , 1450 East Watertower Sc SURVEY State 150 GROUP MOM12n.Id3ho 63642 Phone (208) 8.46-8570 Fax (208) 884-S399 Projcct No. 05-182 September 28, 2005 Windham Place Subdivision A parcel of land located in Government Lat 5 of Section 6, T.3N., R.11r., B.M., Ada County, Idaho, more particularly described as follows: CoantfencIng at•the West' 114 cornea of said Section 6, from which the Northwest cArriei of safd Sections bears North 000 17' 16" East, 2658.29 feet; 'Bence North 00117' 16" Past, 742.50 feet; Thence North 89142'44" East, 25M feet to a point on the East right -of --way of N. Meridian Road and the REAL POINT OF BEGINNING. Thence along said righ"f -way North 00°17' 16" East, .86.85 feet to the Southwest comer of Highgate Subdivision Phase 1, as same is recbrded•iaBook 90 -of Plats at Page 10471, Ada County records; Thence along the South boundary of said subdivision North 89°43'38" East, 480.50 feet to an angle point on the southerly boundary of Highgate Subdivision Phase 2, as same is recdrded in Book 90 of Plats at Page 10514, MA county, records, said point lying in the South Slough(Fingh Lateral); Thence along add slough aqd iouthdssterfy boundary. of said subdivision North 53°44'51" Fast, 493.59 feet (of record as North 33°38" F. ast,•7,3Q:oltaigs�, Thence North 35°30' 12" F,rtst, 258.83 -feet (of record as North 45'13' East, 3.80 chains); Thence North 89°43'38" Fast, 39.70 feet (of record a9 East 0.65.44h) tb the Northerst corner of said •Govetmucht Lot 5, common to the Northwest cohncr of Fothergill Pointe Subdivision No; 3, as same is recorded in Book 73 of Pim.at Page 7555, Ada County record&; Thence along the West boundary of said subdivigion and a westerly boundary of Fothergill Subdivision No. 1, as same is recorded in Book 6+1• of gAts at Page 6639, Ada County records, South 00°119'53" West, 701.74 feet (record 10.64 chains); Thence North 66°46'31" West, 36.90 feet (record North 661147' 10" West, 37.03 fed) to the most northerly corner of Lot 4, Block S of said Fothergill Subdivision No. l; Thence departing said subdivision boundaryNorth 6722'40" West, 181.20 feet (record 01'previous two cells North 66057' West, 3.25 chairs); Professional Land Surveyors Thence North 88012'59" Wast, 812.77 feet; Thence North 89042'44" West, 51.38 feet to the Point of Beginning. Containing 5.87 acres, more or leas. Prepared By: D: Terry Peu$k PLS z rrnn to rl . ocvnr i -sa.d � 1 1 a p gem+�d:p sga.a a 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 Government Lot 5 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 5.87 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 Fast Idaho Avenue, Meridian, Idaho„TWs'9Xdinance shall become effective on thee` day of Ma or and Ci Council o the ity of 1V rid' `" �' Y ty �L���. By: William G. Berg, Jr., City Clerk° First Reading: �1�� %� E� Adopt eaI suspension of the Rule as allowed pursuant to Idaho Code 50-9C`2�o,°° NO 1 6dt6 Second Reading: Third emg: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- t ,� a Q The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- 10190 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 7 day of IvUre- , 2006. lam. L.M. Nary, City Attorney ORDINANCE SUMMARY — AZ -05-053 WINDHAM PLACE SUBDIVISION Page 1 of 1 0 March 10, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST 0 March 14, 2006 ITEM NO. 30 Ordinance - Amendment to Fire Code Ordinance 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 Ordinance Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of 1 Tara Green From: Leonard. Herr@deq.idaho.gov Sent: Monday, March 06, 2006 3:35 PM To: Tara Green Cc: Michael.Toole@deq.idaho.gov; June.Hues@deq.idaho.gov; Kelo.Wetzel@deq.idaho.gov Subject: RE: City of Meridian Fire Code Amendment Follow Up Flag: Follow up Flag Status: Green Tara Thanks for letting us know about this. The ordinance looks great, and the language is uniform with other municipalities in the valley for open burning and woodstoves as they relate to air quality. This will help make communicating open burning and air quality information to the general public