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HomeMy WebLinkAbout2006-01-242. 3. 4. 5. Revised 1-23-06 CI'T'Y OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 24, 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." Roll -call Attendance: _X Shaun Wardle X Joe Borton K Charlie Rountree _X Keith Bird X Mayor Tammy de Weerd Pledge of Allegiance: Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: Adoption of the Agenda: Consent Agenda: A. Tabled from January 17, 2006: Development Agreement: AZ 05-017 Request for Annexation and Zoning of 137.96 acres from RUT to R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. - on South Eagle Road between East Victory Road and East Amity Road:/ -t d4iL-, 6o& Ic' 1-3/-6'01 B. Approve Minutes of January 10, 2006 City Council Regular Meeting: G�/0" vti C. Findings of Fact and Conclusions of Law for Approval: VAR 05- 025 Request for a Variance to UDC 11-3E.4.C.1 to exceed maximum structure size for a temporary sales trailer in the R-4 zone for Redfeather Estates No. 2 by Packard Estates Development, LLC - 4132 East Race Street: D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 046 Request for Annexation and Zoning of 31.72 acres from RUT to Meridian City Council Meeting Agenda — January 24, 2006 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • Revised 1-23-06 R-4 zone for Estancia Subdivision by Gemstar Development, LLC — 1990 East Amity Road: 49?90rs VW_ E. Findings of Fact and Conclusions of Law for Approval: PP 05- 049 Request for Preliminary Plat approval of 103 single-family residential building lots and 7 common lots on 31.72 acres in a proposed R-4 zone for Estancia Subdivision by Gemstar Development, LLC — 1990 East Amity Road: 0?7? w` F. Findings of Fact and Conclusions of Law for Approval: AZ 05- 042 Request for Annexation and Zoning of 9.63 acres from RUT to R- 8 zone for Medford Place Subdivision by Dyver Development, LLC — 3335 South Eagle Road: 40779y"K— G. Findings of Fact and Conclusions of Law for Approval: PP 05- 043 Request for Preliminary Plat approval of 29 single-family residential building lots and 8 common area lots on 8.57 acres in a proposed R-8 zone for Medford Place Subdivision by Dyver Development, LLC — 3335 South Eagle Road: r%rYV&-<, H. Findings of Fact and Conclusions of Law for Approval: CUP 05- 044 Request for approval of a Conditional Use Permit for a Planned Development for Medford Place Subdivision that includes reductions to the minimum requirements for lot size and street frontage by Dyver Development, LLC — 3335 South Eagle Road: Water Main Easement Agreement for Seventh Dav Adventist Church: &//;,"V --- J. Streetlight Agreement for Redfeather Subdivision No. 6 by Packard Estates, LLC: K. Streetlight Agreement for Redfeather Subdivision No. 7 by Packard Estates, LLC: "," V%C.1 L. Public Works Budget Amendment for South Area Treatment and Lift Station Proiect: A)V/Oyv VW - M. Change Order No. 1 for the Black. Cat Lift Station with JC Constructors, Inc.: AIVIgew V'C-- N. Permanent and Temporary Easement Contract for the Pine Interceptor Sewer Project: 4W" O. Temporary Construction Easement Agreement for Waltman Lane Sewer Extension at Ten Mile Creek: V;/7" ,,� Meridian City Council Meeting Agenda — January 24, 2006 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Revised 1-23-06 P. Sanitary Sewer Agreement for Waltman Lane Sewer Extension at Ten Mile Creek: "rWwc- Q. Water Main Easement Aareement for Newton's Nook by Pennwood III, LLC: a�pjayvv-c. R. Contract to Commission Artwork for the Meridian Gateway between the City of Meridian and Sculptures by BJH, LLC: Aja �-- S. Contract with Dave McClaren Well Drilling for Rehabilitation and Redevelopment of Well # 17: T. Agreement for Professional Services for Wastewater Pretreatment On -Going Services Pretreatment Services: c!ly�r�wv U. Resolution No. D 6 S� l Destruction of Records - Old Election Ballots: 0/9"r -e_ V. Resolution No. 0 6 -3�92 Destruction of Records - Old Prosecution Records: 47ya-"W"t, W. Temporary Access Easement Agreement connecting Waltman Lane and Ruddy Drive: A�j�r+vwc.- �Ci , L i c eh.� /�.� n.e..s� �..i�. gym.►,./�� ! /�r^,i`clit�,., .�.►�� �� 6. Department Reports: ,fir 6c/a�/t�,, fe�rlGr Ex�r A. Parks Department - Doug Strong 1. Discussion of Meridian Youth Baseball and Softball Project Cost Issues:9 ,b�� 4V die 1hAr7-, he; B. Legal Department -Bill Nary 2-/-f-,9 VZ 1. Update on RFP for Impact Fees: IV w 1,plWellkI 2. Update on U -Turn Ordinance Proposal: oe� 3. Update on Parking Lot Property Exchange: 4,4V4,4� 7. Items Moved from Consent Agenda: /vr7..C, 8. Tabled from January 3, 2006: FP 05-073 Request for Final Plat approval for 11 residential building lots and 4 common area lots on 5.36 acres in a R-3 zone for EI Gato Subdivision by Conger Management Group - 701 Black Cat Road: Akd�& /-V Meridian City Council Meeting Agenda - January 24, 2006 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. i • Revised 1-23-06 9. FP 05-080 Request for Final Plat approval of 102 single-family building lots and 23 common lots on 25.34 acres in an R-8 zone for Crossfield Subdivision No. 1 by Packard Estates Development, LLC — 955 West Ustick Road: Afip"Vrc. 10. FP 05-079 Request for Final Plat approval of 36 single-family building lots and 1 common lot on 9.38 acres in an R-8 zone for Burney Glen Subdivision No. 3 by Properties West, Inc. — south of McMillan Road on North Meridian Road: 4wrW& C, 11. Public Hearing: MI 05-018 Miscellaneous request to amend the previously approved Development Agreement for Cottonwood Lane Annexation (AZ 04-029) by William Colson, Hugh Colson Revocable Trust and Meridian Premier, LLC — 985 East Freeway Drive: 12. Public Hearing: Fee Schedule for Reservation to Use Police Station Conference Room: 'Opk _ clmJ-0- 13. Resolution No. Approving and Adopting Fees for Public Use of the Meridian Police Department Conference Room: fk,6& fo Z—1 -f- O 6 wjeAt , n2 viJ/d-tp - 14. Tabled from January 17, 2006: Ordinance No. : AZ 05-017 Request for Annexation and Zoning of 137.96 acres from RUT to R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. — on South Eagle Road between East Victory Road and East Amity Road: `.QGdn.l io4l, X64 e. 15. Discussion of Expansion of Area of City Impact — South Area Boundary: Meridian City City Council Meeting Agenda — January 24, 2006 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1. 2. 3. 4. 5. « CTI'Y OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 24, 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. " Roll -call Attendance: Shaun Wardle Charlie Rountree Pledge of Allegiance: Joe Borton Keith Bird Mayor Tammy de Weerd Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: Adoption of the Agenda: Consent Agenda: A. Tabled from January 17, 2006: Development Agreement: AZ 05-017 Request for Annexation and Zoning of 137.96 acres from RUT to R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. — on South Eagle Road between East Victory Road and East Amity Road: B. Approve Minutes of January 10, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: VAR 05- 025 Request for a Variance to UDC 11-3E.4.C.1 to exceed maximum structure size for a temporary sales trailer in the R-4 zone for Redfeather Estates No. 2 by Packard Estates Development, LLC — 4132 East Race Street: D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 046 Request for Annexation and Zoning of 31.72 acres from RUT to Meridian City Council Meeting Agenda — January 24, 2006 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • R-4 zone for Estancia Subdivision by Gemstar Development, LLC — 1990 East Amity Road: E. Findings of Fact and Conclusions of Law for Approval: PP 05- 049 Request for Preliminary Plat approval of 103 single-family residential building lots and 7 common lots on 31.72 acres in a proposed R-4 zone for Estancia Subdivision by Gemstar Development, LLC — 1990 East Amity Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 05- 042 Request for Annexation and Zoning of 9.63 acres from RUT to R- 8 zone for Medford Place Subdivision by Dyver Development, LLC — 3335 South Eagle Road: G. Findings of Fact and Conclusions of Law for Approval: PP 05- 043 Request for Preliminary Plat approval of 29 single-family residential building lots and 8 common area lots on 8.57 acres in a proposed R-8 zone for Medford Place Subdivision by Dyver Development, LLC — 3335 South Eagle Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 05- 044 Request for approval of a Conditional Use Permit for a Planned Development for Medford Place Subdivision that includes reductions to the minimum requirements for lot size and street frontage by Dyver Development, LLC — 3335 South Eagle Road: I. Water Main Easement Agreement for Seventh Day Adventist Church: J. Streetlight Agreement for Redfeather Subdivision No. 6 by Packard Estates, LLC: K. Streetlight Agreement for Redfeather Subdivision No. 7 by Packard Estates, LLC: L. Public Works Budget Amendment for South Area Treatment and Lift Station Project: M. Change Order No. 1 for the Black Cat Lift Station with JC Constructors, Inc.: N. Permanent and Temporary Easement Contract for the Pine Interceptor Sewer Project: O. Temporary Construction Easement Agreement for Waltman Lane Sewer Extension at Ten Mile Creek: Meridian City Council Meeting Agenda — January 24, 2006 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Q N S. T. U. V. • 0 Sanitary Sewer Agreement for Waltman Lane Sewer Extension at Ten Mile Creek: Water Main Easement Agreement for Newton's Nook by Pennwood III, LLC: Contract to Commission Artwork for the Meridian Gateway between the City of Meridian and Sculptures by BJH, LLC: Contract with Dave McClaren Well Drilling for Rehabilitation and Redevelopment of Well # 17: Agreement for Professional Services for Wastewater Pretreatment On -Going Services Pretreatment Services: Resolution No. Records — Old Election Ballots: Resolution No. Records — Old Prosecution Records: 6. Department Reports: A. Parks Department — Doug Strong Destruction of Destruction of 1. Discussion of Meridian Youth Baseball and Softball Project Cost Issues: B. Legal Department — Bill Nary 1. Update on RFP for Impact Fees: 2. Update on U -Turn Ordinance Proposal: 3. Update on Parking Lot Property Exchange: 7. Items Moved from Consent Agenda: 8. Tabled from January 3, 2006: FP 05-073 Request for Final Plat approval for 11 residential building lots and 4 common area lots on 5.36 acres in a R-3 zone for EI Gato Subdivision by Conger Management Group — 701 Black Cat Road: 9. FP 05-080 Request for Final Plat approval of 102 single-family building lots and 23 common lots on 25.34 acres in an R-8 zone for Crossfield Meridian City Council Meeting Agenda — January 24, 2006 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Subdivision No. 1 by Packard Estates Development, LLC — 955 West Ustick Road: 10. FP 05-079 Request for Final Plat approval of 36 single-family building lots and 1 common lot on 9.38 acres in an R-8 zone for Burney Glen Subdivision No. 3 by Properties West, Inc. — south of McMillan Road on North Meridian Road: 11. Public Hearing: MI 05-018 Miscellaneous request to amend the previously approved Development Agreement for Cottonwood Lane Annexation (AZ 04-029) by William Colson, Hugh Colson Revocable Trust and Meridian Premier, LLC — 985 East Freeway Drive: 12. Public Hearing: Fee Schedule for Reservation to Use Police Station Conference Room: 13. Resolution No. Approving and Adopting Fees for Public Use of the Meridian Police Department Conference Room: 14. Tabled from January 17, 2006: Ordinance No. : AZ 05-017 Request for Annexation and Zoning of 137.96 acres from RUT to R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. — on South Eagle Road between East Victory Road and East Amity Road: 15. Discussion of Expansion of Area of City Impact — South Area Boundary: Meridian City Council Meeting Agenda — January 24, 2006 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 0 Meridian City Council Meeting January 24, 2006 The regular meeting of the Meridian City Council was called to order at 7:03 P.M., Tuesday, January 24, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree and Joe Borton. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Bill Musser, Ron Anderson, Brad Watson, 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 the meeting to order. It is Tuesday, January 24th, just a little bit after 7:00. I'd like to welcome you here this morning. This morning. This evening. Whenever it is. Tonight. We will begin with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the pledge of allegiance. If you will all rise and join us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: De Weerd: Thank you. Item No. 3 is our community invocation. Tonight we will be lead by Pastor Steve Moore with Cherry Lane Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Moore: Our Father God in Heaven, we thank you that you are our creator, that there is a power greater than ourselves, because, God, there is some things that we just can't fix and some things we can't do and we acknowledge that the most valuable things about life we can't buy and we can't earn. They are your gifts to us and we acknowledge that as a community. We acknowledge the gift of living in Meridian, Idaho, where there are no land mines as far as we know in our back yards or in the middle of our streets and though we have crowded streets, they are still, for the most part, filled with civil and neighborly people. We thank you for the heritage of our national leaders and our state leaders and our county leaders and most especially, since this is Meridian, the heritage of our Meridian leaders. I thank you for these present Meridian Meridian City Council January 24, 2006 Page 2 of 55 leaders and on behalf of all of the citizenry tonight, God, it has fallen my place to thank you for that. I pray that you will bless their lives. I thank you for the hours that they give way beyond what they are fairly paid from our tax dollars for their service, for many that are volunteers here tonight, God, are affected. It looks to me like, God, from the turnout tonight that there isn't that many controversial things on the agenda or there would probably be more people in these chambers. So, I kind of pray tonight that maybe the meeting will go swiftly and they can get home to their families and you can bless them in the way. I thank you for people that are willing to step up to the plate and be wiling to make decisions that knowing in coming to these meetings week after week and know that a lot of folks are going to be mad at them when the meeting's over with and we give them that, that they are making decisions out of a good conscience. I pray that you will bless them with wisdom, because there are people, I suppose, that come to this meeting with high hopes that a decision will be made that makes their life better and how it aids them. I pray for just good judicial judgment in this meeting tonight. Father, again, thank you for the privilege of living in this place. We pray that you would bless our future. We are a rapidly growing community, more so than just about anyplace in this nation, and that brings us both blessings and problems. So, give these folks an extra measure of wisdom tonight to sort that out just a little bit more for your glory and for your kingdom's sake, in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor Moore. Item No. 4 is the Consent Agenda -- I mean adoption of the agenda. Mr. Bird. Bird: Thank you, Madam Mayor. We do have an addition, which I will also go through when I go through the Consent Agenda. We do have an Item X, which is a request for license for Nampa -Meridian Irrigation District for the Waltman Lane sewer extension, which has been okayed by the city attorney. And we have two resolutions in our Consent Agenda, 06-501 and 06-502. In our regular agenda, Item No. 14, an ordinance, has been asked to be continued to February 6, 2006. And Item 13 is a resolution, which is No. 06-503. With that I move we -- I'm sorry. Yeah. Item A in the Consent Agenda would also be tabled to February 6, 2006. And with that I move that we approve the revised agenda. Rountree: Second. De Weerd: Okay. We have a motion to approve the agenda as amended. Is there any discussion? All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Tabled from January 17, 2006: Development Agreement: AZ 05-017 Request for Annexation and Zoning of 137.96 acres from Meridian City Council January 24, 2006 Page 3 of 55 RUT to R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. — on South Eagle Road between East Victory Road and East Amity Road: B. Approve Minutes of January 10, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: VAR 05-025 Request for a Variance to UDC 11-3E.4.C.1 to exceed maximum structure size for a temporary sales trailer in the R-4 zone for Redfeather Estates No. 2 by Packard Estates Development, LLC — 4132 East Race Street: D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 046 Request for Annexation and Zoning of 31.72 acres from RUT to R-4 zone for Estancia Subdivision by Gemstar Development, LLC — 1990 East Amity Road: E. Findings of Fact and Conclusions of Law for Approval: PP 05- 049 Request for Preliminary Plat approval of 103 single-family residential building lots and 7 common lots on 31.72 acres in a proposed R-4 zone for Estancia Subdivision by Gemstar Development, LLC — 1990 East Amity Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 05- 042 Request for Annexation and Zoning of 9.63 acres from RUT to R-8 zone for Medford Place Subdivision by Dyver Development, LLC — 3335 South Eagle Road: G. Findings of Fact and Conclusions of Law for Approval: PP 05- 043 Request for Preliminary Plat approval of 29 single-family residential building lots and 8 common area lots on 8.57 acres in a proposed R-8 zone for Medford Place Subdivision by Dyver Development, LLC — 3335 South Eagle Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 05-044 Request for approval of a Conditional Use Permit for a Planned Development for Medford Place Subdivision that includes reductions to the minimum requirements for lot size and street frontage by Dyver Development, LLC — 3335 South Eagle Road: I. Water Main Easement Agreement for Seventh Day Adventist Church: J. Streetlight Agreement for Redfeather Subdivision No. 6 by Packard Estates, LLC: Meridian City Council January 24, 2006 Page 4 of 55 K. Streetlight Agreement for Redfeather Subdivision No. 7 by Packard Estates, LLC: L. Public Works Budget Amendment for South Area Treatment and Lift Station Project: M. Change Order No. 1 for the Black Cat Lift Station with JC Constructors, Inc.: N. Permanent and Temporary Easement Contract for the Pine Interceptor Sewer Project: O. Temporary Construction Easement Agreement for Waltman Lane Sewer Extension at Ten Mile Creek: P. Sanitary Sewer Agreement for Waltman Lane Sewer Extension at Ten Mile Creek: Q. Water Main Easement Agreement for Newton's Nook by Pennwood III, LLC: R. Contract to Commission Artwork for the Meridian Gatewav between the City of Meridian and Sculptures by BJH, LLC: S. Contract with Dave McClaren Well Drilling for Rehabilitation and Redevelopment of Well # 17: T. Agreement for Professional Services for Wastewater Pretreatment On -Going Services Pretreatment Services: U. Resolution No. 06-501 Destruction of Records — Old Election Ballots: V. Resolution No. 06-502 Destruction of Records — Old Prosecution Records: De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As I stated, Item A on the Consent Agenda needs to be tabled to February 6, 2006. We also have Resolution 06-501, 06-502 and we have an addition, which is Item X, which is a request for license with Nampa -Meridian Irrigation District for Waltman �71 Meridian City Council January 24, 2006 Page 5 of 55 Lane sewer extension. All these have been properly signed, are waiting for the Mayor to sign and the Clerk to attest, which is part of my motion. De Weerd: Do I have a second? Wardle: Second. De Weerd: Okay. Motion by Mr. Bird, Second by Mr. Wardle. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just for clarification, on Item No. R, is that for Main Street and Eagle Road or one -- or just Main Street? What's the location? De Weerd: Most immediate would be the Main Street over by KFC. Rountree: So, we wouldn't be at this point commissioning work that would be on Eagle Road? De Weerd: Not until ITD tell us we can. Rountree: Okay. De Weerd: And -- Rountree: That helps. De Weerd: -- gives me a budget. Rountree: And that helps when you get a budget. De Weerd: Yeah. Rountree: Okay. Thank you. De Weerd: Uh-huh. Any other questions? Thank you. 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: Meridian City Council January 24, 2006 Page 6 of 55 A. Parks Department — Doug Strong 1. Discussion of Meridian Youth Baseball and Softball Project Cost Issues: De Weerd: Okay. Item No. 6. Our Department Reports. We will begin with Mr. Strong from our Parks Department. Strong: Thank you, Madam Mayor, Members of the Council. I appreciate the opportunity to update where we are on the Meridian Youth Baseball project in Meridian Settlers Park. There has been quite a lot of change since we last talked about this back in August when some additional funds were allocated for this project. At that time we were looking at a total project of about a million two to do a phase one green up and as you may recall -- excuse me -- recall in the agreement at that time that we had with Meridian Youth Baseball, they were, essentially, planning to do all of the phase one of the Meridian Youth Baseball project. It did not include paving the parking lot. When we talked about it in August we put in additional money to pave the parking lot, so we come in with ball fields, a paved parking lot and, essentially, everything except the buildings on the property, so that we could hold ball tournaments and things like that. As we went out to look at construction costs, the events of late summer with Hurricane Katrina and other things like unavailability of concrete, we discovered that when we actually were starting to get some dollar amounts to do the project, that it went over two million dollars. So, since, then, we have been trying to value engineer some of the things in the project that we felt that we could change to save some cost and we have value engineered about 300,000 dollars out of that cost. So, what I handed out to you earlier -- right now the projected total cost for the phase one green up is $1,690,000 dollars. The funds that we show that we have available at this point -- there has been some of the money spent on the project in bringing in underground utilities and common trenches and the Ustick Road improvements, which are done, except for the seeding of the grass that will happen this spring after the water gets turned on. And all the driveways and entries into the project and utilities have been moved and all of that, so that everything behind the road improvements is, essentially, ready to go. So, some money has been spent, from what we talked about in August. It leaves a million -- just a little over a million dollars available funds. So, there is -- as you can see, there is about a 600,000 dollar difference -- 606,000 dollar difference in just projected costs of the project. So, I wanted to get that in front of you for some discussion tonight to see what your pleasure would be for how to proceed with the project. There is certainly some work that we have money to make some progress toward completing phase one, but we couldn't complete it if all the costs stay as they are. One other thing that I think was in your packet was the agreement that we need to amend to show the changes in what the city is now committed to pay for from the August decision and what Meridian Youth Baseball will pay for and we need to change some of the terms of the agreement. So, you have a draft in front of you. I mention that, because as we started sorting through these figures, I think you will find that it was -- it's showing that Meridian Youth Baseball would pay for the irrigation system in the park of the early estimates for the irrigation system, 313,000 dollars, and they don't have that much money currently available to Meridian City Council January 24, 2006 Page 7 of 55 them. So, that would be moved to city responsibility in the contract for funding. What I would recommend is that I bring back a final draft of the agreement, with MYB's signatures on it, to you like at our February 14th Commission meeting -- or Council meeting for your action. The changes in that one change with moving the irrigation system to the city. With that, I would be happy to answer questions. Bird: Doug -- De Weerd: Council, questions? Bird: Madam Mayor? I'm sorry. De Weerd: Uh-huh. Mr. Bird. Bird: Doug, you said this 1.6 is -- well, it's basically 1.7, but you said that is just greening it up? That isn't putting ball fields in or -- Strong: That's putting fields and fencing and dugouts and, essentially, ready to play. The things that won't -- the features that won't be in the park at that time would be the restroom buildings, concession buildings, the hard-scape structures that Meridian Youth Baseball plans to build. Bird: And does this include the parking lot, then? Strong: Yes. Bird: It will be -- Strong: The parking lot. What we engineered differently was -- the engineering was drainage vaults under the parking lot and out into the fields and we changed that to larger drainage fields, where you don't have to put concrete structures in. We changed the concrete drainage structures around the backstops to just route water around the backstops and such, so that we can save some of the piping and concrete costs in both the drain system and around the backstops. So, like I say, we have engineered out about over 300,000 dollars in just costs for materials, for concrete, but it's still very expensive, so -- Bird: Yeah, they are. Thank you very much. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Doug, tell me a little bit about what Meridian Youth Baseball has done fundraising wise. I see the 315,000, if that's applied towards greening it up? Are they at zero, then, to start fundraising again for construction of restrooms and -- Meridian City Council January 24, 2006 Page S of 55 Strong: That's my understanding, that their fundraising is ongoing. Of course, they have registration fees and such that they draw some of their revenue from. They had a fairly large grant that fell through that was -- they were anticipating using for the phase one development that didn't happen, partly because of events in the world where volunteer contributions seemed to dry up, as with many other volunteer organizations. They started with 350,000 dollars. They are paying for all the engineering and architectural documents, construction management and other items that would take up the 315 that's remaining. So, we are having to -- some engineering costs in just reengineering the documents from the original set, costs another I think 8,000 dollars for that. Borton: What I was wondering is when this was first proposed -- I just signed my boys up last week and there wasn't any big clamoring or concern that we need to raise a lot more money, because our fields are in jeopardy or anything like that. Was there initially some big promise by Meridian Youth Baseball that they are going to raise this money and do their best efforts to share these expenses? The reason I ask is they are in a situation now where they are saying, oops, we don't have any funds and the city is going to amend the contract and just pick up all the tab and do it for them. Is there any heat that could be put on them to step up their efforts? Strong: I think, certainly, we could do that. As I mentioned in the original agreement, all of phase one was to be paid for by Meridian Youth Baseball, other than some city money that we had to bring underground utilities into the site and we, of course, had money to do the Ustick Road improvements, which we -- which were going to be included in the entire project. We elected late in the summer to parcel that out and complete the work, so that we could use the city funds, because they have, actually, been sitting there for several years and it's been set aside in the phase one of the park that was never completed. So, we wanted to get the road improvements done. So, since, then, what they had anticipated in funds certainly has fallen through and it's certainly an option to put pressure on them to raise more money. The 315,000 that I show here is what -- what I learned today is actually available in funds right now and that's as much as I know about their fund -- funding efforts or source at this point. De Weerd: So, is cash, it doesn't include any in-kind? Strong: No. That's my understanding. This is money in the bank. De Weerd: Okay. But they do have in-kind contributions as well, don't they? Strong: Actually, there has already been some in-kind contributions to the project that will be donated. Light poles and lights for the parking lot and things like that. That amounts to close to 10,000 just for the light poles. They have the ability as a nonprofit organization to certainly solicit donations and do fundraising, which they will be encouraged to continue to do. Meridian City Council • January 24, 2006 Page 9 of 55 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And just to clarify for Councilman Borton, during the budget process this Council looked at our parks inventory and the partnerships that we had and found that there were between 60 and 70 acres that were partnered with the City of Meridian that had been for sometime -- sometimes as long as four years. At that time the Council felt that some of the surplus monies that we had in park impact fees could go towards actually seeing those parks come online. And so at that time a budget amendment was -- or a budget for this year was made at what we thought was our best estimate to completely finish the park. I guess what I'm hearing is we are roughly 600,000 dollars short. Is that correct, Mr. Strong? Strong: That's correct. And, actually, it would be to finish phase one. It did not include any of the buildings on the site. Wardle: Madam Mayor, a follow-up question? De Weerd: Uh-huh. Wardle: Doug, how much do we have available within the impact fee fund and would this be eligible for that additional amount? Strong: It is certainly eligible for impact fee money and I just got an update today from our finance department. If I can find that. What I will recall off the top of my head is that -- here we go. Projected revenue for ending this fiscal year September 30th of 2006, the expected fund balance in the park impact fees will be 1,561,892. That's projected. And that's not committed to any other capital project or anything like that. That's based on anticipated revenue. Wardle: Thank you. De Weerd: Okay. Any other questions for Mr. Strong? Okay. I guess I would ask, when you bring back the agreement, that you also include in-kind donations and if they have some kind of fundraising plan that you would bring that back to Council as well. Okay. If there is nothing further, do I have any direction from Council to staff? Bird: I think you just stated what I want to hear. I want to -- when you revise it and get with them and see if they are fundraising and I -- because I think you got another project coming right up that's going to be identical to this, going to want a lot of city money in it up there at Lochsa Falls. I don't know how much. We'll get into that when we get to there. But coming from two groups that have built facilities on Boise parks and on Meridian parks and never getting a penny from the city, I guess I'm kind of funny about this stuff. Meridian City Council • January 24, 2006 Page 10 of 55 Strong: Madam Mayor, since you mentioned the PAL project at Lochsa Falls, I could also bring that revised agreement back on the 14th as well. There is very little change in it. What we added, essentially, in that agreement was the paved parking lot that the city is paying for. That was in -- in their phased agreement they were going to put in a temporary service in phase one. And we had money to put in the irrigation lake and underground utilities. They are putting in the irrigation system and planting the grass. So, to get that particular park playable for soccer, the only difference that was funded was the paved parking lot, which you approved the funds back in August. So, the only thing we need to change with PAL is the agreement and what they are paying for and what we are paying for as a city. So, that's a relatively simple agreement amendment. But at this point it doesn't look like we need any additional funds for the project. So, that's maybe a good news side of things. Bird: Yeah. De Weerd: I guess one last thing about the Meridian Youth Baseball fields. The value engineering or the funds that you're able to reduce down in scope, it will not compromise the drainage, would it? Strong: That's a question that we brought up with The Land Group and their engineers and we have looked at it and -- and they think not. They think that -- because we didn't want to compromise the construction of the park if the field would not drain or the parking lot wouldn't drain and it looks like there is enough room to put these larger drainage beds in and take care of the water. So, their engineers have looked it over and think that that will work. De Weerd: Okay. Because I don't want to see long-term problems because of value engineering. Strong: Well -- and we don't want to inherit anything that would be difficult to maintain either, so -- De Weerd: Uh-huh. Mr. Wardle. Wardle: Madam Mayor, my thoughts on the specific Meridian Youth Baseball park is that we made a decision at the budget process to utilize some city funds to bring this online for community use, as well as for the organization. So, I still think that's a viable plan. One of the things that I would like to see from the Meridian Youth Baseball -- because they are not going to be placing restrooms and concession facilities in there, is a time line and a plan for that to happen. I know that they have been allotted a -- the regional tournament, if I'm correct, which will come with some, as I understand, profit sharing from the youth baseball organization. Maybe if we can earmark or at least help them begin to determine how they are going to get those facilities in place -- I can tell you from a lifetime of little league that one thing that we definitely need in that is restroom and concession facilities, so -- Meridian City Council January 24, 2006 Page 11 of 55 Strong: Yeah. The trees that we plant initially will be very small, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with Councilman Wardle on that deal and I have no problem helping them, because it is something -- and it's tough to raise money anymore. Everybody and their dog is out raising money. Bring it back, let's see what we can do. I think -- I think we need to look at some -- sometimes who we are using for engineers and stuff like that. I think we need to take a hard look at that, too. De Weerd: Thank you. Okay. So, do we need a motion on the additional funds or what is the process? Bird: Mayor, I thought you said he was going to bring back the -- De Weerd: With the -- Bird: -- with the deal, so we know exactly what we need. De Weerd: Okay. Bird: Isn't that what you told them? De Weerd: Uh-huh. Bird: That's what I understood and that's -- De Weerd: But we need a motion to ask him to do that. Bird: No. De Weerd: Okay. Bird: I think that's a management tool and you ask. De Weerd: Okay. Strong: Madam Mayor, then, when I talk to Meridian Youth Baseball, we will look for some kind of action on the 14th. Bird: We should. De Weerd: Yeah. So, they are up and ready to hit it hard once things dry out and spring comes. Meridian City Council January 24, 2006 Page 12 of 55 Strong: Okay. Thank you. B. Legal Department — Bill Nary 1. Update on RFP for Impact Fees: 2. Update on U -Turn Ordinance Proposal: 3. Update on Parking Lot Property Exchange: De Weerd: Thank you. Okay. Item 6-B. Our legal department. Mr. Nary. Nary: Thank you, Madam Mayor, I will go up there. Madam Mayor, Members of the Council, there is three items I just wanted to update you on and none of them should take very long. The first was the RP for impact fees. We took that out a couple of months