much easier in the future. Regards, Leonard Leonard E Herr Regional Airshed Coordinator Idaho Department of Environmental Quality 1445 N Orchard Boise, ID 83706 208-373-0457 leonard.herr@deq.idaho.gov From: Tara Green fmallto:greent@meridiancity.org] Sent: Monday, March 06, 20061.20 PM To: Kelli Wetzel; Michael Toole Subject: City of Meridian Fire Code Amendment Good Afternoon - this ordinance will be on our March 14th City Council Agenda. Please let me know if you have any comments or recommendations. Thanks, Tara Tara Green Deputy City Clerk City of Meridian City Clerk's Office 208-888-4433 Fact. 210 3/9/2006 CITY OF MERIDIAN ORDINANCE NO. C �� BY THE CITY COUNCIL: BIRD, GORTON, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 5, CHAPTER 2, OF THE MERIDIAN CITY CODE REGARDING: A SHORT TITLE, A STATEMENT OF PURPOSE, DEFINITIONS, A PROHIBITION AGAINST OPEN BURNING, EXCEPTIONS TO SUCH PROHIBITION, BURNING PERMITS, PROVIDING FOR A PENALTY FOR VIOLATIONS, AND PROVIDING A SAVINGS CLAUSE; AMENDING TITLE 5, CHAPTER 3, OF THE MERIDIAN CITY CODE REGARDING: A SHORT TITLE, A STATEMENT OF PURPOSE, DEFINITIONS, AIR QUALITY DESIGNATIONS, HEIGHTENED AIR QUALITY INDEX PROHIBITIONS, BURNING SOLID FUEL OR REFUSE, APPLICABILITY OF CHAPTER, PROVIDING FOR A PENALTY FOR VIOLATIONS, AND PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Title 5, Chapter 2 of the Meridian City Code, regarding open burning, became outdated upon the promulgation of the Rules for Control of Air Pollution in Idaho by the Idaho Department of Environmental Qality and the the International Fire Code, 2003 edition, in Title 10, Chapter 4of the Meridian Cityon of Code; WHEREAS, Title 5, Chapter 3 of the Meridian City Code, regarding clean air, became outdated upon the promulgation of the Rules for Control of Air pollution in Idaho by the Idaho Department of Environmental on of the International Fire Code, 2003 edition, in Title 10, CQ apter 4 of the the adoMerin an City Code, and the passage of the Solid Fuel Heating Appliance Ordinance set forth in Title 10, Chapter 1, Section 6 of the Meridian City Code; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to regulate open burning in a manner consistent with other applicable City ordinances and the International Fire Code and the Rules for Control of Air Pollution in Idaho; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to regulate clean air in a manner consistent with other applicable City ordinances and the International Fire Code and the Rules for Control of Air Pollution in Idaho; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 1 OF 15 Section 1. That Title 5, Chapter 2, of the Meridian City Code is amended to read as follows: 5-2-1: SHORT TITLE: This Chapter shall be known as the CITY OFMERIDIANOPENBURNING ORDINANCE. 5-2-2: PURPOSE: The purpose and intent of this Chapter is to a �. these for- whieh altemafive wed. provide additional amendments to the International Fire Code as adopted in Title 10, Chapter 4 Meridian City Code as such amendments pertain specifically too en burninizwithin the City of Meridian 5-2-3: DEFINITIONS: For purposes of this Chapter, in addition to the definitions set forth in the International Fire Code as adopted in Title 10, Chapter 4, Meridian City Code the following terms, phrases, words, and derivations all have the meanings given herein. The word "shall" is always mandatory and not merely directory. AGRICULTURAL BURNING: The open burning of plant life grown on the premises in the course of any agricultural, forestry or land clearing operation_ whenit ean b .n -1 Eiiw where the subdiv4sief, jets are smaller- than ene and five tenths 44)-i�. 2ArPP CQ VT!6- i 1111GT EIIi1 ♦ m^^ fiOpen ifleiaemter-st. A... 11 11 by the 1dahe Depaj4m at of 14ea4th and "'Bum b Is 11 ,fefffis of open buffiii3g an AIR QUALITY INDEX (AQiI: A system used by the Idaho department of environmental quality to report daily air pollution levels to the public. Monitored air pollution levels are AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 2 OF 15 converted to a uniform scale ranging from 0 to 500 with the pollutant that has the highest ambient concentration measured in a given area determining the AOI CHIEF- I The dW-y appeiated Fire c;hief for- the City of Me"aff. "G'- " f -e -F the pwTeses of this Chapter- may a4se mean any mpr-esefAagve designa4ed by the g4ef to Mfil BURN BARREL: A drum, cylinder, or other such container in which residential outdoor burning may be conducted. The use of a burn barrel is a form of open burning BURNING PERMIT: The City of Meridian burning permit issued by the fire chief or his designee pursuant to this Chapter. EXTINGUISHED: The absence of any visible flames smoke or emissions FIRE CHIEF: The duly goointed fire chief for the City of Meridian or his designee M of the City f •' Me" an- IGNITE IGNITE or IGNITION: To cause a fuel to burn. ODOR:�-b &qm s6mWatiea f the humaa sense of „ The property or quality of a substance that stimulates or is perceived by the sense of smell the standards for which shall be fudged by the fire chief or his designee on criteria that may include intensity, duration frequency offensiveness and health risks WEN -BURNING. The b ____ of any matteF in h that the t r eeff"stien r-esulfing from the b i g nitted dir-eegy into the ambient air- m4the Passing tbrrengh_ n staek, "et t, vr-vi�1a1Gy. PEPA '' The City f M • a b ,fir + atJ JGLtet * 'oma r..iaptSf- PERMIT HOLDER: AU person issued a city of Meridian burning permit PERSON: Any person, corporation, firm, partnership or any Federal, State or local governmental entity. RED FLAG WEATHER WARNING: A notification issued by the National Weather Service that atmospheric conditions exist or may exist which may result in hazardous burning conditions. RESIDENTIAL OUTDOOR BURNING: The open burning of rubbish household waste tree leaves, yard trimmings or gardening waste at a private residential property AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 3 OF 15 SMOKE: Small gas borne particles resulting from incomplete combustion, consisting predominately, but not exclusively, of carbon and other combustible material. TRADE WASTE: Any solid liquid or gaseous material resulting from the construction or demolition of any structure or the operation of any business trade or industry. Trade waste may include, but is not limited to the following materials and their containers and/or packaging: wood sawdust drywall cardboard vinyl metal glass brick asphalt tar, paint, stain, -sealant caulking bark chips shavings and cull wood 5-2-4: PROHIBITION AGAINST OPEN BURNING: E YF ., alle a ander seefien 5 2 5 efthis i. , for- afty b. es wuasowvvr; A. Except as allowed under section 5-2-5 of this chapter, any and all open burning shall be prohibited. B. The following tunes of open burning shall be specifically prohibited: 1. Use of burn barrels. 2. Agricultural burning 3. Residential outdoor buming. C. Open burning of the following materials shall be specifically prohibited: 1. Chemically -treated wood including but not limited to railroad ties and/or telephone poles: 2. Combustible materials; 3. Commercial or industrial waste; 4. Dead animals: 5. Garbage; 6. Hazardous materials: AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 4 OF 15 - - A. Except as allowed under section 5-2-5 of this chapter, any and all open burning shall be prohibited. B. The following tunes of open burning shall be specifically prohibited: 1. Use of burn barrels. 2. Agricultural burning 3. Residential outdoor buming. C. Open burning of the following materials shall be specifically prohibited: 1. Chemically -treated wood including but not limited to railroad ties and/or telephone poles: 2. Combustible materials; 3. Commercial or industrial waste; 4. Dead animals: 5. Garbage; 6. Hazardous materials: AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 4 OF 15 7. HeM petroleum products; 8. Insulated wire: 9. Mill waste: 10. Oil, grease, and/or asphalt: 11. Paints: 12. Pathogenic waste 13. Plastics: 14. Rubber: 15. Tar and/or tar parer• 16. Tires: 17. Trade waste, specifically including but not limited to the burning thereof at construction sites: 18. Vehicles. 