ago. We got two responses for that and we were looking at both the impact fees for parks, as well as some other impact fees that may be feasible under our state code. We have a committee that's made up of Mr. Baird from my office, both of the chiefs from the fire and the police department and the planning department as well, and as they reviewed it, they felt that to be fair to the city to really and truly do this properly, we really needed a better response. And so the committee has recommended simply rejecting the two bids. We will have -- we have notified, I'm sorry, the two applicants and allowed them to rebid with some more specific information as to what we are seeking, so that, hopefully, we will get better return. We are also going to solicit directly to some of the firms that have -- or consultants that have been involved in these types of processes in other communities, so that we again -- hopefully we will get a better return, especially in regards to public safety impact fees and looking in that direction as a possibility. So, I wanted to make sure you were informed about that. Secondarily, put on your place -- and I think I forgot to give one to Mr. Berg, so -- if you recall, we discussed last fall a u -turn ordinance for the city. This is a recommendation from the traffic safety commission and, basically, trying to put a little more specificity into our u - turn ordinance. Our ordinance mirrors the city of Boise's ordinance. It has some specifics that are a little bit different than the state code. The state code only has a few places where u -turns are prohibited and we find in a growing city such as ours, having that much freedom of people making u -turns in places they are not being expected with the volume of traffic that we see along our major roadways, that it can be more dangerous than people imagine. And so I did run this by the police department and our prosecution. Councilmember Rountree had asked that before we brought this forward for final passage that we also get some input from the Idaho Transportation Department. We have had numerous contacts between us and we haven't finished that yet, so I'm not ready to put it on for your final approval, but I did want to bring this back and get it before you to at least start thinking about. We couldn't put it on for at least another couple of weeks, since your next regular meeting isn't until February 6th. But I did want to at least give you an opportunity to look at it. Under subsection two there is one -- there is one error there. What we have recommended by the Traffic Safety Meridian City Council • January 24, 2006 Page 13 of 55 Commission was to have a site distance of at least 100 feet to allow for a u -turn. State law requires you have 500 feet of visible roadway before you can make a u -turn, so we can't make it less than what the state law requires. So, that one will probably have to change. But, otherwise, some of these are more specific. The main one that's probably different than what the state law -- the state law says you cannot make a u -turn in a no passing zone. What subsection one here says, you can't make a u -turn unless it's specifically posted in an intersection to allow you to do that. So, that way it's more of an affirmative requirement that they be posted to allow a u -turn. Most of the intersections in town we don't want u -turns at anyway. I think the other difference that's probably for your edification, as you can see with the current city ordinance and the state law doesn't define what safely means, so we tried to make it clear enough for people to understand what safely is supposed to be. People making u -turns right at the entrance of subdivisions is not safe. People making them in the middle of the intersections on Eagle Road aren't safe, those types of things. If you have any questions about this particular ordinance -- obviously, it will be a few weeks before you get it back. I do want to make sure we get confirmation from ITD that it's not going to impact them on the major highways in the city that are their responsibility. ACHD's counsel has already reviewed it and hasn't had any -- didn't have any issues with it. De Weerd: Okay. Council any, questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One question under B. Nary: Yes. Borton: I guess I see this all the time. Is it a violation if you're turning -- the classic example I have seen is on Fairview turning left or north into the Fred Meyer parking lot. All the traffic always stops for you to allow you to do that. Is that a partial u -turn? Nary: No. A partial u -turn would be is if you were to make a complete u -turn on the street and, then, your car is facing the opposite direction of oncoming traffic. Borton: Okay. Nary: So, no, that type of maneuver is fine. De Weerd: As long as you don't get hit. Now, if you get hit, it's your fault, so -- not that I have been hit, but -- Nary: In the next couple of weeks, Council, if you have any other questions or concerns or anything, comments, please, let me know and it will be a couple of weeks and you should see this back on your agenda. The last item, item three, Council, is the parking Meridian City Council January 24, 2006 Page 14 of 55 lot property exchange. A couple of weeks ago we had our Public Hearing. You did agree to the transaction and we held off on the actual ordinance completing that transaction. We are still waiting for some of the other exchanges to occur on this property. Just to refresh your memory, the parking lot across the street next to the Buich property on the corner of Broadway and Main Street and the creamery property and the city parking lot, we are ostensibly exchanging two parcels of the city's lot for a portion that is immediately adjacent to the creamery. I did speak with Claire Bowman, the Administrator for the Meridian Development Corporation yesterday. He said Mr. Buich is still -- hasn't completed his transaction to purchase those two parcels that are immediately adjacent to the creamery, so when that was completed he would advise us of that and he was in agreement with me, unless I misunderstood your direction, what appeared to the city to be a like exchange if the property that Mr. Buich purchased is next to the creamery is a parking lot, because the city doesn't have to expend a few additional funds to make it into a parking lot and that's what Mr. Bowman had said he and Mr. Buich had already discussed that and that was his intent was once he was able to secure those two parcels, he would clear the ground, there is a big ramp that's there and the like, he would clear that ground and pave that property and be able to, then, exchange that with the city at that point, so there won't be any additional cost to the city. I did want to clarify -- or clear up what I had misunderstood in the earlier discussion. Councilmember Rountree had raised a question about the drive aisle and if the drive aisle that would be used for this city parking lot would also be a shared drive aisle with Mr. Buich's property. I didn't -- I didn't understand. I thought it was not going to be a shared drive aisle. When I discussed it with Mr. Bowman, it is a shared drive. So, we would, then, need cross -access agreements, as well as indemnification to make sure the people that are using the city's lot aren't -- or using Mr. Buich's lot aren't going to be suing the city for damages or those types of things. So, we will get all of those things taken care of before we bring this back to you to actually make the transaction. We may need, Mr. Bowman said, something from the city and before we do this I will bring that back to you as well -- some assurance from Mr. Buich's financeirs that the city will go through with this once it's completed, so that they have some assurance that it is going to happen and that he can get the proper financing to get all these -- the ground work done prior to us actually transferring him the property and that way we can be assured it's done. I didn't want to transfer it and, then, we -- for some reason something happened and we have to transfer it back. That would be more trouble than it's worth. So, we didn't want to do that. So, we may need to do that. If that's the case I'll make sure you're aware of that and we will make sure you see that before we transfer the property. De Weerd: Okay. Any questions for Mr. Nary? Okay. Thank you. Item 7: Items Moved from Consent Agenda: De Weerd. Okay. There were no items moved from the Consent Agenda. De Weerd: So Items 8, 9 and 10, Anna, are there any issues with any of these final plats? Meridian City Council January 24, 2006 Page 15 of 55 Canning: Yes, Ma'am. De Weerd: Okay. So, we need to go through them one at a time? Canning: Yes, ma'am. Item 8: Tabled from January 3, 2006: FP 05-073 Request for Final Plat approval for 11 residential building lots and 4 common area lots on 5.36 acres in a R-3 zone for EI Gato Subdivision by Conger Management Group — 701 Black Cat Road: De Weerd: Okay. Item 8, tabled from January 3rd is FP 05-073. We will start this item with staff comments. Canning: Madam Mayor, Members of the Council, this applicant has been waiting to get on Ada County Highway District agenda for his vacation application. He has gotten a date for that and the next available Council date following his ACHD hearing date would be March 7th. So, he's requesting continuance to March 7th. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we continue Item No. 8 until March 7th. Borton: Second. De Weerd: Okay. Motion is to move Item No. 8 to March 7th. Okay. There is a motion to continue Item 8 to March 7th. All in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: FP 05-080 Request for Final Plat approval of 102 single-family building lots and 23 common lots on 25.34 acres in an R-8 zone for Crossfield Subdivision No. 1 by Packard Estates Development, LLC — 955 West Ustick Road: De Weerd: Item 9, FP 05-080. Anna. Canning: Madam Mayor, Members of the Council, this is the final plat for Crossfield Subdivision. This is the preliminary plat. The final plat encompasses this portion of the preliminary plat. Here is the final plat. We shifted orientation, so this is Ustick now. There was that entry road that came down and the open space and, then, this is where Meridian City Council January 24, 2006 Page 16 of 55 • it angles off. There are two issues connected with the final plat at this time. There is some flood plane issues in this area and I'll let Mr. Grady explain those. And, then, there is an issue with the -- a secondary means of access. As you can see, there is just this one means of access from -- into the property right now. They are proposing an emergency secondary access at this location and Chief Anderson will discuss that issue. Grady: Madam Mayor, Members of the Council, as far as the flood plane issue, we just need to add a reference to the plat calling out for a FEMA flood plane map reference and I believe the applicant is okay with that. So, basically, it would just depict that there is a flood plane in that area and, then, they can go look up the map reference for that flood plane. De Weerd: Okay. Thank you, Len. Chief. Anderson: Madam Mayor and Council, I just wanted to talk a little bit about the issue about the secondary access, I guess, and to try to use this as maybe an opportunity to educate a little bit about the code. We will make code officials out of you guys, hopefully, tonight. De Weerd: There is just former council members we just can't get rid of. Anderson: That Nary guy? Is that -- anyhow, on subdivisions under the International Building Code, it talks about that when a subdivision gets over 30 lots in size that they need to provide secondary access to it in case for whatever reason there is -- a tree falls across the road, an auto accident, whatever that blocks access into the subdivision. Meridian has been a little bit more lenient than that. We have fudged that 30 lot rule up to 50 lots, so we allow a little bit more than that. This particular subdivision is 102 lots in size and so, technically, it needs to have a secondary access point. The only access point right now is right here off of Ustick Road. What the developer is proposing is to take this little flag lot down here and put an emergency access, a gravel road — 20 -foot gravel road across there. The fire department's concern, obviously, is that we don't get into another situation like happened on South Linder Road where it starts out with one subdivision and next time it's another subdivision and now on South Linder we have got 700 homes down there that have a single access point in and out of that area without a connection over the Interstate. So, I think it's something to be cognizant of as you're approving these subdivisions. Part of the reason why there is no access is because there is a Creason Lateral back behind this subdivision and so we don't typically make them put bridges across those laterals and those canals to connect to subdivisions and so this is Venable Lane over here, there is no access. This is undeveloped property, but it's owned by the same developer that owns this. To put in an emergency access, the code talks about that you would take a measurement -- a diagonal measurement across the property, so going from here to this point here is about 1,650 feet and you divide that by two, leaves you about 825 feet and that's the rule of thumb that they use for how far apart these access points should be. In this case if we allow a temporary one here, that's only a little over 400 feet. So, it's not close to what we need by code. Meridian City Council January 24, 2006 Page 17 of 55 But we do know that this property right over here is probably going to develop at some point. So, I guess what the fire department would be willing to do is accept this access point if we could have on record in some type of guarantee that we are not going to get cutoff over here and that as this property develops over here, I think it's slated for a neighborhood center or something that a cross -access agreement is allowed and that access is, then, taken off Venable Lane and that we do get the secondary access as we develop this future land over to the east of this property. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Chief, what is to the east there? We have got an opening through there. Is that -- down here at the bottom where your road comes through? Anderson: It's my understanding that this is just undeveloped property -- Bird: No. No. Down there -- over here on the east side. De Weerd: On the west side? Nary: That's north is that way. Bird: Oh, Ustick. That comes back. Yeah. Canning: That will help. Bird: Yeah. Thank you. Anderson: That's private property still undeveloped over there. Bird: That is undeveloped, too. We do have an opening there, though. Canning: Madam Mayor, Members of the Council, we did have a pre -application conference this week on some properties here, so that may be an opportunity. And, actually, it will connect into Salisbury, also known as Vallen Court Subdivision, at this point -- is that right? Yeah. That's Waterbury Subdivision. I'm sorry. So, there will be a connection into that subdivision at some point as well. Actually, there is -- this preliminary plat does not have a physical location to Venable Lane as of yet. There is still some question as to how Venable Lane will occur when this property comes and develops. So, the next likely connection will be the one into Waterbury. Bird: Anna -- or Madam Mayor? De Weerd: Uh-huh. Meridian City Council January 24, 2006 Page 18 of 55 Bird: Anna, you say that the one there has come in for a preliminary? Where are they going to access? Are they coming -- are they coming off of Ustick, too? Canning: Yes, sir. They had these two properties combined and they are considering getting a third one, especially since the pre -app. So, they would bring in a single connection and, then, connect at this point. Bird: So, that would be -- that would be an access, too, then -- Canning: Yes, sir. Bird: -- once it's done? And at that point, Chief, would the temporary go away? Because, man, you're putting that temporary right between two accesses. Anderson: Right. We would prefer a permanent access and if we can get it through one of these other developments -- but sitting in the seats you guys did for a few years, I know that those developments, when they come in, a lot of times they don't want to have those access roads. So, I think it's important to be on the record that those need to be in and, then, there is no surprises when they do happen. Bird: Okay. De Weerd: Thank you. And, Council, I would just remind you -- and ask Anna to pass on our thanks to Steve Siddoway, who -- on your agenda tonight we -- you did approve temporary access easement agreement connecting Waltman Lane and Ruddy Drive and that was a great effort. So, appreciate Steve and appreciate, chief, you bringing that up, because we don't want another one of those situations. De Weerd: Okay. Any questions for staff, Council? If not, do you need any additional information or do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 9, FP 05-080, including staff comments. Borton: Second. De Weerd: Okay. The motion is to approve Item 9 with staff comments and that would include Chief Anderson's comments. Wardle: All staff, including the fire chief. De Weerd: Okay. Okay. Any further discussion? Mr. Berg. Meridian City Council January 24, 2006 Page 19 of 55 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: FP 05-079 Request for Final Plat approval of 36 single-family building lots and 1 common lot on 9.38 acres in an R-8 zone for Burney Glen Subdivision No. 3 by Properties West, Inc. — south of McMillan Road on North Meridian Road: De Weerd: Okay. Item 10, FP 05-079. 1 will start with the Anna's comments. Canning: Madam Mayor, this one we do have a letter of agreement from the applicant stating that they are -- have reviewed the conditions of approval and agree with them, so this one is ready to go. De Weerd: Okay. Do I have a motion, Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 10, FP 05-079. Bird: Second. De Weerd: Okay. Motion to approve Item 10. 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 11: Public Hearing: MI 05-018 Miscellaneous request to amend the previously approved Development Agreement for Cottonwood Lane Annexation (AZ 04-029) by William Colson, Hugh Colson Revocable Trust and Meridian Premier, LLC — 985 East Freeway Drive: De Weerd: Thank you. Item 11, Public Hearing MI 05-018. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Cottonwood Lane project and it's located on the north side of Freeway Drive, which runs right parallel to the Eagle Road on ramp going west and, then, at the intersection of Wells Street. I do want to point out our new vicinity maps, with help from our GIS person Robin Jack. We have this new capability and my administrative assistant was just tickled pink on how pretty a Meridian City Council January 24, 2006 Page 20 of 55 vicinity map she's able to do for you all. The blue areas indicate that it's a county parcel at this time and, then, the purple is light office. The red is C -G. The yellow is residential. So, the property is a very odd shaped boomerang kind of thing in this location. The application that's before you tonight is a development agreement modification and the staff report goes through this in great detail. I'm going to try and summarize those provisions, although they don't lend themselves easily to that. So, if you have questions, please, feel free to refer to either the staff report or I can look things up. The first section is just, basically, changes to clarify the recitals. The second one would be to clarify some of the allowed land uses. Staff is recommending that consistent with the applicant's request, the DA reflect UDC references and, then, to state the primary land uses that were approved as part of the original approval. The third section for section five, it erroneously references conditional use application approval for this development. So, staff is recommending that, instead, language be inserted that notes that if a CU is required consistent with the UDC, that they go ahead and go through that conditional use process prior to construction of buildings or improvements. The next section is regarding section seven, which was the compliance period that gave the developer two years to complete all of the requirements listed in the previous section of the development agreement and those include a multi -use pathway along Five Mile Creek and you can see the flood plane from Five Mile Creek, the kind of paler blue coming through. Most of this property is within the flood plane. And, then, the standard conditions of approval for an annexation application, including street improvements and other infra -structure improvements. The applicant felt that the two year period would be amended, because no specific approval was granted with the annexation request. So, they do still have some entitlement work they need to do before they can begin subdividing or constructing. The applicant has asked -- he asked for -- that the compliance be tied to some other provisions. One of those was recording a final plat. Another one was related to building permits and, then, the third was four years from the date of the original agreement, instead of two. Staff would recommend that only two of those -- and that would be that the -- the plat has been recorded or the four years from the date of the original agreement. And the last section, 17, was regard to notices and the applicant is proposing to amend those by putting the current owner and developer names in and addresses. So, just bringing them up to date. So, staff is recommending approval. There was no Commission recommendations. It's not required for this application. To our knowledge there is no outstanding issues before City Council. There are also no Findings. You would direct -- if you choose to approve this modification, you would direct the city attorney to prepare an amended agreement. With that I'll end staffs presentation. De Weerd: Okay. Mr. Wardle? Wardle: Madam Mayor. Anna, I'm trying to remember this application when it came through and I know that we approved -- if not this application, one very near it based on elevations provided by the applicant for the office park. Canning: This is -- I don't remember seeing elevations, Councilman Wardle. This was proposed as a hotel and, then, this -- the back area -- or, I'm sorry, that was already a Meridian City Council January 24, 2006 Page 21 of 55 hotel. Here we go. This is a proposed hotel, and, then, the back area was proposed as either, yeah, office pads or multi -family and this is kind of the -- that's the flood way and flood plane coming through. Wardle: Madam Mayor. Follow-up, Anna. I remember talking about office buildings behind that. I don't remember specific discussion on multi -family and would this change require elevations to come forward before multi -family would be approved or would it be an allowed use and subject to staff level approval? Canning: All multi -family is conditionally approved. So, it would have conditional use approval. In the previous annexation request and associated development agreement had no other entitlements associated with it, so there was no plat, there was no CU approval, it was just the annexation request. So, they would need to come in with -- for conditional use approval to the Planning and Zoning Commission. Wardle: Okay. Thank you. De Weerd: Okay. Any other questions, Council? Mr. Nary, do you have comment? Nary: Madam Mayor, Members of the Council, just a couple of clarifications. I think Mrs. Canning has stated all of the staffs recommendations and some of those were from my office as well. Probably the only one that from -- I guess that has some legal significance -- most of it is a cleanup of some language in this agreement, but one of them raises a different issue that we may want -- you may want to think about it in the future. All of our standard development agreements have a condition of two years. That sometimes is not long enough, which is what is being proposed here, because the property has transferred owners and there is a lot of work, especially because of the challenges of this particular site and that's the reason for the request for a longer period of time to comply with all of those requirements and that's, again, your decision. But sometimes two years is way too long to have property sitting without anything happening on it with that and part of our discussion next week is thinking about that and talking about that in future development agreements as to how we would frame that, so that we don't have ground that just sits and sits and doesn't get developed, nothing happens. The only recommendation I had on that provision on the default was those two when -- normally when property gets platted they have a year -- you see those time extensions, they have to come back before you, so that was why we felt that the final plat is probably adequate as one trigger to take them out of the default and, then, the four years is -- again, it's your decision, but, again, I think this one is a challenging site because of where it's located and the floodway issues that they have to address. So, that might be appropriate, but, again, it's up to you. Mr. Lee is the attorney for the developer here that has also looked at this agreement. I don't know if he has any comment for you, but I just wanted to put that on the record as well. De Weerd: Mr. Lee, do you have comment? I guess I was asking an attorney if he had a comment. No, you can -- apparently you're not used to attorney jokes. I apologize. Meridian City Council January 24, 2006 Page 22 of 55 Lee: I must say, I'm a bit rusty on my attorney jokes. I don't think I'd do a very good stand-up routine. My name is Frank Lee. I am the attorney for the current owner of the property who acquired it from the original developer. When we -- my client acquired the property and, then, reviewed the development agreement and reviewed this particular drawing, they realized that this is a very difficult site and development as contemplated in that drawing isn't really what we want to do or in discussing it with the city staff, that's not really the way the city would like it to be developed and there is lots of issues there. And because it hadn't been platted, there was no Conditional Use Permit applications pending, we thought two years was far too short of a period of time to deal with those issues, have it properly platted, and -- planned and platted and done and so we thought four years was an appropriate time. And that's the basis of that request. And the remaining changes are as Mr. Nary stated, mostly cleanup. So, I will stand for any questions you might have. De Weerd: Thank you, Mr. Lee. Any questions for the applicant? Rountree: I have none. De Weerd: Okay. Okay. Council, any additional questions? This is a Public Hearing. Is there anyone who would like to share testimony on this application? Okay. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: If there is no further comment, I would move that we close the Public Hearing for Item No. 11. Bird: Second. De Weerd: Okay. The motion is to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion or staff comments needed? Okay. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request to amend the previous development agreement for Cottonwood Lane. The agreement to include the clarification statements and recommendations of staff, to trigger the agreement on the recordation of the final plat or four years from the agreement and to direct the attorney to prepare the amended agreement. Meridian City Council January 24, 2006 Page 23 of 55 Bird: Second. De Weerd: Okay. Motion to approve Item 11 as amended. 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 12: Public Hearing: Fee Schedule for Reservation to Use Police Station Conference Room: De Weerd: Thank you. Okay. Item 12 is Public Hearing on fee schedule for reservation to use the police station conference room. I will go ahead and open this Public Hearing with the chiefs comments. Musser: Madam Mayor, Members of the Council, what we have done is taken a look back at the use on the public meeting room at the police department, which has been rather extensive and heavy. We have also divided the fees into two groups for a half day and a full day on that. And made just some minor adjustments. Part of that adjustment in terms of the amount of time it takes for us to schedule the building and due do to food problems in the public meeting room as well, there is some additional cleanup costs also incorporated in there and we are looking at the potential down the road that we are probably going to have to replace carpet out of there. So, what we are trying to do with the fees is hold to those actual costs that we may be incurring upon them, not try to make it too unreasonable or anything, but also try to adjust it to cover a full day usage, in addition to just having the half day usage as well. De Weerd: Thank you, chief. Any questions for the chief? Okay. Is there anyone from the public who would like to offer testimony on this item? Seeing none, Mr. Nary. Nary: Madam Mayor, I just wanted to put on the record the reason it was listed in your packets and in the advertisement as a new fee and not an amended fee is because we couldn't find that we actually ever did it before. I think we talked about it, but we didn't actually do a Public Hearing and do it, so that's why it's listed as a new fee. De Weerd: Thank you. Rountree: Oops. Nary: Chief Worley was the chief. Bird: Blame him. De Weerd: It certainly wasn't Chief Musser. Meridian City Council January 24, 2006 Page 24 of 55 Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Chief, is there a need for a deposit on these room rentals to take care of spills and problems that might happen? Musser: At this point, Councilman, what we have done is -- is we have made the agreements structured such that we can bill that party for additional cleanup costs if we -- if we run into those. It's part of the agreement when they sign on it, that they could have to put out additional costs on it. We don't require deposit at this point. We have kept the fees really pretty reasonable in the long run for what the public's using it for and for private organizations as well. So, we have tried not to be too hard nosed about it. Borton: Okay. De Weerd: Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Chief, just a quick question. Is there -- in the ordinance or in the resolution is there a mechanism for waiver of the fee? Musser: Councilman Wardle, I'm not aware of one that we have at this time. Traditionally we have an imposed fee for city functions within the city building or those types of functions which we are a part of. Say, for instance, a board meeting with Drug Free Idaho, Pay/Ada, that type of thing. If the city is directly affiliated, there is an expectation that they can use the city facility without having to pay for it, if that answers your question. Wardle: Madam Mayor. It does answer my question. I'm just wondering if we need -- Mr. Nary, if we need further clarification of -- since we will be charging other outside organizations, which are outside of the city, and there are volunteer organizations which are internal to the city. Do we need to clarify that there wouldn't be a fee for those? Nary: Madam Mayor, Members of the Council, Councilmember Wardle, that's a policy decision of the city is that when the fees are imposed, but probably to make it clearer in your motion, if you want to approve the resolution, you can certainly include that. Or if you would like us to bring a different resolution back with that specific language contained within it, so that it's clear to folks that that was the intent, that anything that's a city function there wouldn't be a fee. Or that would be discretionary. We could certainly do any of those things. Meridian City Council • January 24, 2006 Page 25 of 55 Wardle: Okay. Thank you. De Weerd: Thank you. Mr. Berg. Berg: Thank you, Madam Mayor. I didn't want to bring another little situation, but sometimes we have had some conflicts with the use of City Hall and this chamber and needed to use it for a special City Council meeting or P&Z meeting, which we bumped an organization from this meeting room and the police department has let us use that one. For instance, Meridian Historical Society or something like that. I just was -- I don't want to get into it, but that's always been kind of an administrative thing that if it was available and we couldn't make this room available, that the police department's always made it available over there. I don't know if that needed to be addressed, but don't want people to start pointing fingers that we do this for this or that for them or -- they are part of our community, yes. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Maybe in light of that we could bring a different resolution back in a couple of weeks to at least have those contingencies that since section two says the police department is authorized to carry out the collection of fees, if the Council wants either the policy decision in the resolution itself of, you know, city organization or city business, or at the city's request or that it gives the chief or the department the discretion on city business or something to that effect -- we can figure out the language, but bring that back in a couple weeks and having it in a resolution is sometimes easier, we can always point to it, it's a little clearer to everybody how it's applied and, then, we can put that on your next meeting. De Weerd: Okay. Thank you. Okay. Is there anything further? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing nothing further, I move that we close the Public Hearing on Item 12. Borton: Second. De Weerd: Okay. Motion is to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council 0 0 January 24, 2006 Page 26 of 55 Item 13: Resolution No. Approving and Adopting Fees for Public Use of the Meridian Police Department Conference Room: De Weerd: Okay. Item 13 is a resolution to approve and adopt the fees as discussed in Item 12. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we put this back until February 13th -- 14th. To February 14th with a new resolution stating the policy that we had for the fees of the rental. Rountree: Second. De Weerd: Okay. The motion is to table this resolution to February 14th for additional work. Any discussion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just for clarification, I think that we need to clarify that any meetings associated with the City of Meridian at the discretion of -- and leave the authority with the police department, using Mr. Berg's example of the historical society has members which are appointed by the Mayor and so any of those committees -- I don't think we need to name them, but let's make a general statement and, again, leave the discretion to the department to collect some fees. Bird: Agree a hundred percent. De Weerd: Okay. Chief, any issues? Musser: Madam Mayor, Members of the Council, that sounds like a good functional project for counsel and I to work on. De Weerd: Okay. Have I already called for a vote? Okay. Just wanted to make sure. Nary: You had a move to table -- Bird: We were going to vote. De Weerd: Exactly. Nary: Oh. Okay. I'm sorry. Meridian City Council January 24, 2006 Page 27 of 55 De Weerd: No. We were tabling with instruction of how to prepare it for our attorney. Okay. All those in favor say aye. Okay. I hope you know what you just said aye to. MOTION CARRIED: ALL AYES. De Weerd: Item -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: I heard him. Item 14: Tabled from January 17, 2006: Ordinance No. : AZ 05-017 Request for Annexation and Zoning of 137.96 acres from RUT to R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. — on South Eagle Road between East Victory Road and East Amity Road: De Weerd: Okay. Item 14. Do I have a motion on that? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we table Ordinance AZ 05-017, Annexation and Zoning of Messina Meadows Subdivision to February 6, 2006. De Weerd: Is that February 7th, maybe? Bird: You're probably right. I think you're right. Rountree: It is. Bird: It's right. I'm a day off. Rountree: I'll second that. De Weerd: Okay. Item 14 has been moved to table to February 7th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 15: Discussion of Expansion of Area of City Impact — South Area Boundary: Meridian City Council January 24, 2006 Page 28 of 55 De Weerd: Okay. Item 15 is discussion of expansion of area of city impact south area boundary. I don't know who's going to kick off this discussion. Mr. Grady. Grady: Madam Mayor, Members of the Council, after much discussion and more or less a slowed start on several of these issues, what you see here in front of you tonight is a -- sort of a collation of the latest information that we have in the negotiations with United Water and with the City of Kuna. So, I will walk through three separate scenarios, one to do with United Water and two options that we are looking for some guidance with as far as Kuna. To start off with, United Water, you will notice a gray band along the west side of our boundary. Sorry. The west side of their boundary. East side of our boundary. Thank you, Anna. Basically, this boundary is what we are calling a gray zone and subdivisions in that zone which ultimately end up with Meridian addresses, will be served by Meridian water. If those end up going over to Boise, then, they will be served by United Water. Anything to the north of Chinden, because United Water is already there, is -- will be served by United Water. Anything to the south of the line that we are negotiating with -- with Kuna will also either get served by Kuna or United Water. But, basically, they won't cross north of that boundary. Along this line there will be an agreement, which we started working on, we are -- we have our -- our water lawyer, in conjunction with the city attorney's office, drafting up an agreement that will start here over the next week and, hopefully, finish up by roughly end of February. By the way, anybody who is lacking a map or needs better clarification, there is about 20 maps or so on the back desk there, if people are interested. As far as the options we are evaluating with Kuna, we met with them several times over the last month and we came up with an option -- if you follow along here, Lake Hazel, following the blue line, drops all the way down, and, then, eventually, hits Kuna Road and, then, follows up along the Boise boundary. That was -- that was a negotiated -- a joint meeting between our mayor, Kuna's mayor, and both engineering staffs. Since, then, they contacted me with regard to this area down here to the very south and, apparently, they have some residents there that really would prefer, according to Kuna, would prefer to be within Kuna's area of impact and I guess because they opened the door, I know that we have - - we have a landowner who's interested in becoming part of Meridian. So, what we have done here in conjunction with the blue line, which was originally negotiated, is we have added this yellow line, which is sort of an option. So, basically, we would carve off the bottom tip of that south area and trade it. That's not exactly a fair trade, there is, you know, three square miles here and two there, but I think -- I think it sort of makes a little more sense if both sets of those landowners do want to sort of trade places with each other, that -- I guess that -- to me that makes sense. The red areas that you see there are United Water certificated areas that they are applying for. The red area right here is LDS church and we would be protesting that and allowing this one here to go through. Again, as part of this gray line we would -- they would back off this LDS church, we would let this area go through, and we would agree with some conditions on how to resolve that gray line once development occurs. So, I'm sort of throwing three different scenarios in there. At this point I'm not asking for anything as far as United Water, other than if you see any serious concerns, then, we probably ought to stop working on that agreement. As far as the Kuna area, I'm looking for some guidance on Meridian City Council January 24, 2006 Page 29 of 55 whether you think the yellow option is a better option than the blue option. One other thing that you might note on your -- at least on your printouts, the light blue area there represents all of the parcels with Kuna -- or, sorry, with Meridian addresses and they do basically go all the way down to Hubbard, just for interest. Now, I know Anna's got quite a few comments in addition. Okay. I think you have all received a page worth of comments there, but do you have any questions for me at this time? De Weerd: Council, do you have any questions for Len at this time? Bird: I have none. De Weerd: Okay. None? Grady: I do know that one of the developers would like to speak to this also. De Weerd: Okay. Thank you, Len. And, again, there is a couple of different items of this discussion and a couple of -- I guess there is a sewer service area and there is an area of impact area. So, as Anna talks about some of the activities in partnership with Ada County and Kuna to look at land use, there is a separation of some of the discussions that we have had in terms of service area for sewer. Grady: And that's a very good point. I have made it clear and -- as best I can with Kuna, that this line, should we sort of choose to adopt it, it does need to be tied in with a sewer concept plan and that sewer concept plan, the city engineer will start working with that here in the next day or two and that will lay down ground rules, like we don't want another -- we don't want a Kuna plant in Mason Creek. I mean we are putting one there. If they decide to put one in there, we are going to be in a fist fight here to try to figure out how this is going to get sewered. So, over the next month or so we will work out those types of details, where the plant goes, can we run sewer lines through the corners of Kuna to make it easier on our sewerability, that type of stuff. So, this is, really, step one of two and you could argue this is even the easiest of the two steps, so - De Weerd: Well, I don't know if they'd agree with you necessarily on that and just to clarify any fist fight type of definition, we have applied for the permit for discharge into Mason Creek and there will be only one. So, I don't think there will be a fight in that regard. It's just to get some clarity to this. The lines were drawn -- and I do want to give some clarity to that as well. The lines were drawn in attempt to make sure that as we look at servicing the Mason Creek area, it was a good business decision for Meridian and that our rate payers would not be unduly burdened with planning for this area, should we, then, plan for the appropriate sizes of our sewer lines and that sort of thing. So, in trying to reach some consensus with Kuna, it was with that in mind. Then, both of us needed to go back to our councils and give this information for your feedback and that's what we are doing right now. So, Anna, with that I will turn this over to you. Meridian City Council • January 24, 2006 Page 30 of 55 Canning: Madam Mayor, Members of the Council, I raise a fourth issue and that's once this line is drawn what am I doing with it and I want to -- I do have some things I want to discuss now. You usually don't get this much out of me. We have talked about going forward with a Comprehensive Plan amendment for this area. The first thought when I discussed this at budget hearings last summer was that it would be a joint public participation effort between Kuna, between Ada County, and not trying to decide any land uses at that time, just public participation. For various reasons the pace picked up, the need to clarify those land uses became kind of the most important aspect of that in some ways -- or more important aspect of that in some ways, so we were just going to move forward with a reduced public participation study and go ahead and include the land use issues. On the first study I had begun working with Ada County and with Kuna and we had a consultant selected, we had a scope, I retained the same consultant, I had him revise the scope, I was still working with Ada County, because I was -- wanted to keep that relationship going working with them to do this Comprehensive Plan, so that when the area of city impact process or amendment process started that we were on the same page and we could coordinate. Well, they started getting excited about the idea of maybe yet a third option and that's what I'm bringing forward to you and it would be -- again, going back to this idea of a joint public participation and land use planning and the county has committed to working on this, they have taken it up to the county commissioners, they have expressed an interest in it, and what they would like to do is they are in the middle of a comp plan process and they would like to make it a sub area plan. So, it would be a -- what this project would be, this joint effort, it would be, essentially, doing three comp plans at the same time. I mean we were the only ones that know it's three of them. To the general public it will seem like one. But it would serve as the Meridian Comprehensive Plan, it would serve as the Kuna -- or a portion of it would serve as that, a portion would serve as the Kuna Comprehensive Plan and, then, it would be also a sub area plan for the county. Now, this might sound like a new term, one that you have never heard before and would it be, this would be -- they are starting work on one north of Eagle and this would be one here that -- the first one to really deal with the city to city issues, rather than the rural issues. It would still have a -- by doing it jointly, it would be an enhanced public participation. I really fear that one of the things that will become a problem if we decide to go ahead and just move forward on our own would be that -- this same group of folks are going to start getting inquiries about the Kuna Comprehensive Plan, the Ada County Comprehensive Plan, and the Meridian Comprehensive Plan and, you know, if you're on the south side of Lake Hazel and you show up for the Meridian one and we are going to tell you, well, you're welcome to stay, but this doesn't affect you and vice -versa, if you're on the north side and you show up at the Kuna meeting, then, they are -- you know, nice that you're here, but this isn't going to affect you at all. So, at least we have everybody coming to one set of public participation meetings, rather than trying to divide them up and get them to the right place and will be overlapping -- De Weerd: Well, Anna, I might add that when Council approved this budget item, this is kind of what we had anticipated it to be. Anna: Yes, ma'am. Meridian City Council • January 24, 2006 Page 31 of 55 De Weerd: We thought that -- we had already talked to the county, the county was wanting to enter into a public process with us, and we thought Kuna was, then, Kuna pulled out and it didn't make as much sense anymore, so we went more the direction of the Comprehensive Plan. Now, with, I think, Ada County's help, they have helped us pull Kuna back into it and maybe because we have resolved or we have come closer on some of the sewer issues that they are back in the picture again. So, it's kind of come full circle. Canning: Yes, ma'am. The other advantage of the joint plan is that it's really looking beyond our borders. We could do a coordinated transportation and land use planning. It really puts the principles of good blueprint for good growth into action. It would be -- a lot of the issues we have talked about as far as working with the county as far as inter- city governmental coordination, this would just be, really, a prime example -- or we could set a prime example of how to do this. It also brings some additional tools to the hearing process, in particular, Ada County has committed to maybe -- or not committed to maybe -- has committed to one of their staff members doing some visual simulations that we hadn't originally counted on and it's an infrastructure analysis. It's just a kind of gross look at the comparisons of different land use patterns. It's not an actual infrastructural analysis, such as the Public Works Department would do. It also brings additional tools to the area of city impact process and that's the ability to really integrate these implementation strategies into the sub area plan, so that they could easily be folded into the area of city impact agreement. And, presumably, it would shorten that negotiation process. It also has the potential to reduce the conflict or if there is conflict between the city of Kuna and the city of Meridian. I think the county's real interest that they have stated numerous times is they just don't want another Star and Eagle debacle, if that's not too strong a word to use. So, they are looking at this as a process to maybe alleviate some of those conflicts. I have to admit that it's going to be a much greater challenge for staff to figure out a scope of work on how this is going to work, to work with two other jurisdictions to get this done, but I really do feel it's the right thing to do. So, the question is if we do this joint effort, how does this affect the need to move forward with the development opportunities available in the area. It would mean a delay in the Comprehensive Plan by six months and I would structure that scope of work, so that we would be targeting for a December submittal. Right now we are targeting for a June submittal and I have to admit I'm anxious about what kind of product we could get submitted by June at this point, because it is getting late, so -- but we would target for a December submittal. I'm limited to submitting Comprehensive Plan amendments now to June and December, so that's why I use those two dates. So, there would be a corresponding delay in the ability of the city to annex properties by six months. Now, I recognize that this is probably not acceptable, so I'm proposing also kind of a concurrent text amendment to the Unified Development Code and what that would be is to establish a new zoning district and it would be clear in the purpose statements that this was a holding zone or a holding district. It wouldn't grant any additional development rights to the property owners, they would be vested with what they were annexed with, and, then, the developer could rezone that property once the Comprehensive Plan amendment is submitted on the property. So, you would get some Meridian City Council January 24, 2006 Page 32 of 55 X zone when you were annexed, you could be annexed, you could say you were annexed -- you would have to wait for the Comp Plan still to rezone, because the problem with annexing outside an area that we have a Comprehensive Plan for is that that is one of your findings is that that annexation and zoning is consistent with the Comprehensive Plan. So, this holding zone would give you a way to annex those properties in one that kind of -- a zone kind of insists that you wait for a Comprehensive Plan plan amendment and so the Comp Plan -- again, they could submit -- they being -- an applicant could submit for annexation current with when I turned in the Comprehensive Plan amendment. They may have to wait as it goes through perhaps a lengthier Public Hearing process than a regular application would, but they can submit concurrent with that and that would be December of 2006. So, that should meet the time line set we have heard expressed by those folks wanting to annex. So, staff is kind of recommending this joint effort at this point, but there is still -- the Meridian only effort is still a viable option. Certainly, easier for staff in your -- the Comprehensive Plan will likely get done sooner and the city would be able to react sooner to development concerns and, again, that is June versus December of 2006. So, that's -- any questions regarding that topic? De Weerd: Council, any questions for Anna? Bird: I have none, Madam Mayor. De Weerd: All right. You might note that Pete is here. Canning: Oh, yeah. Yeah. Yes. Sorry. I had it on my notes. We have representatives from both the City of Kuna and Ada County here. I'd like to -- Pete Friedman, can you stand up? Pete is the Comprehensive Plan division chief -- I don't know his exact title. But, you know, he's from Ada County Development Services and I have been working with him quite a bit on this project, as well as the Ada County comprehensive plan. I'm on their steering committee. So, we have been doing a lot of work together lately. And, then, we have Lisa Bachman from the City of Kuna and she is an assistant planner? Planner II. Sorry. The equivalent to our associate planners. For the City of Kuna. De Weerd: Well, thank you both for joining us. Do you have anything you would like to add? If you do, please, come forward. If you will just state your name for the record. Friedman: Sure. Thank you, Madam Mayor, Council. For the record, my name is Pete Friedman and I'm a planner with Ada County Development Services. And this was kind of a unique concept that I sort of threw out to Anna. Originally, she had asked both myself and the City of Kuna to participate back with her first thought RFP and started going through that and, then, she called me after receiving my comments and said, well, I'm sort of changing direction. We might be moving towards a Comprehensive Plan Amendment and I started thinking, well, we are in the process of updating our Comprehensive Plan now and as Anna had indicated, we are trying out a new approach in that we are developing sort of an overall umbrella policy document for the county, but Meridian City Council January 24, 2006 Page 33 of 55 we are also working on a more specific area plan and those two tracks occur in a parallel fashion. In looking at the consultant team that Anna put together, I thought, well, you know, there is some efficiencies that could be achieved here, because we have an area we are working in right now that's pretty wide open and pretty rural. We are also now looking at an area that's going to be experiencing some significant growth challenges over the next couple of years and it didn't really seem to make sense to me to have these two or three efforts going on by themselves. So, I kind of -- we have kind of discussed this. She sat down with my director Gerry Armstrong the other day, we have talked about some of the in-kind services we can provide through staffing and some of the new tools that we are bringing on board in our department and, then, we agreed that if the two councils were favorable to this idea, then, we could start looking at, you know, what our possible commitments to this would be also. I ran this by the board of commissioners the other day, saying we were entering into these discussions, and without making any commitments, they did encourage us to go ahead and continue the conversation and the dialogue. So, I think where we are at right now is, you know, waiting to see where the two councils go and if it's affirmative, then, start sitting down with Anna and Diana in Kuna looking at some numbers and our staffing and proceeding from there. We are, actually, pretty excited about this -- the possibilities, so that we are not getting hit also with one or two area of impact exercises of having to evaluate two or three different Comprehensive Plans or having a situation occur where we have, you know, a void in our plan and, you know, just having something we can pick up that all three jurisdictions have agreed to and, then, it can be, then, folded into your individual cities. So, that's where we are at right now. De Weerd: And I think it's also worth noting, Pete, that you're here on your day off and so that is how committed he is to this process and I really appreciate that. I think it's important, as Anna has noted, that the residents -- I think that that would be an expectation that we all work together and it's certainly a goal that we had when we first proposed this, that there is a lot of -- Kuna is going to be dealing with the same thing we are. There is a lot of county clusters already built that are anticipated to develop urban around them, that as we learn from Kingsbridge, that it doesn't always work in the fashion that when some of these ideas came up with, that it's not as smooth as it once was thought to be. Friedman: I think, Mayor, that's one of challenges that we are going to be looking at overall with our comprehensive planning process and looking at what's been done in the past and how do we maybe come up with some new approaches, so -- De Weerd: Appreciate that. Thanks for joining us. Council, any questions? Rountree: Madam Mayor? De Weerd: Yes, Charlie. Meridian City Council January 24, 2006 Page 34 of 55 Rountree: Pete, I just want to make sure I heard you right and it seems that -- I think you have the same kind of feeling I do about the opportunities here, if we can work together. Friedman: Uh-huh. Rountree: And I know you can't speak for your board of commissioners, but it sounded like if there is a willingness on all the parties, there is probably a willingness of the county commissioners to participate financially. Friedman: Yeah. I think, councilmember, I think the devils will be in the details and that's something we would have to work out with Anna and Kuna and, then, I'd have to go back and we take a look at our budget. As Anna had indicated, there is -- we have a new staff member -- the board has been really interested -- there is a software program out there called Community Viz and it does any number of things. It does visualization, it does alternative analysis, it can do anything from lot sizes to -- but it also does financial analysis in terms of sewer pipe sizing and road sizing and, you know, the different alternatives and we have brought a staff member on board and one of her primary responsibilities is to be a modeler utilizing Community Viz. She has a very strong background in GIS. We have to do some training over the next month or two for her, but we thought this would be a good opportunity to fold her into this process and maybe start utilizing that tool also. So, you know, obviously, it would -- I'd have to go back and look at the budget, we'd have to take that to the board. Rountree: Thank you. De Weerd: It sounds like with that software you can eliminate most of your staff. Friedman: Well, not entirely. I think some of them have been working hard enough they wouldn't mind a little assistance if they could just push the buttons, but -- De Weerd: Any other questions, Council? Okay. Thank you, Pete. Friedman: Thank you. De Weerd: Do you have any comments? Okay. If you will state your name for the record. Bachman: My name is Lisa Bachman. I work for the City of Kuna. Madam Mayor and Council, I, actually, wasn't prepared to speak or do any presentations. I was under the impression there was just going to be a discussion -- De Weerd: We are -- we are informal. Bachman: -- and not -- right. And not necessarily a decision tonight on the Southern Meridian proposed area of impact boundary. I guess if I may ask a question, I was just Meridian City Council • January 24, 2006 Page 35 of 55 wondering if that was going to be decided tonight and if that's going to be official or if there is going to be a Public Hearing that we could partake in. De Weerd: This is an item just for the discussion to get feedback from Council and give staff an idea of direction, as well to give an idea to Kuna what -- what the general ideas were. Bachman: Okay. De Weerd: Certainly, the reason -- I guess for you and for Council at this point, when -- we have had discussions between the sewer side of things and the discussions I have had with Mayor Obray is he wanted a permanent line and certainly a permanent line for us was needed almost in terms of do we agree to sewer an area that wouldn't be Meridian's and would it at least be 50 percent for us to make it a good business choice for our city and for rate payers. And so when we last got together Mayor Obray had come with lines and it was slightly modified to what you see in the blue line. This compromise I think is what feedback your city engineer gave our Public Works Department and wanting those two southern square miles and this is their idea. If you -- at that point we were at a 50-50 in the sewer -ability, so I think as Len said, it was kind of his attempt to -- to balance the sewer area, so that it still was a good business choice, as well as what has been requested by property owners in that area, too. So, I don't think that Council is being asked to draw a firm line in the sand, I still think that that is going to be an exercise in the public participation, but as you go to the public, you do want to come with a plan that they can comment on. Bachman: Okay. De Weerd: I know that didn't answer your question directly. Bachman: Basically, are you going -- I guess what I was wondering is if you will be deciding if you're going to go ahead with the blue line or the yellow line, to go forward with your Comp Plan study. De Weerd: I just talk. They have the vote. Council, anyone want to attempt an answer? Wardle: Madam Mayor, I think we are certainly going to get to that after we hear from a couple other people and some of the staff members, we should probably be able to give you at least a preference to go home with this evening. Bachman: Okay. Just the concern there, if I may, Madam Mayor and Council. The Mayor and Diana Sanders, the Planning Director, came to me today -- they are, actually, at the town hall meeting tonight for Kuna. Otherwise, they would have been here. They quickly briefed me kind of on the history, which you verified, on the boundaries that have been discussed and they were under the impression that we had kind of an agreement on the blue line and they were sort of surprised to learn today Meridian City Council • • January 24, 2006 Page 36 of 55 about the yellow line. And I guess we just wanted to be able, as Anna was stating and Pete, through agreeing on the new area of impact southern boundary for you, northern boundary for Kuna, we would like to come to an agreement prior to going forward with an integrated study that they talked about. So, we want to do the integrated study, we want to work together with Ada County, Meridian, Kuna, and together we think that would be in the best interest for the community, but we feel that this boundary should be agreed upon and established prior to going forward with integrating. De Weerd: I appreciate that and that's the first time I have seen it, too. Bachman: Okay. Yeah. We were just -- like I said, I didn't have anything formally prepared. De Weerd: But I do believe that -- Len, their City Engineer came back to you and said that they -- you needed to move the most southern line up a mile. Grady: Madam Mayor, Bill Nary and myself attended a -- sort of a workshop at Kuna last week and during that workshop they actually approached us with the concept of carving some of Meridian's area of impact off and I thought, well, beings we are considering that, we also need to consider adding some back. So, they opened the door and we sort of took that opportunity to make an adjustment. And I did -- it shouldn't have been a surprise. I did let Keven Shreeves, the City Engineer, know yesterday that we finally had the yellow line at least in concept and so that there wouldn't be a surprise, so -- De Weerd: Okay. Well, if we -- if Council would like you to -- if you have additional comment after we have heard from everyone, certainly we will invite you to come forward again. Bachman: Okay. De Weerd: Okay. Thanks, Lisa. Okay. We have additional comment. If you will, please, state your name for the record. Johnson: I'm Greg Johnson. I reside at 1280 East Pienza in Meridian. De Weerd: Thank you. Johnson: Thanks. First of all, I would like to get -- I didn't understand fully what Anna was talking about on timing. Anna, the dates of June and December that you're discussing, is that for an additional comp plan to the sub area plan that is being -- would be worked out with the county? Canning: Madam Mayor, Members of the Council, we are only proposing one plan. Meridian would adopt an Ada -- a Meridian -- south Meridian Comprehensive Plan. We wouldn't adopt an Ada County sub area plan, Ada County will do that. So, it's just -- it Meridian City Council • January 24, 2006 Page 37 of 55 would just be our Comprehensive Plan amendment to the line -- whatever, blue, yellow, fuchsia, magenta line that may be. Johnson: But the land use would be the process that we are going through if we go through this with the county, that -- that would all be discussed and decided in that process, wouldn't it? Canning: Yes, sir. Along with a collector road system, things like that. Johnson: So, once that's in place, couldn't that simply be adopted by the City of Meridian? Canning: That's the idea. Yeah. Johnson: Okay. I guess I'm confused at the time frame, then. Canning: I have to package it in a Comprehensive Plan amendment. We are all working on Comprehensive Plan amendments at the same time that need to meet the requirements of our various jurisdictions. Johnson: Okay. So, for land in this area, then, what would be the soonest that we could apply for annexation, zoning, and a preliminary plat? Canning: The annexation and the zoning with the Unified Development Code text amendment could occur as soon as I can get that text amendment done, which if I submit it by the 15th, it would get up to Council four to five months later. The actual approvals, the soonest you could submit for development approvals would be December of 2006. Johnson: But it could be annexed prior to that? Canning: Yes, sir. Johnson: But you wouldn't review a preliminary plat or a specific zoning? Canning: No. But we would -- as a major landholder in the area, you would certainly be included with any of the planning discussions. Johnson: So, if it was -- if that proposal for annexation that was in compliance with what was being discussed at the county, we could proceed immediately after December, if that's the date when it -- Canning: You could submit it December 15th concurrent with my Comprehensive Plan amendment and they would travel together to Planning and Zoning Commission and City Council. Meridian City Council • January 24, 2006 Page 38 of 55 Johnson: Okay. Canning: And I apologize, Madam Mayor, Members of Council, this all came up starting yesterday. I figured this whole thing out at 5:00 and I didn't have an opportunity to notify some of the interested parties, Mr. Johnson being one of them, so -- Johnson: That's okay, Anna. I probably wouldn't have understood anyway. Just to give you a little history on this. To the -- is there a pointer here? Bird: It's on a little chain right there, Greg. Johnson: Okay. This area in brown is currently by the designation of blue designated to go into the Kuna area. I also -- it's approximately 600 acres. There is -- plus or minus. In this section and this section and in this section here we have another total of approximately 800 acres there. When Len and Anna and others began discussing the idea that possibly the City of Meridian was willing to put a pump station over here along Mason Creek and pump this back to your sewage system and, then, later build a treatment plant there -- I acquired this ground between 1998 and 2003 and some of it is still under contract and hasn't been closed, but the majority of it's closed. We have been -- in fact, Anna Canning in her previous employment worked three years with me on a good portion of this site, with the idea of doing a planned community in the county with this parcel. Part of it has since been preliminary platted for non-farm subdivisions in the county, which we prefer not to do. They are inactive plats that we have extended, but we are not planning on developing. We have tried a number of times to annex to Kuna and even offered to build a treatment system for them. We have been denied on all those accounts. It has been a long and expensive process. When the opportunity came that Meridian was willing and able to come to this area with sewer and wanted to, I was more than happy to cooperate. The one thing that I did ask both Len and Anna is if you decide to put this in your impact area, please, take all of it. Don't put me in the middle of the two cities. And Mason Creek drainage -- basically the -- I believe the lift station is approximately there. Is that correct, Len? Grady: That's correct. Johnson: Mason Creek drainage comes right through here, splits my property, flows all the way through. It really is where the main trunk line to drain the Mason Creek drainage should be built. It drains that entire area between the Kuna lateral and the ridge -- the ridge that runs down through this property. There is a canal that runs along there. It's the center of the drainage and if you're going to sewer it, it logically is where the trunk line should be built. A few weeks ago when this blue line was drawn, I met with the Mayor of Kuna and the city -- part of the city council people, we discussed sewer. If Meridian was going to provide the sewer I wanted to build Meridian sewer. They were very adamant that if it's in Kuna that Kuna will own the trunk lines and will own the distribution lines and they may or may not sell sewage to Meridian. So, I would just ask that which ever way you decide, draw the line and -- but don't put me in the middle of the conflict between the two cities. I need to deal with one or the other or do a Meridian City Council January 24, 2006 Page 39 of 55 planned community in the county and build my own sewer treatment plant. But I need to know which direction it's going to go here pretty soon and I would really like to work with the City of Meridian. You have been good to work with in the past. Sometimes you have asked me to wait a little bit. We might not have done so patiently, but we waited and -- De Weerd: Talk about understatements. Johnson: You know, I think we have had a good working relationship with the city and we want to continue to. We would love to have this property served by you, but it -- and I think it's fairly critical if Meridian is going to serve the Mason Creek area, that you run your trunk lines through here so that you can. De Weerd: Now, Len, I guess I -- since you were at the meeting last week, what did the statement mean that Greg thought he heard from Kuna, that if they do Mason Creek they may or may not do sewer to Meridian. What does that mean? Grady: I'd just be speculating. Until we get this -- De Weerd: That's not what they said at the meeting? Grady: No. Their indications were -- they were concerned that we were going to force our sewer services on them and I said, no, that's not the case, we -- I don't see why we would force our services on anybody. If they choose to take advantage of a regional lift station, we need to know up front and we need to work out that agreement. If they choose to go their own way with lift stations and ponds, we need to know that up front also, so we can size our lines. I'm not sure -- De Weerd: So, Len, they are still -- they will have not made a decision, then, on -- that we would service that Mason Creek area and that they would -- they would have an agreement with us similar to the Eagle -Boise agreement or Boise -Garden City agreement that they would -- that we would treat their sewer. Grady: When Bill and myself met with them, they had four options on the board showing various ways of financing their sewer options. When asked about what we could provide, I said, you know, obviously, if it makes sense to our taxpayers and your taxpayers, we are going to be virtually doubling our plant capacity here in the next year or, you know, maybe it makes sense that we could work out an agreement to take your sewer until you get some other facilities online, we get cash flow, it saves them -- it saves them cash flow. If it makes sense, we should do that. There was what I would consider some interest in that option -- and this is just pure speculation on my point, but definitely the crux of their discussion seemed to be focused around going their own way. Johnson: Maybe I didn't explain it clearly. If they annex it and approve a plat, they want to own all of the infrastructure within the subdivision. Sewer. Water. Pressurize irrigation. All of those facilities. At this point they are still proposing to treat it with their Meridian City Council January 24, 2006 Page 40 of 55 • own treatment system. The issue I have with that is