5-2-5: EXCEPTIONS TO OPEN BURNING PROHIBITION: Notwithstanding the provisions of section 5-2-4 of this chapter and the International Fire Code as adopted in Title 10 Chapter 4 Meridian City Code the following types of fires shall be allowed: A. Fires Allowed With Permit: The following types of fires may be allowed by permit only: AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 5 OF 15 l.Open burning of irrigation ditches and fence rows forth purpose of weed control except that such fires shall be permitted only between 8:00 a.m. and sunset Unless otherwise authorized b Ir Rertit, the following conditions shall a 1 to Men burning of irrigation ditches and fence rows at all times from ignition of the fire until it is extra shed. a. At least one portable fire extinguisher with a 4-A minimum rating or other appropriate extinguishing agent and a method and/or equipment for applying such extmguishLnagent must be available for immediate utilization b. The permit holder must attend the fire at all times c. The ern -it holder must be in possession of the permit at all times. 2. Bonfires, so long as the fire chief or his designee has conducted a thorough inspection, thereof prior to ignition. The fire chief or his designee ma su ervise the building ignition, and maintenance of any bonfire Unless otherwise authorized by permit, the following conditions shall apply to open burning of bonfires at all times from ignition of the fire until it isextra shed a. At least one portable fire extinguisher with a 4- A minimum rating or other appropnate extmguishmg agent and a method and/or equipment for applying such extinguishing agent must be available for immediate utilization b. The permit holder must attend the fire at all times c. The permit holder must be in oossession of the ermit at all times. B. Fires used in the training of firefighting ersonnel by direction of the fire chief or his designee shall not require a permit C. Conditions A licable to All Fires: The followin t conditions only to all o en burning fires, including those for which a permit has been issued 1. Open burning shall be allowed only where the fire is built ignited and maintained in accordance with time lace and manner restrictions established by law includin but not limited to: Meridian Ci Code Title 10 Cha ter 4• the Meridian Clean Air Ordinance,• all aDpligible2rovisions of the Idaho Code- and rules and re lations promulgated pursuant thereto 2._ All open burning even if a valid permit has been issued or no permit is required is prohibited when the air quality index reaches 60 or higher for any pollutant Itis the AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 6 of 15 responsibility of the holders of valid permits or anyone wishing to ignite a fire for which no permit is required to determine the level of the air Quality index jLnor to igniting any fire The holder of a valid permit or an erson igniting a fire for which no permit is required shall determine the level of the air quality index prior to igniting My fire. 3. Qpen burninir shall be prohibited when a red flag weather warning is in effect or forecasted for within twelve 12 hours following imition. or when atmos heric conditions or other circumstances Dresent a dan er to land ro ertand/or human health and safety The holder of a valid permit or anyperson igniting a fire for which no permit is required shall determine the red flag weather warning status and forecast pnor to igniting any fire 4. All fires shall be constantly attended until the fire is coni letely extin fished. 5-2-6: PERMITS: AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 7 OF 15 A. Application for a permit required by this Chanter shall be made to the fire chief in such form and detail as prescribed by the fire chief. A lications for permits shall be accompanied by such plans as Prescribed by the fire code official B. Any person denied a burning Permit may appeal such denial in writing to the Meridian Cily Council. Such appeal must be made within thirty (30) days of issuance The Crtv Council shall rule on said anneal within fifteen (15) days of receipt 5 2 72 Pk RAW p -ROC- '•T7TDLQ [I7TTIIn�T L'iTi' T7QTDrnTc �,'C1r17S7 11 � czaxc�hlishe b t t j -------__...,� ...... �c�zvcsncrr 5 2 4. APP- A T PERAHT- TFX ♦ 7 ���-Z•��T'117Y1'YIYY�'D7�'�('Y� 5-2-7: APPLICABILITY OF CHAPTER: Nothing in this chanter is intended to conflict with supersede repealor affect any applicable state or federal laws rules and/or dations. 5-2-M: ENFORCEMENT AND PENALTY: A. Enforcement: The fire chief, and/or his + + a esi ee, and/or any law enforcement officer in shall have the authority to enforce the provisions of this chapter. B. Penalty: Each violation of any regulation hereunder or the provisions of any permit issued pursuant hereto shall be a misdemeanor, and for each day said violation shall AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 8 OF 15 mom 1 0 I 2Q! Mi 1. ' 5-2-7: APPLICABILITY OF CHAPTER: Nothing in this chanter is intended to conflict with supersede repealor affect any applicable state or federal laws rules and/or dations. 5-2-M: ENFORCEMENT AND PENALTY: A. Enforcement: The fire chief, and/or his + + a esi ee, and/or any law enforcement officer in shall have the authority to enforce the provisions of this chapter. B. Penalty: Each violation of any regulation hereunder or the provisions of any permit issued pursuant hereto shall be a misdemeanor, and for each day said violation shall AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 8 OF 15 continue, shall constitute a separate offense hereunder. Such violation shall be punishable as provided in section 1-4-1 of this code. 5-2-9: SEVERABILITY: If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction then such provision or section shall be considered separately and apart from the remaining provisions or section of this Ordinance which shall remain in full force and effect. Section 2. That Title 5, Chapter 3, of the Meridian City Code is amended to read as follows: 5-3-2: AUTHOWTV N&PURPOSE: The purpose of this chapter is to protect air quality resources vital to the public health, safety, and welfare of Meridian residents and the economic future. by I.- from g fiWhArikyOf the Ir - .� ,.ate � ..a� � � seefiens 3o4. 5-3-43: DEFINITIONS: In addition to the definitions set forth in other a licable state and federal laws and cit ordinances, including, but not limited to Meridian City Code Title 10 and the codes incorporated by reference thereinEfor the purpose of this chapter, the following terms, phrases, words, and derivations all have the meanings given herein. The word "shall" is always mandatory and not merely directory. RIM AIR QUALITY INDEX (AQI): A system used by the Idaho department of environmental quality (DEQ) to report daily air pollution levels to the public. Monitored air pollution levels are converted to a uniform scale ranging from 0 to 500 with the pollutant that has the highest ambient concentration measured in a given area determining the AQI. AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 9 OF 15 AIR QUALITY INDEX (AQI): A system used by the Idaho department of environmental quality (DEQ) to report daily air pollution levels to the public. Monitored air pollution levels are converted to a uniform scale ranging from 0 to 500 with the pollutant that has the highest ambient concentration measured in a given area determining the AQI. AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 9 OF 15 BURN DOWN: That period of time following an air. pe1jugef, aleft -required for the cessation of combustion and/or burning.