they would like us as developers to fund the treatment plant. My portion of the treatment plant would be about eight million dollars. The interest on eight million dollars in a year at current rates is about 800,000. They are willing to issue me over the next three years 100 permits a year. That only allows me to debt service half of that interest, let alone no principal. And so, you know, I have told them that that's not a reasonable proposal. They have got to let me develop at market rates, so that if the market will bear it I could develop 500 or 600 lots to repay that eight million dollars fairly quickly, so that we can get that debt off of our books. If we were to develop in the county and had control of our own, then, we could pay off that sewer treatment plant rapidly. Or if we developed in the county and could sell sewer to Meridian, that wouldn't be an issue, we would pay for those as we issue building permits, similar to what we do now. So, Kuna has two options. They can have their voters approve a bond issue that would build a sewer treatment plant, which they don't feel will be approved and/or they can go to an LID. The reason I would prefer to be in the City of Meridian is even with that LID, I'm not confident that a sewer treatment plant will get approved by DEQ in that area in less than five or six years, because there are no streams there that are live streams. So, it's not a normal discharge permit into a Boise River or a canal or a drain ditch that flows year around. It's a dry stream. Both Indian Creek dry up -- and Indian Creek also is complicated, because it is operated by Boise Project and, therefore, water dumped into there where they eventually get into Lake Lowell, so that I'm not really confident that if I had money right now we would have sewer there for six or seven years and I would really prefer to go this route. De Weerd: I guess for Councilman Borton, one of our goals -- and talking about sewer in this area -- and we were working towards a regional concept. We feel that set aside any areas of impact, this is a region -- and probably one entity could best serve it, in particular in that Mason Creek area. There is going to be future challenges for some of the county subs that will most likely need city services and so we wanted to look at it as a -- as a region and that is why we approached them. We knew their time frame, we knew they were almost out of sewer capacity, and they needed to do something. We wanted to make sure there was enough time for all the affected entities to look at it as a region. So, we even offered the lift station idea to come and get them out of the urgency of doing something hastily that might affect the long-term health of that region. We did go ahead and proceed to look at the Mason Creek drainage, that it would be an area we would serve, since we did have service needs even in our reference area that we would need to serve as well. So, there was a service need and a sewer need. So, we needed to look at what our -- our options were. I guess that's what's got us to this point. Still, I guess I didn't realize they were not looking at just that one option. As we left that room with Mayor Obray, that was what I walked away with, is we were looking at the Mason Creek area as an area that only one person served and that would be Meridian. Grady: Just along those same lines, Madam Mayor, is I did have a follow-up conversation with Keven Shreeve and he did inform me that a Mason Creek plant was still on the books and that's why we went over to their workshop to find out, first of all, if it truly did seem like it was still on the books and how exactly were they going to fund it. • Meridian City Council January 24, 2006 Page 41 of 55 Prior to that -- or during that workshop I did emphasize that this line that we have drawn is contingent on only one regional lift station plant in that area and Mayor Obray did confirm that -- and I think his exact words were that we did beat him to the punch. We have already applied for a discharge permit and he would probably end up backing off and going to Indian Creek with his plant. But, again, I didn't get a real good feeling that they were interested in taking advantage of our regional solution. De Weerd: Oh. Okay. Johnson: I believe with the Indian Creek proposal they would still put in lift stations that would, then, pump that sewage over to that treatment plant. De Weerd: Okay. Johnson: That's my understanding anyway. Approximately at Ten Mile and Lake Hazel. De Weerd: Okay. Council, any questions for Mr. Johnson? Bird: I have none, Madam Mayor. De Weerd: Okay. Anything further? Rountree: Thanks for the input and the kind words. De Weerd: Thank you. Any other comments? Lisa, any follow up? Bachman: Again, for the record, my name is Lisa Bachman. I guess -- I don't know if can really request this, but I am requesting that a decision not be made tonight on the southern line and that we coordinate some sort of workshop with the City of Kuna or some sort of meeting where it could all be discussed and agreed upon, so that we don't have a situation that Pete referenced to like an Eagle and Star. I'm just being kind of blunt about it. I think it would be beneficial to both cities to be in agreement and not have any -- basically, we want to be given a chance to discuss this and not have just -- a decision made tonight where there has just been these little -- these meetings that weren't really official, because this is outside of what was talked about in the meeting, is what I understand. So, I don't know if you were going to make a decision tonight or if you could possibly postpone and maybe schedule a workshop of some sort with the city of Kuna. De Weerd: Well, that would be at the direction of Council, but since you want to be a little blunt, I will be a little blunt, too. We have offered time and time again to meet with Kuna and we have had very little response. And so it has been a very frustrating exercise. I can tell you the information I get has been extremely moving target and we have been accused of stonewalling, we have reached out and have contacted -- I won't tell you what -- my staff has had nothing but integrity and has met with stonewalls from Meridian City Council January 24, 2006 Page 42 of 55 Kuna that have been very frustrating. So, I would like to say, you know, I appreciate what position you're in tonight as well and I don't think that in light of our public noticing we are going to make a decision. But Council needs to give our staff direction on their preferences and how they want us to move forward. That's not a line firmly drawn, but at least it gives us something to go back and talk with your city about and I think it's very fair to offer a joint meeting. We have been at the table numerous times for Kuna. Bachman: Right. And, you know, that was the whole point in me coming tonight, basically, was that they felt that they had discussed the blue line, but the yellow line they hadn't had a chance to discuss with anybody from the city. So, they just wanted me to see if we could talk about that again before you make a decision. That's all. De Weerd: Uh-huh. Kind of like it moved last time when we happened over there and they didn't tell us. So, we all need to get better at this communication thing. Bachman: I completely agree with you. De Weerd: Mr. Wardle. Wardle: Madam Mayor, just for clarification, talking about official meetings. This is the second of meetings that I know that the entire Council has been involved in. The first was our joint meeting which we noticed and met with DEQ and a number of Kuna representatives, including the mayor and council members. So, certainly, this -- in October and certainly this is a follow up to that meeting, just to clarify for the record. Bachman: Okay. Thank you. Canning: Madam Mayor, Members of the Council -- and not -- if I'm not mistaken -- and maybe Mr. Nary can help me out, but I don't think the line becomes, quote, unquote, official until you adopt a Comprehensive Plan amendment that sets it as the boundary. So, that is a ways down the road. De Weerd: And I think it is -- has been fairly stated that it still would go through a public process and that wouldn't necessarily mean that that wouldn't move either. I know it would be the preference of all staff to kind of have a line that they could take to the public and to discuss specifically and I know that's kind of what the county has indicated, too. It would be nice if the cities could come up with a line and I think for the public we would be doing them a good service to come up with a line. But it's -- I don't know if it's always that easy. But we will find out, because we have a reasonable Council. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council January 24, 2006 Page 43 of 55 Rountree: I agree with what Anna said. I think at this point to draw a line in the sand is premature. It is a public process that needs to be done. We have heard from Mr. Johnson that he didn't necessarily participate in drawing the blue line, yet he's on the side of the blue line that he -- if he had his druthers he would be on the other side of the blue line. So, it does take the communities getting together and listening to the public. Certainly there is going to be people that want to be in Meridian, there is going to be people that want to be in Kuna, and there is going to be people that don't want to be either/or. And I think we need to hear that and I would hope that we can come together as civilized communities and work through this process for the betterment of everybody that lives in this area. The reality is it is going to develop at some point in time. How best can we look at that and how best can we have that happen and occur at the most reasonable expenditure of public funds? That, in my mind, requires the public process and it requires a public process that does include all the entities, as well as all the citizenry. I think we do both the communities a disservice if we take out on our own and I think we need the county in there to participate as well, because they are going to be -- they balance this in the end anyway by statute. No matter how you want to slice it, they are going to make the final call. So, I don't think at this point that the dialogue ought to be about a line, we ought to have some general agreement that maybe there is a gray swatch through there right now, because I have heard that we had a blue line and, then, we have had some dialogue and now we have got a yellow line and it's a balancing process. Let's go through the public involvement process, let's go through the planning process, let's find where that line best ought to be. It might, more than likely, become a green line. De Weerd: What's a green line? Rountree: Blue and yellow make green. De Weerd: Yes. Thank you for that clarification. Rountree: Your physics lesson. De Weerd: Primary colors. Rountree: Yes. Grady: Madam Mayor, that exact concept was what I threw out to Keven Shreeve initially, was that we throw a gray area around that and get public input. Unfortunately, I believe Kuna has several annexation paths which they have been very aggressively pushing forward and, basically, I think until we find out -- until we can sort of -- I mean if we spend 12 months with a comp plan and they are annexing north with several different paths, that's -- we are going to be left behind. I think the whole process -- the whole reason we sort of pushed so hard was because of their aggressive push north. If we could put an end to that, I would fully agree that some sort of logical decision could be made. Meridian City Council January 24, 2006 Page 44 of 55 Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Just to follow up on staffs comments and one of the things that I have understood to be a policy of the City of Meridian, which I believe staff, in drawing a new yellow line, has put into place and that is, as I understand it, the City of Meridian -- its growth patterns has tried to submit to the requests of property owners which are affected and so when I -- it didn't surprise me when Len said property owners in a portion of the area wanted to go to Kuna and, then, another portion of people wanted to come to Meridian. The staff would just make that change, because I think it's been something the City of Meridian has done in the past when people ask to be annexed or to bring their properties into the city, it has become commonplace for us to do that. agree with Councilman Rountree that we certainly need much more public involvement, but in regard to staff drawing that yellow line, I think we just took it right out of a play book that we have been doing for years as a city, so certainly something to be considered. De Weerd: I guess I just offer one more thought and in the need for a line at some point and it's in planning our sewer. If Kuna doesn't need -- if they want to discharge into Indian Creek and they are going to pump something somewhere, we need to size our pipes accordingly to serve the land that is being desired to be brought into our city and we need to be planning for that, even as the county and the two cities move forward with the land use side of it, if the commitment is to serve a certain area, we have to start planning for that. Watson: I have been listening to this and Len and Anna have done a good job and I have really enjoyed the dialogue in getting some direction. It really helps to have this out in the open for us. Len and I have spent so many hours discussing this over the last several months that it's almost like, oh, man, let's take a day off of that subject. De Weerd: We did have a moratorium on that subject for a couple days. Watson: I did impose a moratorium for three days one time on Kuna issues and south area issues. The one thing that I just want to make sure everyone's aware of as far as public works and the sewer issues are concerned is we have multiple contracts out there right now. The term I used earlier today in our meeting was we are going to blow and go on this and what makes that difficult without a line is we don't know how big of a blow and go we need to have, because we can't get a commitment from the city to the south. All I'm saying is there may be a little bit of wasted effort here in the next few months, because we are going to plan big, with the understanding that eventually they will want to buy some capacity from us. The only other thing I want to point out and make it very clear that if we do have a joint meeting and we are asked questions during that joint meeting, those should be given to us in advance, because to date we have shown up at meetings and been asked questions cold, very technical questions that we can't answer. And I think that may be where that phrase stonewalling may have come Meridian City Council January 24, 2006 Page 45 of 55 from in past correspondence. I had ask repeatedly for written questions, detailed questions, so that I can put some thought to them and answer them. So, if we do schedule something, those need to be addressed to you, I think, and passed on down to staff. De Weerd: Brad, I think you need to give Council an idea of what kind of time frame you need to make the appropriate plans for sizing of pipe and, then, you just set a deadline to Kuna, because we need to move forward with our own planning and I think we have gone on long enough that we are at that point where we have to paint or get off the ladder. I just heard that last week. Watson: That's much better for a public hearing. De Weerd: I kind of like that one. Nary: That's not the way I heard it. Bird: That's not the way I used to say it. De Weerd: But I guess, you know -- and I think their council's also at that point where they have to make a decision for their citizens on how they are going to move forward. So, you need to look at it internally as far as when decisions need to be made and set a deadline, so that we can move forward with the planning that we have committed to -- to all these other properties in south Meridian, not just the properties that are not in agreement with right now, so -- and if Council feels comfortable with that, I guess, then, staff can come back with some time frames and give you a clear indication of what they will likely plan for based on what they hear back from Kuna. Watson: We can do that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with just what you said, let the staff do that, but I also think we need to make one more attempt to get with Kuna, like Councilman Wardle said, we met with them once down there and, then, it's kind of been stonewalled from then on. We was supposed to have another meeting and it's been -- it was canceled and canceled and canceled. So, like Councilman Rountree, I'm not ready to draw a permanent line. I think there is a lot of -- we need a lot of public input. I'm sure there is a lot of landowners that own a lot of land that would like to be flat truthful and blunt, they want to go to the place that's going to get sewer to them first. And, then, I'm sure there is some out there that could care less. So, I think we need a lot more input before we come up with a deal, but I believe we still need to drudge forward like public works has. Meridian City Council January 24, 2006 Page 46 of 55 De Weerd: Council, we have two new council members in Kuna and so if you would like us to try and set up a workshop and -- I know we have a workshop next month for our annual workshop. We have the county that we have committed to giving a tour of. We can maybe ask Kuna to come up before one of your Tuesday meetings and one of their off nights. What would be your preference? Certainly I think it needs to be in the next several weeks. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I'm wholeheartedly bringing it on one -- I don't know, do they meet twice a month? So, they have some free Tuesdays that they could come in early. I don't think you can delay this. I think we need to get it done. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: We can certainly expedite this, get it on a schedule, but I'm going to tell you right now that if we schedule a lunch meeting and it gets canceled the morning of, it's very difficult for our Council and the people in their professions and jobs just to cancel those meetings when we know that we would be here. So, I will work with the city clerk's office to schedule a meeting that the expectation will be full attendance and I know that we can make that happen. Bird: Good. De Weerd: Okay. Can we like shoot for -- do you meet on the first and third Tuesdays? Do you think we can schedule something for the 14th before our Council meeting? Bird: That's Valentine's Day and we will all be sweet, go along -- Nary: It's Anna's birthday. Rountree: She can bring the -- Bird: She's four days older than I am. Canning: I wanted to take the night off for my birthday, but no. De Weerd: It's a sweetheart of a deal, Anna. Bird: We will see that the clerk gets you some flowers for that -- for your birthday. Johnson: I will volunteer to pay for them. Meridian City Council January 24, 2006 Page 47 of 55 Bird: There we go. Did you hear that, Will? De Weerd: It has to be -- there is dollar -- Bird: I know you're only 29, but 29 red roses would be nice. Canning: That would be nice. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: In light of the comments of Mr. Johnson and Len and Anna, for a meeting like this is it necessary for the Council to have some preliminary position if -- not drawing a line in the sand today, but if the new position in preparation for this meeting would be the yellow dotted line as we go forward, so we are not going to meet and they think we are going to talk about the blue, we think we are talking about the yellow line, it seems to make sense to me that the yellow dotted line, for discussion purposes, would be a good place for Meridian to propose that boundary to be and for Kuna to be aware of that now and be prepared to show up at that meeting to discuss that boundary. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I'd have no problem with that and I'd also -- you know, we are -- we took -- our yellow took three miles and we are only giving back basically two. I would have no problem going up to Hubbard with our line. I don't know why we need to go down. It makes sense to me, because -- I mean we are only three-quarters of a mile from Kuna's City limits down there and it would be easy -- and I think, if I remember right, that -- from one of those road it sewers back to the west and the other one, then, does sewer into Mason Creek, am I not right, Brad? Okay. De Weerd: Again, it was -- the blue line was just to give more of a 50-50 and certainly we can move that yellow line up north to go straight across on Hubbard from Linder on over. Bird: That would be my preference at this point. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I was just going to -- Madam Mayor, Members of the Council, I was just going to follow up on Councilmember Borton's statement. I think just to clarify kind of where the Meridian City Council • January 24, 2006 Page 48 of 55 staff has been on this particular issue and what's really before you tonight, because the Mayor had mentioned -- noticed this as one of the discussion points as well -- I think the staff was simply seeking some direction on some consultants and the joint effort versus doing it simply for Meridian -- Meridian's use only and, then, coordinating that effort both with the county and Kuna. I think the person from Kuna indicated that there may be an interest to Kuna on whether a joint effort is in their interest, depending on the line. I don't know if that's the same as this Council's position or not. You don't have to make that decision today. I think as Councilmember Borton and all of you have stated in various ways, you don't have to decide today where the lines belong; you certainly want to hear the public's testimony, as you stated. I think all the staffs wanting is some direction towards setting a joint meeting trying to proceed with a joint effort, unless that is not practical or that isn't desired by the other city, if that is dependent to them on where the line is to be drawn up front and Council's decision is that lines are really dependent upon the public testimony and input and sewer -ability and some other issues that have to be part of this study and southern boundary area evaluation by some other parties, then, you can certainly proceed that way. I think that's all you're really being asked to do tonight. So, I don't know that maybe the folks from Kuna understood that all you were really looking at was some direction on some studies and that these were proposed and these are simply just, again, not lines in the sand, but simply some talking points to have. But if it's not in their interest to want to make a joint effort just because the lines aren't drawn up front, then, I guess this Council would have to decide whether, then, we proceed in another fashion and still go through the public process and the other things you have already discussed. So, I just wanted to follow up just to clarify I think that's where we started was trying to make sure that we stayed on that track and I think because we have had a lot more information, that we may have kind of digressed from that a little. De Weerd: Well, I think, too, Councilman Bird was trying to be sensitive to maybe what the perspective was on Kuna's council side, so -- Borton: Madam Mayor? Grady: Madam Mayor? De Weerd: Mr. Borton. If you will wait for just a minute. If you will wait for just a minute. Mr. Borton. Borton: No. My only remark was if you're moving the yellow line or discussing moving the yellow line up to Hubbard as an option, that you have that discussion and just make sure that Kuna doesn't hear about it. It seems like a little bit of horse trading there, so thought that was an interesting remark to throw out. That's all. De Weerd: Okay. Len. Grady: Both Anna and I would appreciate at least some sort of indication, so that -- we realize that the line is -- it's going to be moved, it's -- you know, there will be some input Meridian City Council • • January 24, 2006 Page 49 of 55 and it may adjust, but we would at least appreciate some guidance on what the indications are, whether it's the yellow or the blue or something in between. De Weerd: Okay. Okay. Perspective on something. Johnson: I would just like to comment that -- Nary: State your name again, Greg. Johnson: Greg Johnson. At this same meeting it would be very helpful for the landowners in this area to also not only resolve where the gray line is or the green line -- I like green. Green usually indicates go. So, green is a very good -- De Weerd: Oh, my gosh. Johnson: -- color to use. Can we also get determined, though, who is serving this drainage for sewer? That both cities agree who is serving this drainage for sewer, because that's more critical to me than who I'm annexing to or -- De Weerd: And let me help you for -- Johnson: Okay. De Weerd: The Council gave direction to staff to plan a sewer system to drain into Mason Creek. That is what our staff is doing and that is what our intent is. Johnson: That's fine, as long as both cities agree. But if I annex into Kuna and they tell me I can't do that, that's a problem. Then, I get caught between the two cities. De Weerd: Well, I guess if Kuna doesn't want -- Johnson: But why couldn't we work that out? De Weerd: -- to work with Meridian for a more of a regional sewer system to where we serve an area and they serve an area within their city and buy sewer from us, then, we sewer the area if they don't want that kind of an agreement. Johnson: But I think we could at this same meeting, as long as we are all here together, we could work out that line for annexation and impact areas and also come to a final agreement, so that you're not oversizing things. De Weerd: That would be the -- that would be the hope. And the expectation, I think, then, after staff is -- we have to draw a permanent line for our sewer at some point and we would hope it would be after that meeting and that's what we asked Brad to put together is what time frame does he need that information by, so we can move forward with sizing our pipes and planning our system. Meridian City Council • January 24, 2006 Page 50 of 55 Johnson: Thank you. De Weerd: Okay. Are we all on the same page? Canning: Madam Mayor, Members of Council, should I then -- I just need a little more direction on if I should wait or go forward with a joint or go forward with a Meridian effort or just wait for two weeks. De Weerd: I think you need to move forward. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: My preference, Anna, would be to move forward with joint effort -- Canning: Okay. Wardle: -- as opposed to Meridian going it alone. Canning: I will try to have a scope of work figured out -- that's going to be tricky -- to be able to hand out. I don't know if I will be able to get it in advance of that meeting for you to study it, but I will try and have one available for that meeting. De Weerd: And, Lisa, you will bring back to your mayor the request for February 14th joint meeting at 5:00 o'clock here at City Hall? Bachman: Yes, I will. De Weerd: Okay. And I will send him a letter inviting him and we will feed them as well. I always heard fed them and they will come, but -- and -- Johnson: Am I invited? De Weerd: Not for dinner. Nary: Madam Mayor? De Weerd: Yes. Nary: If it's a workshop type of discussion, do you want -- sometimes the forum here is a little harder to have that. Do you want to have it at the police department? De Weerd: We will have it at the police department if the chief could check the availability. Meridian City Council January 24, 2006 Page 51 of 55 Nary: And waive the fee. De Weerd: And waive the fee. And, certainly, the public -- I mean any joint meeting -- we post all of our meetings. They are all public. So, you're certainly invited. Yes, Lisa, you will have to come up to the mike. Bachman: For the record, again, my name is Lisa Bachman. I would want to check their schedules, of course, before we set this date in stone, just to make sure. De Weerd: Okay. Bachman: So, if a different date may need to be discussed, would that be all right? De Weerd: Well -- Bachman: Give me a choice or -- De Weerd: We don't have anything available before then is the thing. Before our regular meeting. But you could get back with the clerk. Bachman: Okay. We'll contact the clerk. Wardle: Madam Mayor? De Weerd: Thank you. Yes. Wardle: The clerk and I can certainly work that out. We have got an audit which will be coming forward in a presentation and some other things, but we will get them worked out. Bird: That was supposed to come forward tonight. De Weerd: It's coming forward next week is what -- Bird: The audit is coming forward on a workshop? I don't think so. That's a public -- De Weerd: Okay. Well, workshops are regular agenda, so we can work together on that. Okay. If there is no -- Council, tomorrow night is the Meth in Meridian presentation and I would love it if we had a good showing of our elected officials at that public presentation and so that is tomorrow. Doors open at 6:30. Presentation starts at 7:00 and I would love to have you join us at the middle school. Bird: And, Madam Mayor, can I add to that? Meridian City Council • O January 24, 2006 Page 52 of 55 De Weerd: Yes, Mr. Bird. Bird: Tell all your friends, especially the ones that's got kids ten years old -- and older to come and bring their children with them. It's something that everybody -- we don't need to have bunch of old grandparents out there. We need parents and children and we need everybody there. This is an opportunity that the Mayor and her Council put together that we need to have a very very strong turnout. De Weerd: I agree. And, unfortunately, people judge the severity of a problem based on attendance and if it's not well attended people will walk away wondering if there really is a problem and there really is a problem, so -- Rountree: Has this been highlighted and advertised in the schools? De Weerd: It has. It's on every door we could put it on and they should have come home with fliers yesterday and I know my junior high student did -- or my middle schooler did. Rountree: Well, I don't have a student anymore, so that's why I asked. De Weerd: It's has been in the media -- Bird: We have printed out invitations back there, Charlie, that -- Rountree: I got my invitation, but I just -- Bird: We need to fill that auditorium with parents and young people. They need to hear this message. De Weerd: Yes, they do. So, thank you. Is there any other business in front of Council tonight? Item 14: Tabled from January 17, 2006: Ordinance No. : AZ 05-017 Request for Annexation and Zoning of 137.96 acres from RUT to R-8 zone for Messina Meadows Subdivision by Tuscany Development, Inc. — on South Eagle Road between East Victory Road and East Amity Road: Canning: Madam Mayor, Members of the Council, the applicants on Item No. 14 that was requested for continuance is asking that Council reconsider that decision. His engineer made that decision for him and he's asking that it be reconsidered. Bird: Do you want to do it tonight? Canning: The issue was the development agreement was missing a formal commitment on the part of the developer to construct a small portion of off-site roadway. Meridian City Council • • January 24, 2006 Page 53 of 55 They have committed through their construction plans to bringing sewer and water through that portion of roadway and they fully intended to build that portion of roadway off site, it's just not in the development agreement. He's indicated that the two week delay or three week delay is -- I think he said killing him, but it's -- so, it can't happen unless that gets done. He suggested that perhaps we make it approved contingent on him getting the development agreement -- or maybe the city attorney can help me out on this, but -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: One of them is an ordinance. We can't pass an ordinance on a contingency, can we? But we -- I mean the ordinance -- I mean the other -- there is no reason to pass it if we can't pass the ordinance. And we can't pass that on contingency. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council, it's been a standard practice of Meridian for quite awhile to not pass those annexation ordinances until the development agreements are completed. There is an issue here that, again, probably this is not going to be a problem, but we have seen many times that what seemed like not a problem became a problem later because of some other circumstance that we had no idea. This agreement -- this development agreement was sent to developers in September. So, it's not like this is something that the city has sat on for four months, the developer has sat on this for four months for other reasons and that's fine, but this is an issue that did come up regarding this and this is something that they have agreed to make sure to include. If you want to pass your ordinance you can and you can do the development agreement later. It is the only mechanism, really, in which to enforce these types of conditions. I will have the development agreement amended and prepared by next week. If you want to add that as part of your workshop, you can. Your workshop is no different than any other meeting. So, you could have a consent agenda, you can take items up and, then, you can have a workshop. So, you can do it if you want to do it, you don't have to. But that's your option. But I just would be hesitant setting that practice of passing your annexation ordinance prior to having completed development agreements, because it is your only tool, sometimes, to enforce that later and if something were to occur that would be -- we would be the ones kicking ourselves. De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council • January 24, 2006 Page 54 of 55 Rountree: My preference -- I agree with what Bill said, because we oftentimes put ourselves in a corner. I see no reason why we couldn't take this up for a few minutes on a workshop and get it done, assuming we can get the development agreement modified. De Weerd: Okay. Rountree: So, do we need a new motion to change the date certain? Berg: Yes. De Weerd: Okay. So, that was -- Rountree: Do we have to have a motion to bring it off the table -- Nary: Madam Mayor, Members of the Council, Councilmember Rountree, technically, what you should do is move to reconsider your prior action on 5-A and Item 14. If that is affirmative, then, you can, then -- to reconsider that, then, you can move to set it over to one week. Rountree: Madam Mayor, I move that we reconsider our previous action on this evening's agenda 5-A and 14. Borton: Second. De Weerd: Okay. Motion to reconsider 5-A and 14. All in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, move that we -- did we table them before? Bird: Yeah, we did. Rountree: -- Table Items 5-A and Item 14 until our next regularly schedule meeting, which will be -- De Weerd: 31. Our special meeting. Rountree: -- January 31, our special meeting workshop at 6:00 o'clock. Bird: Second. De Weerd: Okay. Motion is to table Items 5-A and 14 to January 31, 2006. All those in favor say aye. Okay. All ayes. Motion carries. Meridian City Council • January 24, 2006 Page 55 of 55 MOTION CARRIED: ALL AYES. De Weerd: I will entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: Okay. All those in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:44 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ��`` MAYOR TAM E WEERD ,� :�� :.�:� �a DATE APPROVED m TE ` ILIIAM G. BERG JR., CI CLERK '7Q '//0����119111 1111{11\11'`x\ January 20, 2006 AZ 05-017 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT Tuscany Development, Inc. ITEM NO. 5-A REQUEST Tabled Development Agreement from January 17, 2006 — Request for Annexation and Zoning of 137.96 acres from RUT to R-8 zone for Messina Meadows Subdivision — South Eagle Road between East Victory Road and East Amity Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Previous Item Packet / Minutes Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. January 20,2W6 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT ITEM NO. S -B REQUEST Approve Minutes of January 10, 2006 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc meetings shill become property of the City of Meridian. 