�A4�iii a gelid fHW hfi � b r - outdoor- fifes or- b 7 atien meludeedd vi-Qh—ifl. this Chapter - CLEAN BURNING A solid fuel heafifig applianee that has been eeffified tas-eleaa buena by eitl� the 1 t •r�.a�...ent F - -+ 1 lit 4t_ UnjW u+or- bumin o rr ECONOMIC HARDSHIP: Fifty percent (50%) or less of Ada County's median income as established by the U.S. department of housing and urban development. thaft thft:tY (30) W-hieh is a P anent stmetweA fe-ati—ime of a building. A fir-eplaee is made �e „ INCINERATOR: Any device desiimed or operated to reduce the volume of refuse or solid waste by burning. Pathological incinerators are excluded from this definition OPERATOR: Any person owning solid fuel burning equipment, or who is responsible for placing fuel into or igniting fuel within -a solid fuel heating appliance. g -1 fifeplaee, or- . PERMIT HOLDER: Any person issued a city of Meridian burning permit. PERSON: Any individual, firm, partnership, association, corporation, company, organization or governmental entity. AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 10 OF 15 REFUSE: All solid waste, garbage, and rubbish, including, but not limited to, cardboard, plastic, rubber, styrofoam, petroleum products, foodstuff, Christmas trees, yard debris, or chemically treated wood. -REFUSE IN ' 4NERAT SOLE SOURCE: One or more solid fuel heating devices which constitute the only source of heat in a building for the purpose of space heating. No solid fuel heating device(s) shall be the sole source of heat if the building is equipped, with a permanently installed furnace or heating system designed to heat the building that is connected or unconnected from its energy source, utilizing oil, natural gas, electricity or propane. SOLID FUEL HEATING APPLIANCE: An enclosed device designed for solid fuel combustion, including but not limited to a wood stove Ikl,�t �,�+ 1,+�, , „ eri� r- NI—in—l—Inn I.11aYY1 Fae less+1..,,.. fi (5) 1 •1 1, d ---�..b.......aipeF D. M axi 1191 > > , 5-334: AIR QUALITY DETERMINATION DIS 1N�Trn,•TC A,.T„ Ay T=�ERT- G -R— - — R-1 , 1. : A. Air quality within the city of Meridian shall be determined by referencing daily areawide pollutant levels, known as the area's air quality index, as reported by the Idaho department of environmental quality. DWA - - - - AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 11 OF 15 5-3-5: HEIGHTENED AIR QUALITY INDEX PROHIBITIONS shah I - Appliances And Fireplaces• All wood burning including but not limited to hurningwithin a cnIM fi,Pi 1,—+;-- uali y index of seventy-four 74 and a forecast of air sta „ation cond'tions to t a continue for at least twen -four 24 hours shall have a burn downeriod of threp hours after or within which period combustion and/or burnM must cease. No person undertaking a burn down under this exception shall cause or allow wood burning, unless an exemption has been granted by the fire chief or his designee 2. Incinerators: No 12;on shall cause or allow the o eration of a solid waste incinerator. This cha ter shall not !Vplv to Vathological incinerators. B. Allo en b ng. even if a valid erinit has been issued or no Permit is re uired is prohibited when the air quality index reaches sixty (60) or higher for an ollutant C. Holders of valid burninpermits and ersons i tin afire for which no ermit is required. including but not limited to operators of solid fuel heating appliances shall determine the air ounl,ty indi.,r a„a .- _ _ determined b contactin the Idaho d artment of environmental aun ro , effieial In 5-3-7-6: BURNING SOLID FUEL OR REFUSE: A. Solid Fuel Heating Appliances: No person shall cause or allow the burning of any matter other than wood fuel m a solid fuel heating appliance designed for wood fuel. Such prohibition shall include. but is not limited to,refuse or coal. AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 12 OF 15 B. Incinerators: No person shall cause or allow an ase -incinerator to be operated contrary to the design, specifications, manufacturer's instructions and/or laws Dertaining thereto. A4 the Onset and dui-ing 11 11 L1( 'Ia'ddifieftel estfielie apply- A.App! n the i i opefati-8fis of a M4ed Yby 4i,... r �.L__ _1 _ t 5-3-9: EXEMPTIONS: A. Grant By City Clerk: The city clerk shall grant exemptions from this chapter if it is determined by the city clerk that: 1. A solid fuel heating appliance is the sole source of heat for the structure in which it is situated; or 2. Using alternative heating would cause an unreasonable economic hardship.-,Le bilai•s RP B. Denial Of Exemption; Hearing: Any person denied an exemption under this chapter shall be provided, at the option of the applicant for the exemption, a hearing before the mayor and city council. C. Noneligibility For Exemption: Any building constructed after the effective date hereof shall not be eligible for an exemption „� " 1 -' "') -e44&lfrom this chapter. Ir AT TAYMD7.9- - 100.1-111 i� AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 13 OF 15 5-3447: APPLICABILITY OF CHAPTER: Nothing in this chapter is intended to eefifli 111:1:11::Fuoeffl— firma -rd„�t e_ ,..i.l3g in ,i. ' affect any ��easmquffemeffts to conflict with, supersede, repeal, or jar. buffgfig; outdo r-f�, ,,fti.; ,;,� ' e� anblicable state or federal laws rules and/or regulations 5-3448: ENFORCEMENT AND PENALTY: A.Enforcement: The city of Meridian's fire chie all FeWesefitatii,e or his designee and/or any law enforcement officer ia the eit�, of shall have the authority to enforce the provisions of this chapter. B.Penalties: Each violation of any regulation hereunder or the provisions of any permit issued pursuant hereto shall be a misdemeanor. and for each day said violation shall continue, shall constitute a separate offense hereunder. Such violation shall be punishable as provided in section 1-4-1 of this code er- beQh.: 5-3-9: SEVERABILITY: If any provision or section of this Ordinance shall be held to be invalid by a court of competent Iurisdiction then such provision or section shall be considered separately AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 14 OF 15 ATAI 5-3447: APPLICABILITY OF CHAPTER: Nothing in this chapter is intended to eefifli 111:1:11::Fuoeffl— firma -rd„�t e_ ,..i.l3g in ,i. ' affect any ��easmquffemeffts to conflict with, supersede, repeal, or jar. buffgfig; outdo r-f�, ,,fti.; ,;,� ' e� anblicable state or federal laws rules and/or regulations 5-3448: ENFORCEMENT AND PENALTY: A.Enforcement: The city of Meridian's fire chie all FeWesefitatii,e or his designee and/or any law enforcement officer ia the eit�, of shall have the authority to enforce the provisions of this chapter. B.Penalties: Each violation of any regulation hereunder or the provisions of any permit issued pursuant hereto shall be a misdemeanor. and for each day said violation shall continue, shall constitute a separate offense hereunder. Such violation shall be punishable as provided in section 1-4-1 of this code er- beQh.: 5-3-9: SEVERABILITY: If any provision or section of this Ordinance shall be held to be invalid by a court of competent Iurisdiction then such provision or section shall be considered separately AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 14 OF 15 apart from the remaining provisions or section of this Ordinance which shall remain in full force and effect. Section 3. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 4. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on �/ / , 2006. PASSED by the City Council of the City of Meridian, Idaho, this /4 01A_ day of m ck 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this l_"qday of A4 , 2006. APPROVED: ATTEST: CITY CLERK ��`� �A iii1life i11 AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 15 of 15 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- o eA7- 0--7 i PROVIDING FOR AN AMENDMENT TO MERIDIAN CITY OPEN BURNING AND CLEAN AIR ORDINANCES An Ordinance of the City of Meridian amending Title 5, Chapter 2, of the Meridian City Code and amending Title 5, Chapter 3, of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This Ordinance sh publication. all�,l� ' ' ive upon passage and ®�o�® iv a s� Mayor and City Council of the City of Meridi By: William G. Berg, Jr., City Clerk -P First Reading: .3 _l� —�� Ado Xt" P aid suspension of the Rule as allowed pursuant to Idaho Code § 50-04, NO Second Reading: — Th. IWead"mg: — STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06-_ ZZ L— 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--l-221— 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 1-7 day of i�� , 2006. 60' William. L.M. Nary, i Attorney SUMMARY -AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 1 OF 1