0 0 January 20, 2006 VAR 05-025 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT Packard Estates Development, LLC ITEM NO. 5-C REQUEST Findings for Approval —Request for a Variance to UDC 11-3E.4.C.1 to exceed maximum structure size for a temporary sales trailer in the R-4 zone for Redfeather Estates No. 2 -- 4132 East Race Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN 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 Rndings for Approval Contacted: .Q.,. Date:1 23 My Phone: 3a3.41a5 Emailed: St Ini Is: Matertah?presbked A public nes shall become property of the City of Meridian. t� 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER JAN 19 2006 City. Of eridian C*' Office fTry TIF 4 IDAHO 4 r� Request for a Variance from Section 11 -3E -4C1 (temporary structure size) of the Unified Development Code, to allow a 672 square -foot temporary sales trailer, within Redfeather Estates Subdivision No. 2, by Packard Estates Development, LLC. Case No: VAR -05-025 For the City Council Hearing Date of: January 10, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of 1/10/06 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of 1/10/06 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of 1/10/06 incorporated by reference) 4. Unified Development Code Required Variance Findings (see attached Staff Report for the hearing date of 1/10/06 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -05-025 - PAGE 1 of 3 �J I-] 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 applies to Lot 2, Block 13, Redfeather Estates Subdivision No. 2. 8. That this variance approval expires on April 30a', 2006. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance application is hereby approved for the reasons cited in the Staff Report for the hearing date of 1/10/06; and, 2. This variance approval expires on April 30th, 2006. D. Attached: Staff Report for the hearing date of 1/10/06. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -05-025 - PAGE 2 of 3 C� By action of the City Council at its regular meeting held on the 2006. VOTED_#�A— COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) 0 Z ,P!!� day of VOTED VOTED G VOTED VOTED Mayor Tv,*a witerg®�®o Attest: William G. Berg, Jr., City ClCrk Copy served upon Applicant, The Planning Dep a�� IU IL'aVVorks Department and City Attorney. By,-_" Dated: i-a5-OLp City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -05-025 - PAGE 3 of 3 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 STAFF REPORT City Council e ITV sem # Hearing Date: 1/10/2006 � 1t3,'s914? TO: Mayor and City Councils. , FROM: Craig Hood, Current Planning Manager SUBJECT: Redfeather Estates Sales Trailer Variance File No. VAR -05-025 Variance request to UDC 11 -3E -4C1 to allow a temporary sales trailer that exceeds the maximum square footage allowance, by Packard Estates Development, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11 -3E -4C1 of the Unified Development Code (UDC) that restricts temporary structures to a maximum of five hundred (500) square feet. The Variance application, submitted concurrently with a temporary Certificate of Zoning Compliance (CZC) application to operate a temporary sales trailer on Lot 2, Block 13, Redfeather Estates Subdivision No. 2, includes a proposal for a six hundred and seventy two (672) square foot sales trailer. The City Council has final decision authority on the Variance application while the Planning Director has final decision authority on the CZC application. Staff can not issue a CZC permit for the temporary sales trailer until the Council acts on the subject Variance application. The applicant's justification for the requested variance is listed in Section 4.h of this Staff Report. 2. HEARING FACTS The Meridian City Council heard the item on January 10, 2006. At the public hearing they moved to approve the variance request. a. Summary of Public Hearing: i. In favor: Joe Attalla, Applicant's Representative ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Anna Canning v. Other staff commenting on application: Bill Nary b. Key Issues of Discussion by Council: i. Time limit for temporary sales trailer; ii. Amending the UDC (Section 11 -3E -6C) to allow larger temporary structures for subdivision sales offices; c. Key Council Changes to Staff Recommendation: i. The Council voted to recommend approval of the requested variance. 3. PROPOSED MOTION (to be considered after the public hearing) Denial I move to deny File Number VAR -05-025, as presented in the staff report for the hearing date of January 10, 2006 and direct Legal Staff to prepare the appropriate findings document for denial. Approval I move to approve File Number VAR -05-025, as presented in staff report for the hearing date of January 10, 2006 and direct Planning Staff to prepare findings for approval based on Redfeather Estates Trailer Variance VAR -05-0025 Page 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 tonight's hearing, with the specific following changes: (State how the variance meets the findings in Section 9.1 of the Staff Report.) Continuance I move to continue File Number VAR -05-025, 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: 413 E. Race Street (Lot 2, Block 13, Redfeather Estates Subdivision No. 2); generally south of Ustick Road and east of Eagle Road. Township 3N, Range 1 E, Section 4 b. Owner: Packard Estates Development, LLC. 6223 N Discovery Way, Ste. 120 Boise, ID 83713 c. Applicant: Packard Estates Development, LLC. 6223 N Discovery Way, Ste. 120 Boise, ID 83713 d. Representative: Joe Attalla, Packard Estates Development, LLC & Kegan Garcia, Park Pointe Management e. Present Zoning: Medium Low -Density Residential (R-4), Meridian f. Present Comprehensive Plan Designation: Medium Density Residential — 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: The applicant is requesting a variance from Section 11- 3E -4C1 of the Unified Development Code (UDC) that restricts temporary structures to a maximum of five hundred (500) square feet. The Variance application, submitted concurrently with a temporary Certificate of Zoning Compliance (CZC) application to operate a temporary sales trailer on Lot 2, Block 13, Redfeather Estates Subdivision No. 2, includes a proposal for a six hundred and seventy two (672) square foot sales trailer. h. Applicant's Statement/Justification: Our request for approval of the 672 square foot trailer is to accommodate our sales staff and aide them in accommodating the public in their pursuit for housing. Said trailer will be equipped with computers, office equipment and visual aides to assist in the selling process (please see the applicant's submittal letter for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11- 5A-1), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: December 19th, 2005 and January 2nd, 2006 c. Radius notices mailed to properties within 300 feet on: December 16`, 2005 d. Applicant posted notice on site by: December 31 ", 2005 6. LAND USE Redfeather Estates Trailer Variance VAR -05-0025 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAA• DATE OF JANUARY 10, 2006 a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: Primarily, single-family residences in Ada County, Boise City and Meridian. There is a church, a funeral home, and an elementary school also within the general vicinity. c. Adjacent Land Use and Zoning: 1. North: Single-family lots, zoned R-4 2. West: Single-family lots, zoned R-4 3. South: Single-family lots, zoned R-4 4. East: Single-family lots, zoned R-4 d. History of Previous Actions: In early 2004, the City Council approved annexation and zoning (AZ -03-021), preliminary plat (PP -03-024) and conditional use permit (CUP -03-041) applications for Redfeather Estates Subdivision No. 2. In November of 2004, the City Council approved the final plat for Redfeather Estates Subdivision No. 2, which included 92 single-family lots on 30 acres. e. Existing Constraints and Opportunities 1. Public Works Issues or concerns: None 2. Vegetation: None 3. Flood plain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: None Identified 6. Size of Property: 0.166 acres 7. Description of Use: Operation of a temporary sales trailer within a residential subdivision. f. Subdivision Plat Information — N/A g. Landscaping — N/A h. Planned Development Characteristics — N/A i. Amenities — N/A j. Off -Street Parking — Per UDC 11 -3E -4.E, adequate off-street parking for the use must be provided. k. Proposed and Required Residential Standards — N/A 1. Proposed and Required Non -Residential Standards — See Section 9.2 below. m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing parking for the sales trailer use off-site, on Lot 14, Block 14, directly across Race Street. No curb cut is necessary as there are rolled curbs on Race Street. 7. AGENCY COMMENTS MEETING On December 30th, 2005 staff held an agency comments meeting. However, no comments were provided for the Variance application. Please see the public record for the Variance file for any written comments that may have been submitted by other agencies. Redfeather Estates Trailer Variance VAR -05-0025 Page 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Medium Density Residential' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined as areas containing between 3 and 8 dwelling units per acre. The Comprehensive Plan is silent on variance requests in residential zones. However, temporary uses are allowed in the R4 zone, as accessory uses (UDC 11-2A-2 Table 11-2A-2)(please see Section 9 below for detailed analysis.) 9. UNIFIED DEVELOPMENT CODE REQUIRED VARIANCE FINDINGS The Council finds that the following UDC sections are pertinent to the Variance application: 9.1 The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11 -5B -4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Temporary uses are allowed as accessory uses in the R-4 zone. The size of a temporary structure is restricted to a maximum of 500 square feet. However, the Council finds that if the City Council grants the requested variance, for a 672 square -foot temporary structure, a special privilege will not be granted to the subject applicant because the Council intends to amend the UDC to allow sales offices in subdivisions to exceed the current 500 foot maximum size. B. The variance relieves an undue hardship because of characteristics of the site; The Council finds there are no physical characteristics of the site which require the applicant to operate within a larger -than -allowed temporary structure on this site. The Council further finds that there are no major canals or ditches running through this lot, and there are no topographical features or other physical characteristics which would prevent full compliance with the standard temporary structure size. However, by amending the UDC to allow subdivision sales offices to exceed the 500 square feet maximum placed on other temporary structures, a variance would not be required in this instance. C. The variance shall not be detrimental to the public health, safety, and welfare. The Council finds that allowing a 672 square -foot temporary structure on this site will not be detrimental to the public health, safety, and/or welfare. 10. TEMPORARY USES Below are some of the provisions for a temporary use, as stated in UDC 11-3E that the applicant should be required to comply with as part of the issuance of a CZC for a temporary sales trailer: • Except as otherwise defined in this Section, a temporary use is allowed for a specific period not exceeding twelve (12) months from issuance of Certificate of Zoning Compliance (UDC 11-3E4A1.) • Structures and/or the display of merchandise shall comply with the setback requirements of the district within which it is located (UDC 11 -3E -4B 1) • A maximum of one (1) structure shall be allowed and may cover a maximum of five hundred (500) square feet (UDC 11 -3E -4C1) — VAR -05-025. • The use shall not result in the construction of any permanent structures that would not otherwise be permitted subject to the regulations of this Title (UDC 11 -3E -4C2) • Any temporary structures shall be portable and completely removed at the end of the allowed time period (UDC 11 -3E -4C3) Redfeather Estates Trailer Variance VAR -05-0025 Page 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 • The applicant shall obtain any necessary building permits (UDC 11 -3E -4C4) • Adequate off-street parking shall be provided to serve the use (UDC 11 -3E -4E1) • All surfaces used for parking shall be constructed with paving, vegetative cover, or of a dustless material (UDC 11 -3E -4E4) • All signs erected in association with the use shall be in compliance with the regulations for signs, Chapter 3 Article D SIGN REQUIREMENTS of the Meridian City Municipal Code (UDC 11 -3E -4F) • The site shall be returned to a clean condition after the termination of the use, including free of debris and garbage (UDC 11-3E-41-11) • The sales office shall be located on a lot within a subdivision or planned unit development (UDC 11 -3E -6A) • The principal use of the sales office shall be the sale of lots and/or dwellings within the development (UDC 11 -3E -6B) • The sales office shall meet the construction standards for commercial occupancy and obtain all necessary permits as required by the Building Code in accord with Title 10 of the Meridian City Municipal Code (UDC 11 -3E -6C) • When required, the applicant or owner shall obtain a building permit to convert the sales office to a dwelling or shall remove the sales office within 30 days of the sale or rent of the final lot or space (UDC 11 -3E -6D) 11. RECOMMENDATION The applicant's request to grant the variance was summarized in Section 4.h of this report. Please see the application for more details. Based on the UDC policies for temporary uses and the required findings for a variance staff found a lack of evidence and grounds to grant a variance to UDC 11 -3E -4C1 Therefore, staff recommended denial of the subiect Variance application. At the January 10 2006 meeting however, the Council directed staff to prepare findings for approval of the subject variance request (see Section 9.1 above), Redfeather Estates Trailer Variance VAR -05-0025 Page 5 1J January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 • AZ 05-046 APPLICANT Gemstar Development, LLC ITEM NO. S -D REQUEST Findings for Approval — Request for Annexation and Zoning of 31.72 acres from RUT to R-4 zone for Estancia Subdivision — 1990 East Amity Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT. SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Findings for Approval -,-� X11" OTHER: Contacted:Date: Phone: Emailed:Ulf StAff Ini c& T; Materials presented at puNc meetings shall become property of the City of Meridian. '�� 0 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • AN 2 0 2006 _ Men an erk Office liy,'HO r h fi F'i In the Matter of Annexation and Zoning of 31.72 acres to R-8 (Medium Density Residential) and Preliminary Plat Approval for 103 single family lots including, and 7 common/other lots, for Estancia Subdivision, by Dyver Development, LLC. Case No(s). AZ -05-046, PP -05-049 For the City Council Hearing Date of January 24, 2006 A. Findings of Fact: 1. Hearing Facts (see attached Staff Report for the hearing date of January 24, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 24, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 24, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 24, 2006 incorporated by reference) B. Conclusions of Law: 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ -05-046 & PP -05-049 PAGE I of 4 0 4. Due consideration has been given to the comment(s) received from the govenunental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 10, 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 August 24, 2005 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 24, 2006 incorporated by reference. D. Notice of Applicable Time Limits: Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ -05-046 & PP -05-049 PAGE 2 of 4 0 • 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 January 24, 2006 By action of the City Council of the City of Meridian at its regular meeting held on the 2411, day of LtiL , 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER: MAYOR TAMMY de WEERD VOTED VOTED VOTED VOTED_ VOTED Attest: de Weerd William G. Berg, Jr., Ci ler CITY OF MERIDIAN FINDINGS OF FACT, CONC���OI 4 LAW AND DECISION & ORDER CASE NO. AZ -05-046 & PP -05-049 PAGE 3 of 4 Copy served upon: v,**"" Applicant B City Clerk V,*, Planning Department ✓ Public Works Department Legal Department Dated: -0 A CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ -05-046 & PP -05-049 PAGE 4 of 4 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 STAFF REPORT Meridian City Council Hearing Date: January 24, 2006 TO Meridian City Council FROM: Meridian Planning Commission SUBJECT Estancia Subdivision AZ -05-046 Annexation of 31.72 acres from RUT and R1 to R4 PP -05-049 103 Single-family residential lots and 7 other lots 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting annexation and zoning of 31.72 acres of land that is currently zoned RUT and RI in Ada County. The applicant is seeking an R-4 zone (Medium Low Density Residential District) for the entire site. The applicant has submitted a preliminary plat for the subject property requesting 103 single-family residential lots and 7 common/other lots on 38.5 acres. 2. SUMMARY RECOMMENDATION: Meridian Planning and Zoning Commission heard the item on December 15, 2005. At the public hearing they moved unanimously to recommend approval. a. Summary of Public Hearing: i. In favor: Shawn Nickel, SLN Planning ii. In opposition: None. iii. Commenting: None iv. Staff presenting application: Joe Guenther, Associate City Planner v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. – High groundwater ii. – Cooperation with the Bellingham park Subdivision Home Owners Association and availability of pool and clubhouse located in Bellingham park Subdivision. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. —ACRD revised the conditions of approval on January 10, 2005 to address the changes in stub streets. These conditions are contained in the staff report dated January 24, 2006. 3. PROPOSED MOTION (to be considered after the public hearing) Approval (All applications) I move to approve File Numbers AZ-05-046/PP-05-049 as presented in staff report for the hearing date of January 24, 2006 and the preliminary plat dated August 24, 2005 with the following modifications to the conditions of approval: (add any proposed modifications) Denial (All applications) 1 move to deny File Numbers AZ-05-046/PP-05-049 as presented in the staff report dated January 24, 2006 and the preliminary plat dated August 24, 2005 for the following reasons: Estancia Subdivision AZ-05-046/PP-05-049 PAGE 1 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Continue (All applications) I move to continue the public hearing for items number AZ-05-046/PP-05-049 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: NE corner of Amity Road and Locust Grove Road 3NIE29 b. Owner Dvyer Development, LLC 36 E. Pine Street Meridian, Idaho 83642 c. Applicant: Shawn Nickel Land Consultants Inc. 52 N. 2nd street Eagle, Idaho, 83616 d. Representative: Shawn Nickel, Land Consultants, Inc e. Present Zoning: COUNTY- RUT/R1 f. Present Comprehensive Plan Designation: Low Density Residential — 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit Al): August 24, 2005 2. Date of landscape plan (attached as Exhibit A2): September 15, 2005 h. Applicant's Statement/Justification: The proposed overall density (3.25 dwellings per acre) of the project complies with the City's designation of Medium Low Density Residential R4 which allows for residential densities up to 4 dwellings per acre. The applicant has requested a `step up' from the comprehensive plan which is similar to other medium low density residential projects in the near vicinity. We believe the use of the project will provide a development which will complement the surrounding land uses and will be a continuation of the Bellingham project north of the site and the Messina/Tuscany project east and north of the site. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: Planning Commission: October 17th 2005, October 31't 2005, and December 12, 2005 City Council: December 19d'2005 and of January 2nd 2006 d. Radius notices mailed to properties within 300 feet on: Planning Commission: October 7th 2005 Estancia Subdivision AZ-05-046/PP-05-049 PAGE 2 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 City Council: December 16t1i 2005 e. Applicant posted notice on site by: October 24th, 2005 and December 5, 2005 and January 3, 2006 6. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: Agricultural/Urbanizing c. Adjacent Land Use and Zoning 1. North: Bellingham Park Subdivision R-8/PD 2. East: Agricultural/Residential - Meridian City R-8 (Messina Meadows Subdivision) and Ada County RUT 3. South: Agricultural Ada County RUT to RR 4. West: Agricultural Ada County RUT and RI — Ada County Sub d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Bellingham Park Subdivision. Location of water: Extension of mains in Bellingham park Subdivision and Locust Grove Road Issues or concerns: Road stub to the East should be located at Melwood Street and not Barkwall Street. 2. Vegetation: Agricultural/Irrigated 3. Flood plain: NA 4. Canals/Ditches Irrigation: Local laterals 5. Hazards: None Identified 6. Proposed Zoning: R4 7. Size of Property: 31.72 acres 8. Description of Use: Residential, 103 Single Family detached f. Subdivision Plat Information 1. Residential Lots: 103 2. Non-residential Lots: 0 3. Total Building Lots: 103 4. Common Lots: 7 5. Other Lots: 0 6. Total Lots: 110 7. Open Lots: Lot 8 Block 4 8. Gross Density: 3.25 units per acre Estancia Subdivision AZ-05-046/PP-05-049 PAGE 3 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 g. Landscaping 1. Width of street buffer(s): 25 feet for Amity Road 30 feet (25 required) on Locust Grove Road. 2. Width of buffer(s) between land uses: none required (all residential) 3. Percentage of site as open space (PP application): 4.31 acres or 13.6% open space 4. Other landscaping standards: Retain existing healthy vegetation. h. Amenities The applicant is proposing amenities in open space and a park with playground equipment, parkway streets. These homes will also be using the clubhouse in Bellingham Park as a group meeting, gathering hall, and pool house. i. Proposed and Required Residential Standards R-4 (Standards) Setbacks(*all streets local) Proposed Required Front Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 20 20 Side 5 5 Rear 15 15 Frontage 70 60 Lot Size 8,000 8,000 j. Proposed and Required Non -Residential Non-residential lots are to be used for amenities and open space only. k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to Amity and Locust Grove Roads is to be prohibited. Access to Bellingham Park subdivision is as proposed with a connection at Mitman Avenue and Glenmere Avenue. One stub street is being proposed for the property to the east listed as Barkwall Street, staff has requested ACHD to amend this street stub and provide the stub connection at Melwood Street. For a detailed report on the public streets and access points to public streets, please the attached staff report from the Ada County Highway District (Exhibit C). 7. AGENCY COMMENTS MEETING On October 14"' 2005 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. Estancia Subdivision AZ-05-046/PP-05-049 PAGE 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 S. COMPREHENSIVE PLATA POLICIES AND GOALS The subject site is designated `Low Density Residential' on the Meridian Comprehensive Plan Future Land Use Map and the applicant has requested a step up in density. In Chapter VII of the Comprehensive Plan, medium density is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Although the proposed density (3.25 d.u./acre) is above the minimum target density of 3 d.u./acre for Low Density Residential, staff fmds that the Proposal conforms to this stated purpose and intent. Similar subdivisions in the near vicinity have provided larger lots in the "Low Density Residential" areas which approximate three dwelling units to the acre. In the applicant's submittal letter, dated September 15, 2005 several Comprehensive Plan policies are listed (please see applicant's letter) and a step up in density is requested in compliance with the existing comprehensive designation. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is 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 properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The western roadway adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACBD). 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 and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) In accordance with this Goal and Action Item, the applicants design only allows collector road access to Amity Road and Locust Grove Road. These collector roads are designed with landscape lots and oriented as to only allow vehicular traffic flow at the road system. No lots within Estancia Subdivision are provided lot access to a collector or arterial street. Estancia Subdivision AZ-05-046/PP-05-049 PAGE 5 • 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 ® "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, benns, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 30 foot wide landscape buffer with a perimeterfence and dense vegetation along Locust Grove Road. The applicant is also proposing to construct a 25 foot wide landscape buffer along Amity Road. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. See Site Specific Condition in the Preliminary Plat section below in Exhibit C. ® "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal H, Objective A, #3) 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. The additional rights of way for Locust Grove Road and Amity Road will be large enough to accommodate future pedestrian and bicycle lane as well as interconnection of sidewalks along arterial roads. ® Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium or low density residential uses on the Comprehensive Plan Future Land Use Map. 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 Meridian Future Land Use Map which identifies this area as an appropriate area for residential development. This proposal meets the Comprehensive Plan definition of low density with a `step up' to medium density, with a gross density of 3.25 dwelling units per acre. Staff has reviewed Estancia Subdivision under the Medium Density Residential designation which allows residential densitiesfrom 3 to 8 dwelling units to the acre. Staffsupports the "step up "from low density residential to medium density residential. Staff does not anticipate the housing types for Estancia Subdivision to be very diverse, however adjacent project by Dyver Development have many mixes of uses including attached products with alley loaded homes. These projects as a neighborhood meet the variety of residential categories. "On -street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI -5) Figure VI -5 on page 57 of the Comprehensive Plan designates a bikeway on all collector roads and arterials. The proposal will provide a collector road connection from the site to Locust Grove Road and Amity Road which will provide interconnection to future collector streets. Interconnectivity between subdivisions will also provide for a multiuse pathway Estancia Subdivision AZ-05-046/PP-05-049 PAGE 6 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 connection through Messina Meadows Subdivision and Bellingham Park Subdivision for pathway access to the Ridenbaugh Canal and Ten Mile Creek pathway systems. Stafffrnds that the proposed zoning and subsequent uses (single famil homes will be harmonious with and in accordance with the Comprehensive Plan 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-4 zoning district. b. Purpose Statement of Zone: R-4 Medium Low -Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS 10a. Analysis of Facts Leading to Staff Recommendation I. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed Single Family Residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (stamped on September 14, 2005 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 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. 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 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. 1.5 UDC 11 -SB -3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the homogenous nature of only residential uses, and the compliance with Meridian City Unified Development Code staff believes that a Development Agreement is not necessary to ensure that this proms is Estancia Subdivision AZ-05-046/PP-05-049 PAGE 7 • 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 developed in a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearby properties. If the Commission or Council feels a development agreement is necessary staff recommends a clear outline of the commitments of the developer being required. 2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: Connectivity (Bellingham Park Subdivision): Two stub streets from Bellingham Park Subdivision shall connect from Mitman Avenue and again from Glenmere Avenue. No direct access is allowed to Locust Grove Road or Amity Road is approved outside of the points of connection permitted by ACHD. (East Property Boundary, Ada County RUT) A ten acre property lies directly east of the site, and it is anticipated that the site will develop as low density residential uses. The stub street connection to the east of the site has been shown at Barkwood Street. The block length from the most northern point on Glenmere Avenue to Barkwood Street exceeds the 750' maximum block length. By providing a stub connection at Melwood Street staff feels the interconnectivity will be increased as well as the block length will be reduced within limits. 2.2. Landscaping_ Staff is generally supportive of the landscaping design with the following considerations: Perimeter fencing shall be designed according to UDC I1 -3B and maintained by the home owners association. The 30 feet of right-of-way landscaping on Locust Grove Road and 25 feet of landscaping on Amity Road shall be maintained by the Home Owners Association. 2.3 Tree Miti ation• 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 are removed. The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. 2.4. Ditches, Laterals, and Canals: 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. Nampa Meridian Irrigation District has no laterals on this site and has not commented on the proposal. 2.5 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 utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single - point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3B-6. See Site Exhibit B below. 2.6. Fencing: The applicant is proposing to construct a minimum of a six foot tall solid fence around the perimeter of the site with 4' open fencing along common areas. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is Estancia Subdivision AZ-05-046/PP-05-049 PAGE 8 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 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 City Code in effect at the time the permit is issued. 2.7 Unimproved Right -of -Way: 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 ACHD Five Year Work Program. The remainder of the unimproved right-of-way should be landscaped with lawn or other vegetative groundcover. Locust Grove Road and Amity Road abutting this site meet the warrants for the 10 -foot wide gravel shoulder requirement listed above. Therefore, the applicant should be required to construct a 10 -foot wide gravel shoulder on Locust Grove and Amity Roads, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. 2.8 Common/Open Space- The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 10.4% of qualified open space and meets the requirements of a minimum of 5% open space. The applicant has provided landscaped Parkways in compliance with UDC 11-3G-5. 2.9 Amenities: The applicant has indicated that the clubhouse/pool being constructed with Bellingham Park Subdivision immediately north of the site will also be used by the Estancia Homeowners. 10b. Staff Recommendation: Staff recommends approval of AZ-05-046/PP-05-049 for Estancia Subdivision as presented in the staff report dated January 24, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: August 24, 2005) 2. Landscape Plan (dated: September 15, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Estancia Subdivision AZ-05-046/PP-05-049 PAGE 9 • • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Estancia Subdivision AZ-05-046/PP-05-049 PAGE 10 0 • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 A. Drawings 1. Preliminary Plat (dated: August 24, 2005) t d G j lzmu G If b �pq ■g� � a aq�� �� g9� �7�Y Y 7GdYp1'� F 90H1 s ggl le Ill 8 I I �a � 8q r�a� f Estancia Subdivision Exhibit A Page I ® 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2. Landscape Plan (dated: September 15, 2005) Estancia Estancia Subdivision Exhibit A Page 2 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 us Estancia Subdivision Exhibit A Page 3 tj 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B. Conditions of Approval I. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as PP -1 prepared by Bailey Engineering, dated August 24, 2005 is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -05-046) shall also be considered conditions of the Preliminary Plat (PP - 05 -049). 1.1.2 The applicant has proposed a 30 -foot landscape buffer along Locust Grove Road and a 25 foot buffer is required by ordinance, a 25 -foot landscape buffer is proposed along Amity Road. The sidewalks within the buffer shall be placed as to line up with existing buffers in neighboring subdivisions. 1.1.3 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to Locust Grove Road and Amity Road as required by ACHD. 1.1.4 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the changes required by this report. The submitted two-page landscape plan prepared by The Land Group, Inc., dated September 15, 2005 is approved as submitted. 1.1.5 All road drainage shall be contained on site in the drainage swales/areas as depicted. 1.1.6 Maintenance of all common areas shall be the responsibility of the Estancia Subdivision Homeowners' Association. 1.1.7 Other than the public street access approved by ACHD, direct lot accesses to Amity Road and Locust Grove Roads are prohibited. A note shall be placed on the final plat restricting access to Locust Grove Road and Amity Road. 1.1.8 Place a note on the face of the final plat stating that all future front garage setbacks shall be 20 - feet as measured from the property line or the back of sidewalk, whichever is more restrictive. 1.1.9 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, unless otherwise approved by the City and the Irrigation District(s). 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 UDC 11-3A-17. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under 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 Exhibit B Page I 0 r� LJ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, 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. 1.2.6 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. 1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B. 2. Public Works Department 2.1 Sanitary service to this site is being proposed via extension of mains being planned in Bellingham Park Subdivision and Locust Grove Road. The applicant shall install mains to and through this proposed 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 The applicant shall be responsible to install a temporary off-peak pumping station in a location designated by the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department, the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 2.3 Water service to this site is being proposed via extension of mains in Bellingham Park Subdivision and Locust Grove Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The soils report that was submitted has only a limited time frame of ground water monitoring. The applicant shall submit updated groundwater reports at the final plat application and at that time a grading and drainage plan may be required by Public Works as deemed necessary by the City Engineer. 2.5 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft Exhibit B Page 2 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 No large landscaping shall be allowed within 5 -feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.20 One hundred watt, high-pressure sodium streetlights 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 Exhibit B Page 3 • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 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 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %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. 3.3 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.5 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 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. 3.8 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout 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). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used for Block 4 Lot 8. Exhibit B Page 4 0 • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 4.2 Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your final plat application. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-313-10.5) will be followed. 5.3 The Parks Department has no concerns with the site design as submitted with the application. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions ofApproval 7.1 Widen the pavement on Locust Grove Road to one-half of a 46 -foot street section and construct vertical curb, gutter, and a 5 -foot detached (or 7 -foot attached) concrete sidewalk abutting the site 7.2 Dedicate a total of 48 -feet of right-of-way from the centerline of Amity 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 or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACRD right-of-way. 7.3 Construct a 5 -foot detached concrete sidewalk abutting the site on Amity Road. The face of the sidewalk shall be located a minimum of 41 -feet from the centerline of the roadway. 7.4 Construct the internal local roadways with the following: 32 -feet of pavement, 2 -foot ribbon curb 8 - inches thick on each side, a minimum 8 -foot wide Swale a minimum of 1 -foot deep on each side, and a 5 -foot wide 5 -inches thick concrete sidewalk on each side. A minimum right-of-way width of 52 - feet is required. The swale shall be located within the public right-of-way and the sidewalk may be in an easement. OR If the site does not meet the criteria established for the roadside infiltration swale street section, construct the internal local roads as 36 -foot street sections with curb, gutter, and 5 -foot concrete sidewalks within 50 -feet of right-of-way. 7.5 Construct a southbound left -tum bay treatment on Locust Grove at the site access intersection and a left -turn bay and right -turn lane treatments on Amity Road at the site access intersection. Provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 7.6 Construct the entrance street on Locust Grove Road to align with Pitkin Street on the west side of Locust Grove Road, as proposed. Exhibit B Page 5 • • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 7.7 Construct the entrance street on Amity Road to be located 275 -feet west of the east property line (measured property line to centerline), as proposed. 7.8 Extend two stub streets from Bellingham Park Subdivision to the north of the site (W. Mitman Avenue and S. Glenmere Avenue), as proposed. 7.9 Construct one stub street (Barkwall Street) to the east property line located approximately 495 -feet north of Amity Road (centerline to centerline), as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.10 Construct one stub street (Farley Street) to the west property line located approximately 200 -feet north of Amity Road (centerline to centerline), as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Provide a temporary turnaround at the terminus of the stub street. 7.11 Traffic calming devices (i.e. chokers, bulbouts, traffic circles, etc.) shall be installed on S. Glenmere Street at the intersections of Daulby Street and Melwood Street. The applicant should coordinate the exact location and design of the traffic calming devices with District Traffic Services Staff. 7.12 Direct lot access to Locust Grove Road and Amity Road is prohibited and shall be noted on the final plat. 7.13 Comply with all Standard Conditions of Approval. AChD Standard Conditions of Approval 7.14 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.15 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.16 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.17 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. 7.18 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.19 Comply with the District's Tree Planter Width Interim Policy. 7.20 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. Exhibit B Page 6 • • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-SS33 7.21 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. 7.22 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. 7.23 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. 7.24 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 DIGLM (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. 7.25 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.26 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 Page 7 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 C. Legal Description Project No. 05-231 Estancia Subdivision Annexation Description ?08) 084-5399 P.2 1450 Est Watertovmr St, Suite 150 MerWkk Idaho 83642 Phone (208) 846-8570 Fax ON) 884-5399 September 14, 2005 A parcel of land located in the SW 114 of the SW 1/4 of Section 29, T.314., R IE., B.M., Ada County, Idaho, more particularly described as follows. Commencing at the Southwest comer of said Section 29, from which the South 1116 corner common to at Section 30 and the said Section 29 bears North 00°30'01" West, 1325.80 fear Thence North 00°30'01" West 350 27 feet to the Southwest comer of Terrier Subdivision, as same is recorded in Book 83 of Plats at page 9099, records of Ada County, Idaho, said point being the REAL, POINT OF BEGINNING. Thence continuing North 00°30'01 " West, 828.12 feet to the Northwest corner of said subdivision; Thence South 89°44'03" � 659.95 subdivision; feet to the Northeast comer of said Thence North 00°30'01" West, 130.52 feet; Thence South 89042'02" East 671.I8 feet to a point which bears South 00°07'38" East 16.50 feet from the SW 1116 coiner, Thence along the East line of the SW 114 of the SW 1/4 South 00007'38" East 130831 feet to the West 1116 comer common to Section 32 and the said Section 29; Thence along the Section line North 89°43'51" West, 662.66 feet; Thence North 00030101 " West, 350.31 feet to the Southeast comer of said Terrier Subdivision; Thence North 89°44'03" West 659.95 feet to the Point of Beginning. 32.58 acres, more or less, nning. Con tainirtg ; () )2-- t MERO4N PUSLIC I7�j�4�3 a�,a?t<s DEv7 QrFof ��� D. Ter; r Professlofal Land Sl-urve-ybrs- Exhibit C Page 1 p.G�. ! 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Exhibit C Page 2 ifl d (az p 0-0 me Y r i 33 J i Exhibit C Page 2 • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 D. Required Findings from Zoning Ordinance I. 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: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-4. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. In Chapter VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; `low density' consist of single-family homes at densities of three dwelling units or less per acre. The City Council finds that the requested residential zoning designation, R4, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the NE corner of Locust Grove and Amity Roads to be "Low Density Residential", this is also consistent with the request for a `Step-up' to the medium density residential designation. The density proposed with the preliminary plats are consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these low density areas with a request for a `step up' in density. The City Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat that proposes single-family detached residential products on the subject site (PP -05-049). The City Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. The City Council finds that the single-family homes would be allowed (permitted) within the requested R-4 district. The entire site is being proposed as residential and upon build out staff would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has submitted elevations for the proposed units which will be designed and constructed to meet similar architecture to the single family detached residences of the near vicinity. The City Council believes that the design of these single family attached dwelling units will be compatible with the adjoining uses and transitional in nature to anticipated lower density uses south and east of the site in `low density residential' comprehensive designation. The City Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. The City Council does not find that the proposed zoning/uses will not be detrimental to the public health, safety, or welfare. Further, the City Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. The Commission and Council rely on any oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited Exhibit D Page 1 0 • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 to, school districts; and, There have been no recent street improvements in the area. The abutting roadways Locust Grove Road and Amity Road are not in ACHD's Five Year Work Program or CIP (20 -year plan) for road widening. Messina Meadows Subdivision to the east and Bellingham Park Subdivision to the north have been tentatively approved for development similar to what is being proposed with Estancia Subdivision. Bellingham Park Subdivisions phase 2 is not currently being developed because two access points are not available to that site. The second point of access for emergency vehicles will be through the Estancia project. The subject property is generally surrounded by rural residential acreages. The City Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. The City Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. 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 August 12, 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, the City Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. The City Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). Due to the residential nature of the 9eneral vicinily, the projects conformance to the Unified Development Code and agreement to abide by the conditions of approval contained in this staff Le port" the City Council finds that the annexation and zoning of this pLopqrty to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Exhibit D Page 2 ! • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord the City's 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. There is 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 development will not be detrimental to the public heath, safety or general welfare; and The City Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which the City Council is unaware. F. The development preserves significant natural, scenic or historic features. The City Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to improve all waterways which are existing on this site. Exhibit D Page 3 January 20, 2006 PP 05-049 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT Gemstar Development, LLC ITEM NO. 5-E REQUEST Findings for Approval — Request for Preliminar Plat approval of 103 single-family residential building lots and 7 common lots on 31.72 acres in a proposed R-4 zone for Estancia Subdivision — 1990 East Amity 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: Celf:[m COMMENTS See allached Findings for Approval *efl400", Contacted: L` Date: 1 Z3 OLO Phone: Emailed: SWI141Mr�� IQi (1�L. j _ MJ Staff Int als: Materials presented at public meetings shall became property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 0 g. 11-4 s' JAN 2 0 2006 A f IYieridian x , erk Office In the Matter of Annexation and Zoning of 31.72 acres to R-8 (Medium Density Residential) and Preliminary Plat Approval for 103 single family lots including, and 7 common/other lots, for Estancia Subdivision, by Dyver Development, LLC. Case No(s). AZ -05-046, PP -05-049 For the City Council Hearing Date of January 24, 2006 A. Findings of Fact: 1. Hearing Facts (see attached Staff Report for the hearing date of January 24, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 24, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 24, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 24, 2006 incorporated by reference) B. Conclusions of Law: 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ -05-046 & PP -05-049 PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 10, 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 August 24, 2005 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 24, 2006 incorporated by reference. D. Notice of Applicable Time Limits: Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -613 - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ -05-046 & PP -05-049 PAGE 2 of 4 0 0 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 January 24, 2006 2 By action of the City Council of the City of Meridian at its regular meeting held on the 7 day of it,�, , 2006. al - COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER: MAYOR TAMMY de WEERD VOTED _#�^' VOTED P�-- VOTED VOTED VOTED Of- oa de Weerd Attest: Tia William G. Berg, Jr., City ler 't, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ -05-046 & PP -05-049 PAGE 3 of 4 Copy served upon: ✓ Applicant r B City Clerk k/ Planning Department ✓ ::ZLegal Public Works Department Department Dated: � - O cj-- C7 l® CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ -05-046 & PP -05-049 PAGE 4 of 4 • • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 P STAFF REPORT Meridian City Council Hearing Date: January 24, 2006 TO Meridian City Council , 'a FROM: Meridian Planning Commission SUBJECT Estancia Subdivision AZ -05-046 Annexation of 31.72 acres from RUT and RI to R-4 PP -05-049 103 Single-family residential lots and 7 other lots 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting annexation and zoning of 31.72 acres of land that is currently zoned RUT and RI in Ada County. The applicant is seeking an R-4 zone (Medium Low Density Residential District) for the entire site. The applicant has submitted a preliminary plat for the subject property requesting 103 single -fancily residential lots and 7 common/other lots on 38.5 acres. 2. SUMMARY RECOMMENDATION: Meridian Planning and Zoning Commission heard the item on December 15, 2005. At the public hearing they moved unanimously to recommend approval. a. Summary of Public Hearing: i. In favor: Shawn Nickel, SLN Planning ii. In opposition: None. iii. Commenting: None iv. Staff presenting application: Joe Guenther, Associate City Planner v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. – High groundwater ii. – Cooperation with the Bellingham Park Subdivision Home Owners Association and availability of pool and clubhouse located in Bellingham Park Subdivision. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. —ACHD revised the conditions of approval on January 10, 2005 to address the changes in stub streets. These conditions are contained in the staff report dated January 24, 2006. 3. PROPOSED MOTION (to be considered after the public hearing) Approval (All applications) I move to approve File Numbers AZ-05-046/PP-05-049 as presented in staff report for the hearing date of January 24, 2006 and the preliminary plat dated August 24, 2005 with the following modifications to the conditions of approval: (add any proposed modifications) Denial (All applications) I move to deny File Numbers AZ-05-046/PP-05-049 as presented in the staff report dated January 24, 2006 and the preliminary plat dated August 24, 2005 for the following reasons: Estancia Subdivision AZ-05-046/PP-05-049 PAGE 1 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Continue (All applications) I move to continue the public hearing for items number AZ-05-046/PP-05-049 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: NE corner of Amity Road and Locust Grove Road 3NIE29 b. Owner Dvyer Development, LLC 36 E. Pine Street Meridian, Idaho 83642 c. Applicant: Shawn Nickel Land Consultants Inc. 52 N. 2nd street Eagle, Idaho, 83616 d. Representative: Shawn Nickel, Land Consultants, Inc e. Present Zoning: COUNTY- RUT/Rl f. Present Comprehensive Plan Designation: Low Density Residential — 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit Al): August 24, 2005 2. Date of landscape plan (attached as Exhibit A2): September 15, 2005 h. Applicant's Statement/Justification: The proposed overall density (3.25 dwellings per acre) of the project complies with the City's designation of Medium Low Density Residential R-4 which allows for residential densities up to 4 dwellings per acre. The applicant has requested a `step up' from the comprehensive plan which is similar to other medium low density residential projects in the near vicinity. We believe the use of the project will provide a development which will complement the surrounding land uses and will be a continuation of the Bellingham project north of the site and the Messina/Tuscany project east and north of the site. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: Planning Commission: October 17th 2005, October 31St 2005, and December 12, 2005 City Council: December 19th 2005 and of January 2nd 2006 d. Radius notices mailed to properties within 300 feet on: Planning Commission: October 7' 2005 Estancia Subdivision AZ-05-046/PP-05-049 PAGE 2 • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 City Council: December 16t" 2005 e. Applicant posted notice on site by: October 24th, 2005 and December 5, 2005 and January 3, 2006 6. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: Agricultural/Urbanizing c. Adjacent Land Use and Zoning 1. North: Bellingham Park Subdivision R-8/PD 2. East: Agricultural/Residential - Meridian City R-8 (Messina Meadows Subdivision) and Ada County RUT 3. South: Agricultural Ada County RUT to RR 4. West: Agricultural Ada County RUT and RI — Ada County Sub d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Bellingham Park Subdivision. Location of water: Extension of mains in Bellingham Park Subdivision and Locust Grove Road Issues or concerns: Road stub to the East should be located at Melwood Street and not Barkwall Street. 2. Vegetation: Agricultural/Irrigated 3. Flood plain: NA 4. Canals/Ditches Irrigation: Local laterals 5. Hazards: None Identified 6. Proposed Zoning: R-4 7. Size of Property: 31.72 acres 8. Description of Use: Residential, 103 Single Family detached f. Subdivision Plat Information 1. Residential Lots: 103 2. Non-residential Lots: 0 3. Total Building Lots: 103 4. Common Lots: 7 5. Other Lots: 0 6. Total Lots: 110 7. Open Lots: Lot 8 Block 4 8. Gross Density: 3.25 units per acre Estancia Subdivision AZ-05-046/PP-05-049 PAGE 3 • • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 g. Landscaping 1. Width of street buffer(s): 25 feet for Amity Road 30 feet (25 required) on Locust Grove Road. 2. Width of buffer(s) between land uses: none required (all residential) 3. Percentage of site as open space (PP application): 4.31 acres or 13.6% open space 4. Other landscaping standards: Retain existing healthy vegetation. h. Amenities The applicant is proposing amenities in open space and a park with playground equipment, parkway streets. These homes will also be using the clubhouse in Bellingham Park as a group meeting, gathering hall, and pool house. i. Proposed and Required Residential Standards R-4 (Standards) Setbacks(*all streets local) Proposed Required Front Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 20 20 Side 5 5 Rear 15 15 Frontage 70 60 Lot Size 8,000 8,000 j. Proposed and Required Non -Residential Non-residential lots are to be used for amenities and open space only. k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to Amity and Locust Grove Roads is to be prohibited. Access to Bellingham Park subdivision is as proposed with a connection at Mitman Avenue and Glenmere Avenue. One stub street is being proposed for the property to the east listed as Barkwall Street, staff has requested ACHD to amend this street stub and provide the stub connection at Melwood Street. For a detailed report on the public streets and access points to public streets, please the attached staff report from the Ada County Highway District (Exhibit C). 7. AGENCY COMMENTS MEETING On October 14'h 2005 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. Estancia Subdivision AZ-05-046/PP-05-049 PAGE 4 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Low Density Residential' on the Meridian Comprehensive Plan Future Land Use Map and the applicant has requested a step up in density. In Chapter VII of the Comprehensive Plan, medium density is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Although the proposed density (3.25 d.u./acre) is above the minimum target density of 3 d.u./acre for Low Density Residential, staff finds that the Proposal conforms to this stated purpose and intent. Similar subdivisions in the near vicinity have provided larger lots in the "Low Density Residential" areas which approximate three dwelling units to the acre. In the applicant's submittal letter, dated September 15, 2005 several Comprehensive Plan policies are listed (please see applicant's letter) and a step up in density is requested in compliance with the existing comprehensive designation. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is 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 properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The western roadway adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACDD). 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 and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) In accordance with this Goal and Action Item, the applicants design only allows collector road access to Amity Road and Locust Grove Road. These collector roads are designed with landscape lots and oriented as to only allow vehicular traffic f ow at the road system. No lots within Estancia Subdivision are provided lot access to a collector or arterial street. Estancia Subdivision AZ-05-046/PP-05-049 PAGE 5 • • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 30 foot wide landscape buffer with a perimeter fence and dense vegetation along Locust Grove Road. The applicant is also proposing to construct a 25 foot wide landscape buffer along Amity Road. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. See Site Specific Condition in the Preliminary Plat section below in Exhibit C. "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) 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. The additional rights of way for Locust Grove Road and Amity Road will be large enough to accommodate future pedestrian and bicycle lane as well as interconnection of sidewalks along arterial roads. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium or low density residential uses on the Comprehensive Plan Future Land Use Map. • 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 Meridian Future Land Use Map which identifies this area as an appropriate area for residential development. This proposal meets the Comprehensive Plan definition of low density with a `step up' to medium density, with a gross density of 3.25 dwelling units per acre. Staff has reviewed Estancia Subdivision under the Medium Density Residential designation which allows residential densities from 3 to 8 dwelling units to the acre. Staff supports the "step up "from low density residential to medium density residential. Staff does not anticipate the housing types for Estancia Subdivision to be very diverse, however adjacent project by Dyver Development have many mixes of uses including attached products with alley loaded homes. These projects as a neighborhood meet the variety of residential categories. • "On -street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI -5) Figure VI -5 on page 57 of the Comprehensive Plan designates a bikeway on all collector roads and arterials. The proposal will provide a collector road connection from the site to Locust Grove Road and Amity Road which will provide interconnection to future collector streets. Interconnectivity between subdivisions will also provide for a multiuse pathway Estancia Subdivision AZ-05-046/PP-05-049 PAGE 6 • • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 connection through Messina Meadows Subdivision and Bellingham Park Subdivision for pathway access to the Ridenbaugh Canal and Ten Mile Creek pathway systems. Stalfinds that the proposed zoning and subsequent uses (single-family homes) will be harmonious with and in accordance with the Comprehensive Plan 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-4 zoning district. b. Purpose Statement of Zone: R4 Medium Low -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. 10. ANALYSIS 10a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed Single Family Residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (stamped on September 14, 2005 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 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. 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 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. 1.5 UDC 11 -5B -3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the homogenous nature of only residential uses, and the compliance with Meridian City Unified Development Code staff believes that a Development Agreement is not necessary to ensure that this property is Estancia Subdivision AZ-05-046/PP-05-049 PAGE 7 • • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 developed in a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearby properties If the Commission or Council feels a development agreement is necessary staff recommends a clear outline of the commitments of the developer being required. 2. PRELE I[NARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: Connectivity (Bellingham Park Subdivision): Two stub streets from Bellingham Park Subdivision shall connect from Mitman Avenue and again from Glenmere Avenue. No direct access is allowed to Locust Grove Road or Amity Road is approved outside of the points of connection permitted by ACHD. (East Property Boundary, Ada County RUT) A ten acre property lies directly east of the site, and it is anticipated that the site will develop as low density residential uses. The stub street connection to the east of the site has been shown at Barkwood Street. The block length from the most northern point on Glenmere Avenue to Barkwood Street exceeds the 750' maximum block length. By providing a stub connection at Melwood Street staff feels the interconnectivity will be increased as well as the block length will be reduced within limits. 2.2. Landscaping_ Staff is generally supportive of the landscaping design with the following considerations: Perimeter fencing shall be designed according to UDC 11-3B and maintained by the home owners association. The 30 feet of right-of-way landscaping on Locust Grove Road and 25 feet of landscaping on Amity Road shall be maintained by the Home Owners Association. 2.3 Tree Mitigation: 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 are removed. The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. 2.4. Ditches, Laterals and Canals: 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. Nampa Meridian Irrigation District has no laterals on this site and has not commented on the proposal. 2.5 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 utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single - point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3B-6. See Site Exhibit B below. 2.6. Fencing: The applicant is proposing to construct a minimum of a six foot tall solid fence around the perimeter of the site with 4' open fencing along common areas. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is Estancia Subdivision AZ-05-046/PP-05-049 PAGE 8 0 • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 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 City Code in effect at the time the permit is issued. 2.7 Unimproved Right -of -Way: 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 ACHD Five Year Work Program. The remainder of the unimproved right-of-way should be landscaped with lawn or other vegetative groundcover. Locust Grove Road and Amity Road abutting this site meet the warrants for the 10 -foot wide gravel shoulder requirement listed above. Therefore, the applicant should be required to construct a 10 -foot wide gravel shoulder on Locust Grove and Amity Roads, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. 2.8 Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 10.4% of qualified open space and meets the requirements of a minimum of 5% open space. The applicant has provided landscaped Parkways in compliance with UDC 11-3G-5. 2.9 Amenities: The applicant has indicated that the clubhouse/pool being constructed with Bellingham Park Subdivision immediately north of the site will also be used by the Estancia Homeowners. 10b. Staff Recommendation: Staff recommends approval of AZ-05-046/PP-05-049 for Estancia Subdivision as presented in the staff report dated January 24, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EXHMITS A. Drawings 1. Preliminary Plat (dated: August 24, 2005) 2. Landscape Plan (dated: September 15, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Estancia Subdivision AZ-05-046/PP-05-049 PAGE 9 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Estancia Subdivision AZ-05-046/PP-05-049 PAGE 10 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 A. Drawings 1- Preliminary Plat (dated: August 24, 2005) 1,4 Estancia Subdivision Exhibit A Page I 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2. Landscape Plan (dated: September 15, 2005) Estancia Subdivision Exhibit A Page 2 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 b Estancia Subdivision Exhibit A Page 3 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as PP -1 prepared by Bailey Engineering, dated August 24, 2005 is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -05-046) shall also be considered conditions of the Preliminary Plat (PP - 05 -049). 1.1.2 The applicant has proposed a 30 -foot landscape buffer along Locust Grove Road and a 25 foot buffer is required by ordinance, a 25 -foot landscape buffer is proposed along Amity Road. The sidewalks within the buffer shall be placed as to line up with existing buffers in neighboring subdivisions. 1.1.3 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to Locust Grove Road and Amity Road as required by ACHD. 1.1.4 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the changes required by this report. The submitted two-page landscape plan prepared by The Land Group, Inc., dated September 15, 2005 is approved as submitted. 1.1.5 All road drainage shall be contained on site in the drainage swales/areas as depicted. 1.1.6 Maintenance of all common areas shall be the responsibility of the Estancia Subdivision Homeowners' Association. 1.1.7 Other than the public street access approved by ACHD, direct lot accesses to Amity Road and Locust Grove Roads are prohibited. A note shall be placed on the final plat restricting access to Locust Grove Road and Amity Road. 1.1.8 Place a note on the face of the final plat stating that all future front garage setbacks shall be 20 - feet as measured from the property line or the back of sidewalk, whichever is more restrictive. 1.1.9 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, unless otherwise approved by the City and the Irrigation District(s). 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 UDC 11-3A-17. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under 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 Exhibit B Page I 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, 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. 1.2.6 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. 1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-613. 2. Public Works Department 2.1 Sanitary service to this site is being proposed via extension of mains being planned in Bellingham Park Subdivision and Locust Grove Road. The applicant shall install mains to and through this proposed 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 The applicant shall be responsible to install a temporary off-peak pumping station in a location designated by the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department, the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 2.3 Water service to this site is being proposed via extension of mains in Bellingham Park Subdivision and Locust Grove Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The soils report that was submitted has only a limited time frame of ground water monitoring. The applicant shall submit updated groundwater reports at the final plat application and at that time a grading and drainage plan may be required by Public Works as deemed necessary by the City Engineer. 2.5 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft Exhibit B Page 2 • 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 No large landscaping shall be allowed within 5 -feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.20 One hundred watt, high-pressure sodium streetlights 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 Exhibit B Page 3 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 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 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 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 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. 3.3 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.5 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3 7 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. 3.8 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout 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). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used for Block 4 Lot 8. Exhibit B Page 4 CITY OF MERIDIAN PLANNING ZONING DEPARTMENT STAFF REPORT. CALL (208) 884-5533 4.2 Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your final plat application. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10.5) will be followed. 5.3 The Parks Department has no concerns with the site design as submitted with the application. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 Widen the pavement on Locust Grove Road to one-half of a 46 -foot street section and construct vertical curb, gutter, and a 5 -foot detached (or 7 -foot attached) concrete sidewalk abutting the site 7.2 Dedicate a total of 48 -feet of right-of-way from the centerline of Amity 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. 7.3 Construct a 5 -foot detached concrete sidewalk abutting the site on Amity Road. The face of the sidewalk shall be located a minimum of 41 -feet from the centerline of the roadway. 7.4 Construct the internal local roadways with the following: 32 -feet of pavement, 2 -foot ribbon curb 8 - inches thick on each side, a minimum 8 -foot wide swale a minimum of 1 -foot deep on each side, and a 5 -foot wide 5 -inches thick concrete sidewalk on each side. A minimum right-of-way width of 52 - feet is required. The swale shall be located within the public right-of-way and the sidewalk may be in an easement. OR If the site does not meet the criteria established for the roadside infiltration swale street section, construct the internal local roads as 36 -foot street sections with curb, gutter, and 5 -foot concrete sidewalks within 50 -feet of right-of-way. 7.5 Construct a southbound left -turn bay treatment on Locust Grove at the site access intersection and a left -turn bay and right -turn lane treatments on Amity Road at the site access intersection. Provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 7.6 Construct the entrance street on Locust Grove Road to align with Pitkin Street on the west side of Locust Grove Road, as proposed. Exhibit B Page 5 0 9 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 7.7 Construct the entrance street on Amity Road to be located 275 -feet west of the east property line (measured property line to centerline), as proposed. 7.8 Extend two stub streets from Bellingham Park Subdivision to the north of the site (W. Mitman Avenue and S. Glenmere Avenue), as proposed. 7.9 Construct one stub street (Barkwall Street) to the east property line located approximately 495 -feet north of Amity Road (centerline to centerline), as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.10 Construct one stub street (Farley Street) to the west property line located approximately 200 -feet north of Amity Road (centerline to centerline), as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Provide a temporary turnaround at the terminus of the stub street. 7.11 Traffic calming devices (i.e. chokers, bulbouts, traffic circles, etc.) shall be installed on S. Glenmere Street at the intersections of Daulby Street and Melwood Street. The applicant should coordinate the exact location and design of the traffic calming devices with District Traffic Services Staff. 7.12 Direct lot access to Locust Grove Road and Amity Road is prohibited and shall be noted on the final plat. 7.13 Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 7.14 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.15 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.16 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.17 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. 7.18 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.19 Comply with the District's Tree Planter Width Interim Policy. 7.20 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. Exhibit B Page 6 0 • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 7.21 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. 7.22 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. 7.23 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. 7.24 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 DIGLM (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. 7.25 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.26 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 Page 7 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. STION Q S. CALL (208) 884-5533 C. Legal Description Sep 14 05 02:32p ISG IDAHO SURVEY GROUP Exhibit C Page 1 208) 884-5399 p.2 1450 Int WatertOWer St sub 150 Meridian, Idaho 83642 Phone (208)846-8570 Fax (208) 884-5399 Project No. 05-231 Estancia Subdivision September 14, 2005 Annexation Description A parcel of land located in the SW 1/4 of the SW 1/4 of Section 29, T.3N., RIE., B -M, Ada County, Idaho, more particularly described as follows: Commencing at the Southwest comer of said Section 29, from which the South 1/16 corner common to Section 30 and the said Section 29 bears North 00°30'01" West, 1325.80 feet; Thence North 00°30'01" West, 350.27 feet to the Southwest comer of Terrier Subdivision, as same is recorded in Book 83 of Plats at Page 909% records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING. Thence continuing North 00°30'01" West, 828.12 said subdivision; feet to the Northwest comer of Thence South 89044103" East, 659.95 feet to the Northeast comer of said subdivision; Thence North 00°30'01" West, 130.52 feet; Thence South 89°42'02" East, 671.18 feet to a point which bears South 00007'38" East, 16.50 feet from the SW 1/16 comer, Thence along the East line of the SW 1/4 of the SW 1/4 South 00°07'38" East, 130851 feet to the West 1/16 comer common to Section 32 and the said Section 29; Thence along the section line North 89043'51" West, 662.66 feet; Thence North 00°30'01" West, 350.31 feet to the Southeast comer of said Terrier Subdivision; Thence North 89°44'03" West, 659.95 feet to the Point of Beginning. Co 3258 acres, more or less. Containing REV P BY I� '— Prep" By. Idaho P.C. T P t�tEriF6te�P) iJ6�i3ffi - `i 4431 s70ftKS DEPT, q / -41./ "Z o f �oae D. Terra - Professional land S-urveyors • • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Exhibit C Page 2 0 • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R4. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. In Chapter VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; `low density' consist of single-family homes at densities of three dwelling units or less per acre. The City Council finds that the requested residential zoning designation, R4, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the NE corner of Locust Grove and Amity Roads to be "Low Density Residential", this is also consistent with the request for a `Step-up' to the medium density residential designation. The density proposed with the preliminary plats are consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these low density areas with a request for a `step up' in density. The City Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat that proposes single-family detached residential products on the subject site (PP -05-049). The City Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. The City Council finds that the single-family homes would be allowed (permitted) within the requested R-4 district. The entire site is being proposed as residential and upon build out staff would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has submitted elevations for the proposed units which will be designed and constructed to meet similar architecture to the single family detached residences of the near vicinity. The City Council believes that the design of these single family attached dwelling units will be compatible with the adjoining uses and transitional in nature to anticipated lower density uses south and east of the site in `low density residential' comprehensive designation. The City Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. The City Council does not find that the proposed zoningluses will not be detrimental to the public health, safety, or welfare. Further, the City Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. The Commission and Council rely on any oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited Exhibit D Page 1 • • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 to, school districts; and, There have been no recent street improvements in the area. The abutting roadways Locust Grove Road and Amity Road are not in ACHD's Five Year Work Program or CIP (20 -year plan) for road widening. Messina Meadows Subdivision to the east and Bellingham Park Subdivision to the north have been tentatively approved for development similar to what is being proposed with Estancia Subdivision. Bellingham Park Subdivisions phase 2 is not currently being developed because two access points are not available to that site. The second point of access for emergency vehicles will be through the Estancia project. The subject property is generally surrounded by rural residential acreages. The City Council does not ford that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. The City Council fords that the subject site is proposed for development in a fashion similar to other properties in the area. 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 August 12, 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, the City Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. The City Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). Due to the residential nature of the general vicinity, the projects conformance to the Unified Development Code and agreement to abide by the conditions of approval contained in this staff report, the City Council fords that the annexation and zoning of this Proorty to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Exhibit D Page 2 CITY OF MERIDIAN PLANNING k ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL 208 884-5533 Q � ) Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord the City's 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. There is 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 development will not be detrimental to the public heath, safety or general welfare; and The City Council is not aware of any health, safety or general welfare 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. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which the City Council is unaware. F. The development preserves significant natural, scenic or historic features. The City Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to improve all waterways which are existing on this site. Exhibit D Page 3 January 20, 2006 AZ 05-042 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT Dyver Development, LLC ITEM NO. 5-F REQUEST Findings for Approval — Regeust for Annexation and Zoning of 9.63 acres from RUT to"R-8 zone for Medford Place Subdivision — 3335 South 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 Rnndings for Approval Contacted: h LVA0.01 Date:�p Phone: Emailed: guimn(k 1&rj1w%ALL1f&ft wj ystipnitials:Materials presented of public meethw stall becoerly of the by arm 0 CI'T'Y OF MERIDIAN FINDINGS OF FACT9 CONCLUSIONS OF )LAS AND DECISION & ORDER City Of M, dian Ci 'Office d "fi e w In the Matter of Annexation and Zoning of 9.63 acres from RUT to R-8 (Medium Density Residential) for 4.85 acres and R-15 (Medium High -Density Residential) for 4.78 acres AND Preliminary Plat approval request for 29 residential lots and 8 common lots on 8.57 acres AND Conditional Use Permit for a Planned Development consisting of 22 single family homes and 7 four -plea buildings (apartment houses) with reductions requested to the minimum street frontage and lot size for Medford Place Subdivision, by Dyver Development, LLC. Case No(s).: AZ -05-042, PP -05-043 and CUP -05-044 For the City Council Hearing Date of: January 10, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 10, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 10, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 10, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 10, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-042 / PP -05-043 / CUP -05-044 - PAGE 1 of 5 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 connnent(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 parry requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 10, 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 July 7, 2005 (Revised 9-22-05) is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 7, 2005 (Revised 10-4-05) is hereby conditionally approved; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. Condition 1.3.8 should read: "Incorporate site elevations provided by the applicant, which were included in his testimony, as samples for the elevations of the four-plex units. Each building exterior shall include a variety of materials and colors and use such accent items as rock, stone, or brick in combination with stucco or other appropriate siding material." b. The fourth bullet of Condition 1. 1.9 should read: "The applicant has agreed to concentrate more of the trees and the bushes and the shrubs on Victory with heavier landscaping, as to not see a sea of asphalt in the parking areas from the road. Also, the applicant agrees to try and concentrate landscaping around the trash enclosures, which will be in the rear of the project closest to Victory, with trees and differing vegetative screening." CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-042 / PP -05-043 / CUP -05-044 - PAGE 2 of 5 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 10, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-042 / PP -05-043 / CUP -05-044 - PAGE 3 of 5 0 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 January 10, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -OS -042 / PP -OS -043 / CUP -05-044 - PAGE 4 of 5 By action of the City Council at its regular meeting held on the 'f 'day of eirpm�' 2006. COUNCIL MEMBER SHAUN WARDLE VOTED _#q— COUNCIL MEMBER JOE BORTON VOTED Off. COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED _#�j— MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T de Weerd ``,`>> 151 1 11111111// Attest: oa`�,.�,`•I� ��®,���i f AL William G. Berg, Jr., City Cl rk i 9 \\\\ Copy served upon Applicant, The Plannin'�� ,�Pub�ic Works Department and City t1j/NIII 1111151 Attorney. By'Dated:-01�—(�Lp y *erJf---OPe CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-042 / PP -05-043 / CUP -05-044 - PAGE 5 of 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 STAFF REPORT Hearing Date: 1/10/2006 TO Mayor & City Councilr FROM: 0/_ Craig Hood, Current Planning Manager SUBJECT Medford Place Subdivision AZ -05-042@.,x. Annexation and Zoning of 9.63 acres from RUT to R-8 (Medium Density Residential) for 4.85 acres and R-15 (Medium High -Density Residential) for 4.78 acres. PP -05-043 Preliminary Plat approval request for 29 residential lots and 8 common lots on 8.57 acres. CUP -05-044 Conditional Use Permit for a Planned Development consisting of 22 single family homes and 7 four-plex buildings (apartment houses) with reductions requested to the minimum street frontage and lot size. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dyver Development, LLC, has applied for Annexation and Zoning (AZ), Preliminary Plat (PP), and Conditional Use Permit for a Planned Development (CUP/PD) consisting of 29 building lots and 8 common/other lots on 8.57 acres. The site is located on the west side of Eagle Road, and on the south side of Victory Road. This site is currently rural residential with one single-family residential building and accessory buildings. The site has not been previously platted. The subject property is within the Urban Service Planning Area and the City of Meridian Area of Impact. NOTE: These applications were originally submitted prior to the City adopting the Unified Development Code (UDC). This project is being reviewed under the previous development provisions of Titles 11 and 12 of Meridian City Code (MCC). 2. SUMMARY RECOMMENDATION SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on December 15, 2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Kevin Amar (applicant's representative), Bob Aldridge ii. In opposition: None. iii. Commenting: Mark Hartenstein, Chantelle Krasinski iv. Staff presenting application: Craig Hood v. Other staff commenting on application: Brad Hawkins -Clark, Ted Baird b. Key Issues of Discussion by Commission: i. Elevations and construction materials for the 4-plexes. ii. Traffic near the Eagle Road/Victory Road intersection. iii. Fencing. c. Key Commission Changes to Staff Recommendation: i. Add Condition 1.3.8 to Exhibit B to read: "Incorporate site elevations provided by the applicant, which were included in his testimony, as samples for the elevations of the four-plex units. Each building shall include items such as rock, stone, brick, stucco or masonite." Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 ii. Modify Condition L 1 9 of Exhibit B by adding the following bullet item: "The applicant has agreed to concentrate more of the trees and the bushes and the shrubs on Victory with heavier landscaping, as to not see a sea of asphalt in the parking areas from the road. Also, the applicant agrees to try and concentrate landscaping around the trash enclosures, which will be in the rear of the project closest to Victory, with trees and different obscuring things." iii. Modify Condition 1.1.4 of Exhibit B to include the applicant's proposal to construct a 6 -foot tall, vinyl fence along Victory Road and Eagle Road. d. Outstanding Issues) for City Council: i. None. The subject applications (AZ, PP, and CUP/PD) were submitted to the Planning Department for concurrent review. These applications were continued from the October 6, 2005 and December 1, 2005 Planning and Zoning Commission hearings. The applicant has complied with the City's requirement to submit a revised Annexation and Zoning application, prior to final Commission action. The revised -8 zoning is proposed for the area containing single - application requests a split zoning of the property. R family homes, and an R-15 zone is proposed for the multi -family portion of the development. Below, staff has provided a detailed analysis regarding the requested Annexation and Zoning, Preliminary Plat and Conditional Use Permit applications. The Planning & Zoning Commission is recommending _approval of the proposed Medford Place Subdivision (AZ -05-042 PP -05-043 and CUP 05 044)with the conditions listed in Exhibit B of the Staff Report 3. PROPOSED MOTION (to be considered after the public hearing) Approval I move to approve File Numbers AZ -05-042, PP -05-043 and CUP -05-044 as presented in staff report for the hearing date of January 10, 2005 with the following modifications: (Add any proposed modifications.) Denial I move to deny File Numbers AZ -05-042, PP -05-043 and CUP -05-044 as presented in the staff report for the hearing date of January 10, 2005 for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers AZ -05-045, of (insert continued hearing date here) for the reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS PP -05-048 and CUP -05-046 to the hearing date following reason(s): (You should state specific a. Site Address/Location: 3335 S. Eagle Rd. / SWC of Eagle & Victory / 3N1E29 b. Owner: Dyver Development, LLC 36 E. Pine Street Meridian, Idaho 83642 c. Applicant: Dyver Development, LLC Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 36 E. Pine Street Meridian, Idaho 83642 d. Representative: Shawn Nickel, Land Consultants, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for annexation and zoning of the subject 9.6 acres to R-8 and R-15, preliminary plat approval of 29 buildable lots, and conditional use permit approval for a planned development that includes 22 single-family homes and 7 four-plexes (28 units). The applicant is requesting reductions to the minimum lot size and minimum street frontage requirements of the R-8 and R-15 zone. Please note that this application was submitted prior to adoption of the Unified Development Code (UDC). All of the street frontages and lot sizes of all the proposed lots comply with the UDC but not the old dimensional standards established in Title 11 which this mo 'ect is being reviewed under. A gross density of 5.83 dwelling units per acre is proposed. As amenities, the applicant is proposing to set aside 1.74 acres for open space (usable open space = 1.02 acres (12%)), construct two tot lot areas and provide a micropath to the future school site to the west. Access to the development is proposed from one public street access to Eagle Road. NOTE: Due to concerns from neighbors in this area, the ACRD has allowed the applicant to shift the entrance into the site to the south. The applicant has submitted a revised preliminary plat that proposes a public street access near the south property line. Two common lots have been removed and other modifications have been made. Staffs analysis is based upon the revised Preliminary Plat prepared by Bailey Engineering Inc dated 7-7-05, revised on 9-22-05, the PD Site Plan prepared by Bailey Engineering Inc dated 7-7-05. revised on 10-4-05, and the revised L -page Landscape Plan prepared by The Land Group Inc dated 11-07-05. 1. Date of preliminary plat (attached as Exhibit Al): 07/07/05 (Revised on 09/22/05) 2. Date of CUP site plan (attached as Exhibit A2): 07/07/05 (Revised on 10/4/05) 3. Date of landscape plan (attached as Exhibit A3): 11/07/05 h. Applicant's Statement/Justification (see Applicant's Letter): The enclosed applications have been submitted in accordance with the requirements of the Meridian Zoning Ordinance. The development has also been designed to be in compliance with the intent of the Meridian Comprehensive Plan. This development meets the purpose statement for a PD by providing a development that preserves scenic features, provides a more efficient pattern of residential uses, fosters innovative design concepts and provides for both common open space and amenities not found in traditional developments. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning 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. The subject application will in fact constitute a planned development as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 6, a public hearing is required before the City Council on this matter. Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 d. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: September 19, 2005 and October 3, 2005 and November 28, 2005 and December 12, 2005 (for P & Z Commission meeting), and December 19, 2005 and January 2, 2006 (for City Council meeting) f. Radius notices mailed to properties within 300 feet on: September 9, 2005 and November 18, 2005 (for P & Z Commission meeting), and December 16, 2005 (for City Council meeting) g. Applicant posted notice on site by: September 26, 2005 and December 5, 2005 (for P & Z Commission meeting), and December 31, 2005 (for City Council meeting) 6. LAND USE a. Existing Land Use(s): There is an existing house and outbuildings located on the northern part of this site. The southern part of the site is being used for agricultural purposes. b. Description of Character of Surrounding Area: This area has historically been used for rural residential purposes. Over the past few years several developments south of Victory Road have been approved by the City. Tuscany Village, Messina Hills, Kingsbridge Subdivision, and Maxfield Subdivision have all been recently approved in this area. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning 1. North: Rural residential, zoned R-1 (Ada County) 2. East: Rural residential, zoned RUT (Ada County); Approved Maxfield Subdivision, zoned R-8 3. South: Rural residence on 5 -acres, zoned RUT (Ada County) 4. West: Rural residential, zoned RUT (Ada County); Messina Hills Subdivision, zoned R-4; Future elementary school, zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is located in Eagle approximately 320' from this development. Location of water: Water is readily available in Eagle road, adjacent to the site. Issues or concerns: Existing topography provides some grading challenges. 2. Vegetation: There are some existing trees on this site that should be protected or mitigated for. The rest of the vegetation on site is for agricultural purposes. Flood plain: N/A 4. Canals/Ditches Irrigation: There is one irrigation ditch that bisects this property. The applicant is proposing to cover this ditch. 5. Hazards: Staff is not aware of any potential hazards on this site. 6. Proposed Zoning: R-8 (Medium Density) and R-15 (Medium High Density) 7. Size of Property: 9.63 acres Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 4 • s CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 f. Subdivision Plat Information 1. Residential Lots: 29 2. Non-residential Lots: N/A 3. Total Building Lots: 29 4. Common Lots: 6 5. Other Lots: N/A 6. Total Lots: 35 7. Open Lots: N/A 8. Gross Density: 5.83 units per acre (net 7.7 d.u./acre) g. Landscaping 1. Width of street buffer(s): A 25 -foot wide street buffer is proposed along both Victory Road and Eagle Road. Victory Road is classified as a collector roadway and Eagle Road is classified as an arterial roadway. City Code requires a 20 -foot wide buffer along collector streets and a 25 -foot wide buffer along arterial streets (MCC 12- 13-10-4). Street buffers are not required on any of the internal, local streets. Staff is supportive of the street buffer widths proposed. 2. Width of buffer(s) between land uses: A 20 -foot wide landscape buffer is required between multi -family uses and single-family residential zones/uses. The applicant is proposing a 36 -foot wide (varies) landscape lot on the south side of the multi -family lot (Lot 8, Block 2). A 20 -foot wide landscape buffer should be required along the west property line of Lot 8 Block 2 as well No other land use buffers apply to the proposed development. See Other landscaping standards below. 3. Percentage of site as open space: 1.74 acres/20% (including street buffers) and 1.02 acres/12% (excluding street buffers). 4. Other landscaping standards: The landscape buffers along Eagle Road and Victory Road should be constructed in accordance with MCC 12-13-10. The land use buffers should be constructed in accordance with MCC 12-13-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (MCC 12-13- 16-5). h. Conditional Use Information 1. Non-residential square footage: N/A 2. Proposed building height: The R-8 zone allows a 35 -foot tall building, the R-15 zone allows a 40 -foot tall building. 3. Percentage of site devoted to building coverage: N/A 4. Percentage of site devoted to landscaping: 20% 5. Percentage of site devoted to other uses: Originally the applicant requested to construct multi -family dwellings (apartment houses) within the R-8 zone. MCC 11-8- 1 prohibits apartment houses in the R-8 zone; the applicant has submitted a revised Annexation and Zoning application requesting that approximately half of the entire 9.6 acres proposed for annexation be zoned to R-15 for multi -family dwellings (apartment houses). Apartment houses are a conditional use in the R-15 zone. Please see Analysis below for more information. Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 6. Number of Residential units: Fifty (50) i. Amenities: 12% useable open space, 2 tot lots, micropath to school site. j. Off -Street Parking (Multi -Family): 1. Parking spaces required: 2 for each unit; 56 stalls 2. Parking spaces proposed: 70 stalls 3. Compact spaces proposed: 0 4. Off-site parking proposed: No k. Proposed and Required Residential Standards: R-8 Setbacks (in feet) Proposed Required Front Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 20 20 Side 5 5 Rear 15 15 Frontage 50 65 Lot Size 5,000 6,500 R-15 Setbacks (in feet) Proposed Required Front Living Area 20 20 Side Accessed Garage NA 15 Front Accessed Garage NA Z0 Street side 20 20 Side 5 (per story) 5 (per story) Rear 15 15 Frontage 50 50 Lot Size 2,400 (per D.U.) 10,920 1. Proposed and Required Non -Residential: N/A m. Summary of Proposed Streets and/or Access: The applicant is proposing one public street access to Eagle Road; no access is proposed to Victory Road. To allow for Falcon Drive, across Eagle Road to function without conflict, the applicant is proposing to construct the main street into the site near the south property line. The applicant is proposing one stub street to the west and one stub street to the south. All streets are proposed 34 -feet wide (measured back of curb to back of curb) and have attached 5 -foot wide sidewalks. All streets will be public and will be constructed, along with curb, gutter and sidewalks, to the Ada Coutny Highway District's standards. Staff is supportive of the proposed street system. For a detailed Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 6 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 report on the public streets and access points to public streets, please see the ACHD report and Exhibit B. 7. COMMENTS MEETING On September 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 as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium Density Residential areas are anticipated to contain between three and eight dwelling units per acre (net). As allowed by Note #2 on the face of the Future Land Use Man, the applicant is requesting a sten un in density and zoning designation, from medium to high, for approximately %Z of the subject area proposed for multi family in the R-15 zone A Comprehensive Plan Map amendment is not required for the City to process the applicant's request for the R-15 zoning designation The overall net density of the project is 7.7 dwelling units per acre (5.83 gross d.u./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 anner: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 (ACID). 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. Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 7 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 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 residential development. The existing residential properties to the north, south, east and west and the planned elementary school site 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 proposal includes both single-family and multi family housing types and smaller residential lots while still maintaining a density consistent with the requested R-8 and R -IS zones (overall 7.7 d.u./acre (net)). Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) The products for the site include detached single-family residences and multi family apartment houses (four plexes). Stafffinds that two housing types are appropriate for a development of this size. Staff also notes that this appears to be a successful integration of multi family and single-family residences. • 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 provide stub streets to the unplatted 5 -acre parcels to the west and south. City staff and ACBD are supportive of the connectivity plan for this area (see AChD staff report 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) Except for the multi family lot (Lot 8, Block 2), the applicant has proposed a development in which the single-family lots in the development are adjacent to other single-family lots and multi family lots are adjacent to other multi family lots. Staff recognizes that there are some existing low density residential land uses to the south and west and believes that a land use buffer should be provided between any multi family that is proposed adjacent to single-family (west). See Exhibit B below. • 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. • Require new residential development to provide permanent perimeter fencing to contain Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 8 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. (Chapter VII, Goal 1, Objective D, Action 9) The applicant is proposing a 6 -foo t solid fence along the west boundary. A 4 foot solid fence is proposed adjacent to common lots. If pet-manent fencing is not provided around the entire perimeter of the site, the applicant should be required to install temporary construction fencing to contain debris. Restrict curb cuts and access points on collectors and arterial streets. (Chapter VII, Goal IV, Objective D, Action 2) Except for Street 1, access to Eagle Road and Victory Road should be prohibited. Staff finds that the proposed R-8 and R-15 zoning designations are generally harmonious with and in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on staff's analysis and any information provided during the public hearing process when determining if the proposed step up in zoning designation and density is appropriate for this site. 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. MCC 11-2-1 lists multi -family apartment houses as conditional uses in the R-15 zoning district. b. Purpose Statement of Zone: R-8 Medium 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 two-family dwellings in well-established neighborhoods of comparable land use. Connection to the municipal water and sewer systems of the city is required. R-15 Medium High Density Residential District: The purpose of the R-15 District is to permit the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. c. General Standards: As part of the PD, the applicant is requesting modifications to the standard lot size, and street frontage requirements of the R-8 zone established in MCC 11-9-1. Other than the requested dimensional lot modifications, the proposed development substantially complies with all of the general standards of Titles 11 and 12 of Meridian City Code. NOTE: All of the proposed dimensional standards comply with the recently adopted UDC standards for the R-8 zone. d. Specific Use/Application Standards: MCC 12-6-2.A.4 requires all residential planned developments to provide each dwelling unit with 100 square -feet of useable private open space, such as a patio or deck. Therefore, the applicant should clarify at the public hearing how private useable open space will be provided for each multi family unit. Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 9 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ 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 a residential subdivision. Please see Exhibit D for detailed analysis of the required facts and findings. The annexation legal description (stamped on November 9, 2005 by D. Terry Peugh, PLS) as well as the R-8 and R-15 zone descriptions (stamped on October 7, 2005 by D. Terry Peugh, PLS) submitted with the application shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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. 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: The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Ditches, Laterals, and Canals: There is an irrigation lateral that bisects this parcel. Per MCC 12-4-13, 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. Pressure Irri ation• 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 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 MCC 12-13-8 and MCC 9-1-28. Fencing: The applicant is proposing to construct a six-foot tall solid fence along the western and northern (not adjacent to Victory Road) property lines. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4- 10.F.3). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF • REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 Permit. All fencing, including adjacent to common lots and streets, should be installed in accordance with City Code. Existing Residences/Buildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings shall be removed or relocated, prior to signature of the final plat by the City Engineer. Connectivity: The applicant is proposing to construct a pedestrian connection to the future elementary school site to the west. Staff believes that a micropath should be provided from Street 3 to the west property line, through the common Lot 12, Block 1, as proposed. All micropaths shall be constructed at least 5 landscaping on each side of the path (MCC 12-13-15-3). -feet wide, with 5 feet of Land Use Buffers: MCC 12-13-12 requires landscape buffers between different land uses. Per MCC 12-13-12-4, a 20 -foot wide landscape buffer is required between single-family homes (Class 1) and multi -family dwelling units (Class Il). Meridian City Code 12-13-12-2 requires the land use buffer to be provided by the higher intensity use and to be located on the building site of the higher intensity use, unless the adjacent and higher intensity use has not provided the buffer. The applicant should be required to construct a 20 -foot wide landscape buffer along the south and west property lines of Lot 8, Block 2. Said buffer shall contain materials in accordance with MCC 12-13-12-3 and not include impervious surfaces such as parking areas or driveways. 3. CUP Application: The submitted Conditional Use Permit generally complies with the provisions established in the Zoning Ordinance. Staff is generally supportive of the proposed CUP/PD application, as it generally conforms to Title 12, Meridian City Code. Special Considerations: Requested Modifications The applicant is requesting, through the Planned Development Ordinance, modifications to the standard requirements of Meridian City Code. The applicant is requesting to modify the minimum lot size and street frontage requirement of the single-family lots in the R-8 zone. Twenty of the twenty-two buildable lots are below the 6,500 square -foot minimum lot size of the R-8 zone. Twelve of the proposed lots do not meet the minimum street frontage requirement of the R-8 zone (65 -feet). Amenities & Open Space: MCC 12-13-16-2 requires all multi -family residential planned developments to provide common open space that equals or exceeds ten percent of the gross land area. The applicant is proposing to set aside 12 acres (1.02 acres) for open space (excluding street buffers). Only 5% open space is required for single-family developments by Code (MCC 12-13-16-2). Other amenities include two tot -lot areas and a micropath to the school site (see below). Staff recommends that the Commission determine whether or not the proposed amenities are appropriate to the size and uses of the proposed development. Tot Lot Location: On the original site plan and landscape plan, a tot lot area was shown near the center of the development. With the revisions, the common lot area has been removed and the applicant has proposed two new tot lot areas, one on Lot 10, Block 2, and one on Lot 12, Block 1. Staff is supportive of the location of the proposed tot lot areas. Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 1 I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 Elevations: The applicant has submitted one sample elevation for the apartment houses proposed. The multi -family buildings resemble a big house and all four of the units have a shared entry into the building, with individual doors off of the common entry (see submitted elevation). Each building will include some stucco, brick, or rock. Staff is generally supportive of the multi -family building. Each apartment house shall substantially comply with the sample elevation provided and have an element of architectural relief such as stucco, brick or rock and include vinyl shutters. As requested at the previous Commission meeting, the applicant should provide elevations for the back sides of the units dgpicting how the units will look from Eagle Road and Victory Road Dunster Locations• The applicant has not indicated on the submitted landscape plan where the dumpsters for the four-plexes will be located. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing -up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the City Council hearing. Private Useable Open Space: MCC 12-6-2.A.4 requires all residential planned developments to provide each dwelling unit with 100 square -feet of useable private open space, such as a patio or deck. In accordance with Citv Code each multi family dwelling unit should have 100 square -feet of useablerivate open space The applicant should clarify at the public hearing how this requirement will be met b. Staff Recommendation: Staff recommends approval of the subi ect applications AZ -05- 042, PP -05-043 and CUP -05-044 with the conditions listed in Exhibit B of the Staff R ort for the hearing date of December 15 2005 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 7-7-05, Revised 9-22-05) 2. CUP Site Plan (dated: 7-7-05, Revised 10-4-05) 3. Landscape Plan (dated: 11-7-05) 4. Sample Elevations (approved by the City Council at the 1-10-06 hearing) 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 Descriptions D. Required Findings from Zoning Ordinance Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 12 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 A. Drawings 1. Preliminary Plat (dated: 7-7-05, Revised 9-22-05) Exhibit A — Page 1 0 0 Gz of MERIDIAN PLANNING DEPARTMENT STAREPOS FOR THE eE&%mo DATE OF DECEMBER b, 205 3 CUP Site Plan (dated: 7-p,revised 10-4-05) Exhibit #— Page 2 � ■ ]»/ mAfl��m�� 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 3. Landscape Plan (dated: 11-7-05) oil 9 9 lit, 1 11 8i o 114i 1 l fl i° lit i1of 1 h Ilia'. CX OW;N Exhibit A — Page 3 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 FIN Exhibit A — Page 4 ryeli ,-i Moll FIN Exhibit A — Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 n1,4 g Exhibit A — Page 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 4. Sample Elevations (approved by the City Council at the 1-10-06 hearing) Exhibit A — Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 Exhibit A — Page 7 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OFDECEMBER 15,22 \� �� \{� � � �. \/� Exhibit A — Page 8 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -05-043) 1.1.1 The preliminary plat labeled as PP -1, prepared by Bailey Engineering, Inc., dated July 7, 2005, Revised 9-22-05 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -05-042) and Conditional Use Permit (CUP -05- 044) application shall also be considered conditions of the Preliminary Plat (PP -05-043). 1.1.2 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the City and the Irrigation District(s). Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.3 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to utilize any existing surface or well or the primary sourceIf water f. 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 shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 1.1.4 Any fencing adjacent to common Lot 12, Bock 1, Lots 7 and 10, Block 2, and all fencing adjacent to micropaths shall be restricted to either a 4 -foot tall solid fence or a 6 -foot tall open -vision fence (maximum). A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4-10.17.3). Construct a 6 -foot solid fence along the west and north property lines, as proposed. As proposed, construct a 6 -foot tall vinyl fence along Victory Road and Eagle Road. If permanent fencing is not provided around the entire perimeter, temporary construction fencing to contain debris must be installed prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.1.5 Prior to signature of the fmal plat by the City Engineer, all buildings shall be removed or relocated, as proposed. 1.1.6 Construct a 5 -foot wide micropath from the end of Street 3 to the west property line (school site), through Lot 12, Block 1, as proposed. In accordance with MCC 12-13-15-4, a 5 -foot wide landscape buffer shall be constructed on both sides of the pathway. All micropatbs shall be constructed at least 5 -feet wide and include 5 feet of landscaping on each side of the pavement. 1.1.7 Maintenance of all common areas shall be the responsibility of the Medford Place Homeowners, Association. 1.1.8 Other than the public street access approved by ACHD, direct lot access to Eagle Road is prohibited. Exhibit B — Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15. 2005 1.1.9 The submitted three-page landscape plan prepared by The Land Group, Inc., dated 11-7-05 is approved as submitted, with the following modifications/notes: The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Construct a 20 -foot wide landscape buffer on the south and west sides of Lot 8, Block 2. The required land use buffer to the south may be constructed within Lot 7, Block 2. Materials in said buffer shall be consistent with MCC 12-13-12-3. Set aside at least 12% of the site for useable open space. 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. 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. The applicant has agreed to concentrate more of the trees and the bushes and the shrubs on Victory with heavier landscaping, as to not see a sea of asphalt in the parking areas from the road. Also, the applicant agrees to try and concentrate landscaping around the trash enclosures, which will be in the rear of the project closest to Victory, with trees and differing vegetative screening 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. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -05-043) 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 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.3 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.4 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.3 SITE SPECIFIC REQUIREMENTS --CONDITIONAL USE PERMIT (CUP -05-044) 1.3.1 The site plan prepared by Bailey Engineering, Inc., dated July 7, 2005, Revised 10-4-05, is approved, with the conditions listed herein. Applicant shall meet all of the requirements of the Annexation and Zoning (AZ -05-042) and Preliminary Plat (PP -05-043) as a condition of the Conditional Use Permit (CUP -05-044). 1.3.2 The project shall conform to the R-8 dimensional standards, except as follows: Exhibit B — Page 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 0 Lot Size - 5,000 sq. ft.(minimum) © Lot Frontage - 50 feet (minimum)(on straight-away) 35 feet (minimum)(chord length on a cul-de-sac or curve) 1.3.3 As amenities for the subject planned development, construct: two tot lot areas, one on Lot 10, Block 2, and one on Lot 12, Block 1; provide 12% of the site for useable open space; and provide a micro -path to the west property line, from Street 3. 1.3.4 At the public hearing the applicant shall provide rear elevations for the multi -family units, depicting how the units will look from Eagle Road and Victory Road. Construction within Medford Place Subdivision shall substantially comply with the elevations submitted by the applicant, as shown in Exhibit A. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Building Code. 1.3.5 At the public hearing, the applicant shall clarify how each multi -family dwelling unit will be provided with the required 100 square -feet of useable private open space. Provide at least 100 square -feet of useable private open space, such as a patio or deck, for each multi -family unit. 1.3.6 Provide parking for the multi -family dwelling units in accordance with MCC 11-13. 1.3.7 No multi -family building shall be erected without a Certificate of Zoning Compliance (CZC) issued by the Planning Department. NOTE: A CZC application may include multiple buildings and the panting lot(s). 1.3.8 Incorporate site elevations provided by the applicant, which were included in his testimony, as samples for the elevations of the four-plex units. Each building exterior shall include a variety of materials and colors and use such accent items as rock stone or brick in combination with stucco or other appropriate siding material. shall inelude4tems sneh WAnp 2. Public Works Department 2.1 Sanitary sewer for this development is being proposed via extensions of a main located in South Eagle Road. The applicant shall be responsible for the installation of mains to and through this proposed development, coordinate main size and routing with Public Works. 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. 2.2 Water service to this site is being proposed via extension of mains adjacent to the site in South Eagle Road. The applicant shall be responsible to install mains to and through this proposed development, coordinate main size and routing with the Public Works Department. 2.3 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. Exhibit B — Page 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.4 The preliminary plat indicates a ditch bisecting this property; the applicant shall pipe this ditch and provide written approval of the design by the end users of the ditch. Written approval shall be submitted prior to plan approval. 2.5 Remove any existing structures prior to signature on the final plat by the City Engineer. 2.6 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.7 Due to existing topography, applicant shall submit a Master Grading and Drainage plan as part of the development plans. The Master Grading and Drainage plan shall design the lots to drain in a way that minimizes the effect of runoff to existing neighbors and the newly platted lots. The plan shall include at a minimum the following: a. Finish grade elevation at each lot comer. b. Drainage flow patterns on all lots. c. If structural fill is to be placed on any lot, material specifications and compaction requirements shall be detailed. 2.8 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the four-plexes will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing shall be 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. 2.10 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. 2.11 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. 2.12 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. Exhibit B — Page 4 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 2.13 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 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 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 City Ordinance 12-4- 13. Plans shall 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, plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. 2.21 Two -hundred -fifty and 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. 2.22 Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 3. Fire Department 3.1 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' 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. Exhibit B — Page 5 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 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. i. Fire sprinklers required for four-plexes. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 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. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 The first digit of the Apartment/office Suite shall correspond to the floor level. 3.10 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.11 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.12 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). 3.13 All R-2 occupancies with 3 or more units or with 3 floors shall be required to be fire sprinklered. 4. Police Department 4.1 Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi -family development to the Planning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The facades of the multi -family buildings shall include windows that look onto the parking areas and/or other public areas. Exhibit B — Page 6 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 4.3 The proposed multi -family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.2 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 Waste enclosure locations: There is a concern that the enclosures are not located to minimize service vehicle backing -up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing -up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the next public hearing. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 Dedicate right-of-way on Eagle Road to total 48 -feet from the centerline of the roadway. The applicant shall be reimbursed for 23 -feet of right-of-way with impact fee and corridor preservation funds. 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. 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 #200), if funds are available. 7.2 Provide a road trust for sidewalk on Eagle Road in the amount of $6,300 (approximately 300 - feet) associated with the intersection project. 7.3 South of the project boundaries on Eagle Road, construct a 5 -foot wide concrete sidewalk, with the back of walk located a minimum of 41 -feet from centerline. Coordinate the location of the sidewalk with the ACHD plans for the intersection. 7.4 Provide a road trust for sidewalk on Victory Road in the amount of $5,240 for the Victory Road frontage that is included in the intersection signalization/widening project. 7.5 Construct a public street to access the site near the south property line, as proposed in the revised submittal. 7.6 Construct the internal public streets as 34 to 36 -foot street sections with curb, gutter and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way. Provide written approval from the Meridian Fire Department for any roadway less than 36 -feet in width. Exhibit B — Page 7 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 7.7 Construct a stub street to the property to the south, as proposed. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.8 Construct a stub street to the property to the west, as proposed in either scenario. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.9 Provide a minimum turning radius of 45 -feet for all public street turnarounds. 7.10 All 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. 7.11 Traffic islands shall be constructed with a minimum area of 100 -square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 21 - foot street section. The design shall be reviewed and approved by ACHD's Development staff. 7.12 Direct lot or parcel access to Eagle Road and Victory Road is prohibited and shall be noted on the final plat. 7.13 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.14 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.15 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.16 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.17 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. 7.18 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.19 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.20 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. 7.21 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Exhibit B — Page 8 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 7.22 Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.23 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. 7.24 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.25 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 — Page 9 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15. 2005 C. Legal Descriptions IDAHO SURVEY 1450 East Mtertower St Suite I so GROUP M-141an, Idaho 9.3642 PhD— (208) 846-8570 Fax (208) 884-5399 PrOject No, 05-151 Annexation Description November 9, )oo5 Medford PIRCC SU131diVhion A parcel of land located in the NE 114 orthe NE 1/4 Of Section 29, T.3N., R.1 F, 13,11C, Add CountyIdaho, more particularly describM as fellows: BEGIN1111fG at the co Mer cOmtnOn to Sections 20, 21, 28, and the said Section 2,); Tllc'nl:e along the East line of said Section 79 South 00-27'44- West, 960.88 feet; Thence departing said line North 99,037-021, Egg line OF Messina I-Mls Subdivision No. NVcs% 670,98 fed to a point on the Pap 9829, recordsof Ada County, Idaho; 1,45 same is recorded in Book 87of Plats at Thence along said FAW line North 00-28-30- East„ 300,37 rev; Thence departing said line South 89-37-26" Fast, 340,91 feet; Thence North 001127,441, ji;as� 660-50 feet 10 a point on the North line Section 29; of said l`hence along said line South 89"36145" East, 330.00 feet to the point of B08inuing. Containing 9,63 acres, more or I.,, Pteparcd By: D. Terry Peu*4 PITS Professional Land Surveyors Exhibit C - Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 Exhibit C — Page 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 Projecl No. 05-151 Victor.v — Vagle RUT to R-8 1.140 East Wjrej t0%,C-, St suite I -SO Meridwi, Idaho 83642 PhOne! (208) 846.8570 Fax (208) 884-53" October 7, 2005 A parcel of land located in the NE 1/4 of the NE 1/4 of Sectio -n B.M., Ada County, Idaho, 29, T.3 -N., R- I E., More particularly described as follows. Commencing at the comer common to Sections 20, 21, 28, and the said Section 29, frons Abi -tions 28 and 29 bears SOUM 00'27'44" West 2641.87 fact; Tht,-ncc, common to said Sections cb the 114 comer South OW27'44" Wcst, 916.91 feet to the REAL POINT OF BEGINNING. Thence continuing Sj)ujh 00*27'44" West, 43.97 feet; Thence North 89"37'02" West, 670.98 feet to a point on the Fast �lincofMc Ifills Subdivision No. 1, as same is recorded in Book 87 Of Plats at Paige Shjna Ada County, Idaho; e 9829, records of Thence along said F.%q line North 00928'30" East, 300.37 feet; '111ence departing said line South 8903726" East, 340.93 feet; Thence North W27'44" Last, 473.95 &,t; Tbence South 89032'16" East, 87.18 feet; '11w'nce South 57°31'31?" East, 50.50 feet; 'I'hence,Souffi 00"27'44" West, 703.43 Feet; Thence South 89"37102" East, 200.00 feet to the Point of Beginning. Containing 4.85 acres, more of less. Prepared By. Idaho Survey Group, p'C. 4431 OF D. T PT A Professional Land Surveyors Exhibit C — Page 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 IDAHO 1450 East Watejtew- St SURVEY Sutra 154 GROUP M"a", IdAO 83642 PhOrts (209) 846-8570 — — -- F -x PA) 894-53519 Prajeat No. ()5451 October 7, 2005 Victory _Eagle RUT to R-15 A parcel of land located in the NEE 1/4 of the NI EM lf4 of Section 29, T.3N., IL 1 B., ., Ada t;ounty, Idaho, More particularly described as fotlows: BEGINNING at the corner common to motions 20, 21, 28, and the said Section 29; Thence along the East line of said. Section 29 South 00027'44" West, 916.91 feet; Thence departing said Eaai line North $9°37'02" West, 200.00 feet; Thence North 00°27'44" Fast, 703.43 feet; Thence North 57°3130" West, 50.M feet; Thence North 89°32' 16" West, 87.18 feQt; 'fheuce North 00*27'44" East, 186.56 fed Section 29; to a point on the North line of said `Chenee altmg said line South 89-36'45" 330.00 feet to the point of Ee*1i1g. CIntaining 4.78 acres. more or less. Prepared Py: A Term Pau h, I'LS Professional Land Surveyors Exhibit C — Page 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STA7 REPORT FOR THE HEARING DATE OF DECEMBER 5. 2005 Exhibit C — Pa7! 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 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 standardsfound 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. 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 uses are allowed within the requested zoning district of R-8. Multi -family structures (apartment houses) are allowed in the requested R-15 zone with conditional use permit approval. The applicant is requesting to modify some of the dimensional standards of the R-8 zone and has submitted a conditional use permit to modify these standards and obtain approval to construct multi -family structures in the R-15 zone. 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 residential developments in this area have recently been approved for development similar to the proposed subdivision. This segment of Eagle Road (Victory Road to Amity Road) is included in the ACHD's Capital Improvements Plan. This segment of Eagle Road is anticipated to be improved to 3 traffic lanes with vertical curb, gutter and a 5 -foot detached concrete sidewalk within a total of 70 feet of right-of-way in the year 2011-2015. The intersection of Eagle Road & Victory Road is included in the ACHD's Five Year Work Program. The intersection is anticipated to be reconstructed and widened to 5 lanes on all legs, including curb, gutter, sidewalks and bike lanes. This project is programmed to take place with the Eagle Road/Victory Road to Ridenbaugh Canal (north of Victory Road) in the year 2007. City Council 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; Exhibit D — Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 City Council finds that the proposed density meets the anticipated range for a medium density urban project. City Council finds that some of the existing parcels in the area have already been approved for development with similar densities and allowances; alternate products and designs are encouraged. City Council also finds that the proposed zoning and 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. City Council does not find that the proposed uses will adversely change the essential character of area. The Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be developed as proposed. 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. The Commission and Council should rely on any public testimony (oral and written) when determining whether or not the proposed uses will be disturbing or hazardous to the existing or future neighboring uses. 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 B. On September 16, 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, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. 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. Exhibit D — Page 2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 L 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 a residential subdivision 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, City Council 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, Runes, glare, or odors. 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; The applicant is proposing to construct one public street access into the site from Eagle Road. ACHD is supportive of the proposed entry street and all internal streets. If is designed and constructed as approved by the ACHD and the City, City Council 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. City Council 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. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? Allowing split zoning of this property, with the single-family homes zoned R-8 and the multi- family dwellings zoned R-15, will allow housing diversity in this area. 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 with similar density have already been approved for development in this area and this is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that annexation and zoning of this Droyerty would be in the best interest of the City. 2. Preliminary Plat: 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: Exhibit D — Page 3 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15. 2005 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. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 3. CUP Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage and lot sizes requirements of the R-8 zone. City Council finds that the subject property is large enough to accommodate the requested use and all other required ordinance features. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; City Council finds that the proposed residential subdivision is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential" (provided the Council grants the requested planned development and step up in residential density). Please see Annexation and Zoning Findings A. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Exhibit D — Page 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 Please see Annexation and Zoning Findings E. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely effect other property in the vicinity; The Commission and Council rely upon public testimony, staff's analysis, and other agency comments when determining if the proposed uses will adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation and Zoning Findings G and H, the Other Agency/Department Comments and Conditions in Exhibit B, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed use 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; Please see Annexation and Zoning Findings H. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Findings I. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation and Zoning Findings J. The Commission and Council should review any comments received from the ACHD and/or TTD regarding this project when determining this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation and Zoning Findings K. 4. Planned Development Findings: Upon recommendation of the Commission, the Council may authorize specific uses not normally permitted by the use regulations of the zone in which the development is located. In granting such authorization, the Commission and Council shall make the following findings: A. The uses permitted by the exception are strongly related to the principal use of the development, and have the purpose of providing services or facilities useful or complementary to the primary use. Exhibit D — Page 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 The proposed single-family uses and multi -family uses are allowed, either principally or with a CUP, within the proposed zones. A use exception is not required for this development. >�. No more than twenty percent (20%) of the total area of the project shall be devoted to the uses permitted by the exception. The percentage of use exception allowed will be determined by the commission and council based upon the size of the project and intensity of the use exceptions. The proposed single-family uses and multi -family uses are allowed, either principally or with a CUP, within the proposed zones. A use exception is not required for this development. C. The development will be phased so that construction of the excepted use or uses will be justified by construction of all or a proportionate amount of the principal or primary use or uses. The applicant has not indicated a phasing plan for this development. At full build out, City Council finds that the construction of the multi -family residential buildings will be in good proportion to the amount of single-family residential being constructed in the area. D. The uses permitted by the exception are integrated into the overall project by: 1. Being located in proximity to and within convenient walking distance of the primary uses. City Council finds that the proposed sidewalk system and a micropath to the school site will allow residents to walk throughout the development and to adjacent developments. 2. Utilizing one or more of the main vehicular accesses to the primary use site as the main access to the exception site or interconnection through a system of private roadways and/or pathways. Both the multi -family and the single-family dwellings will share the proposed roadway system. 3. Providing pedestrian and bicycle pathway connections with the primary use site. See Findings "D I" above. 4. Orienting buildings on the exception site to facilitate vehicular and/or pedestrian access from the primary use site. City Council finds that the orientation of the multi -family buildings should be towards the internal streets. The applicant, at the public hearing state how they plan to orient the multi family buildings on the lots and provide rear elevations for the multi family buildings 5. Continuing architecture, landscaping, and building bulk concepts from the primary use into the use of the exception site so they are consistent and harmonious throughout the development. City Council recommends that the construction of the multi -family and the single-family homes be consistent in construction materials and architectural features. The applicant at the public hearing, should state how they plan to integrate the look of the multi family buildings with the single-family buildings (specific features on the buildingJA E. The use(s) permitted by the exception are neighborhood- or community -serving in size and character and not regional, and are not detrimental to adjacent neighborhoods in location and character. City Council finds that the size and character of the multi -family proposed is appropriate to serve the community and should not be detrimental to adjacent neighborhoods. Exhibit D — Page 6 January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT Dyver Development, LLC ITEM NO. PP 05-043 5-G REQUEST Findings for Approval — Request for Preliminary Plat approval of 29 single family residential bulding lots and 8 common area lots on 8.57 acres in a proposed R-8 zone for Medford Place Subdivision — 3335 South 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 Findings for Approval Contacted: S {VI�.kC, Date:4 3 Phone: yv, Emailed: _ �_Sta Initials: `�i/� Materials presented at public meetkW shall become property of the City of Meridian. C� CITY OF I ERIDLAX FINDINGS OF FACT9 CONCLUSIONS OF LAW AND DECISION & ORDER X City Of ndia Ci Office (T"' .K 4 In the Matter of Annexation and Zoning of 9.63 acres from RUT to R-8 (Medium Density Residential) for 4.85 acres and R-15 (Medium High -Density Residential) for 4.78 acres AND Preliminary Plat approval request for 29 residential lots and 8 common lots on 8.57 acres AND Conditional Use Permit for a Planned Development consisting of 22 single family homes and 7 four -plea buildings (apartment houses) with reductions requested to the minimum street frontage and lot size for Medford Place Subdivision, by Dyver Development, LLC. Case No(s).: AZ -O5-042, PP -05-043 and CUP -05-044 For the City Council Hearing Date of: January 10, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 10, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 10, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 10, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 10, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-042 / PP -05-043 / CUP -05-044 - PAGE I of 5 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, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 10, 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 July 7, 2005 (Revised 9-22-05) is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 7, 2005 (Revised 10-4-05) is hereby conditionally approved; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. Condition 1.3.8 should read: "Incorporate site elevations provided by the applicant, which were included in his testimony, as samples for the elevations of the four-plex units. Each building exterior shall include a variety of materials and colors and use such accent items as rock, stone, or brick in combination with stucco or other appropriate siding material." b. The fourth bullet of Condition 1.1.9 should read: "The applicant has agreed to concentrate more of the trees and the bushes and the shrubs on Victory with heavier landscaping, as to not see a sea of asphalt in the parking areas from the road. Also, the applicant agrees to try and concentrate landscaping around the trash enclosures, which will be in the rear of the project closest to Victory, with trees and differing vegetative screening." CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-042 / PP -05-043 / CUP -05-044 - PAGE 2 of 5 0 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 10, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-042 / PP -05-043 / CUP -OS -044 - PAGE 3 of 5 0 E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use pen -nit 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 January 10, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-042 / PP -05-043 / CUP -05-044 - PAGE 4 of 5 C� 11 By action of the City Council at its regular meeting held on the 2� day of jll� 2006. COUNCIL MEMBER SHAUN WARDLE VOTED C#< -A/ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: G. Berg, Jr., City Copy served upon Applicant, The Mayor VOTED VOTED_Z a VOTED VOTED Weerd SEAL Vb. T a $ iaba�ic Works Department and City Attorney. f - B City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-042 I PP -05-043 I CUP -05-044 - PAGE 5 of 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 STAFF REPORT Hearing Date: 1/10/2006 TO Mayor & City Council FROM: Craig Hood, Current Planning Manager SUBJECT Medford Place Subdivision AZ -05-042 ITY 4for 1 119r`sI9�7 .z Annexation and Zoning of 9.63 acres from RUT to R-8 (Medium Density Residential) for 4.85 acres and R-15 (Medium High -Density Residential) for 4.78 acres. PP -05-043 Preliminary plat approval request for 29 residential lots and 8 common lots on 8.57 acres. CUP -05-044 Conditional Use Permit for a Planned Development consisting of 22 single family homes and 7 four-plex buildings (apartment houses) with reductions requested to the minimum street frontage and lot size. I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dyver Development, LLC, has applied for Annexation and Zoning (AZ), Preliminary Plat (PP), and Conditional Use Permit for a Planned Development (CUP/PD) consisting of 29 building lots and 8 common/other lots on 8.57 acres. The site is located on the west side of Eagle Road, and on the south side of Victory Road. This site is currently rural residential with one single-family residential building and accessory buildings. The site has not been previously platted. The subject property is within the Urban Service Planning Area and the City of Meridian Area of Impact. NOTE: These applications were originally submitted prior to the City adopting the Unified Development Code (UDC). This project is being reviewed under the previous development provisions of Titles 11 and 12 of Meridian City Code (MCC). 2• SUMMARY RECOMMENDATION SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on December 15, 2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Kevin Amar (applicant's representative), Bob Aldridge ii. In opposition: None. iii. Commenting: Mark Hartenstein, Chantelle Krasinski iv. Staff presenting application: Craig Hood v. Other staff commenting on application: Brad Hawkins -Clark, Ted Baird b. Key Issues of Discussion by Commission: i. Elevations and construction materials for the 4-plexes. ii. Traffic near the Eagle Road/Victory Road intersection. iii. Fencing. c. Key Commission Changes to Staff Recommendation: i. Add Condition 1.3.8 to Exhibit B to read: "Incorporate site elevations provided by the applicant, which were included in his testimony, as samples for the elevations of the four-plex units. Each building shall include items such as rock, stone, brick, stucco or masonite." Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE I • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 ii. Modify Condition 1 1 9 of Exhibit B by adding the following bullet item: "The applicant has agreed to concentrate more of the trees and the bushes and the shrubs on Victory with heavier landscaping, as to not see a sea of asphalt in the parking areas from the road. Also, the applicant agrees to try and concentrate landscaping around the trash enclosures, which will be in the rear of the project closest to Victory, with trees and different obscuring things." iii. Modify Condition 1.1.4 of Exhibit B to include the applicant's proposal to construct a 6 -foot tall, vinyl fence along Victory Road and Eagle Road. d. Outstanding Issue(s) for City Council: i. None. The subject applications (AZ, PP, and CUP/PD) were submitted to the Planning Department for concurrent review. These applications were continued from the October 6, 2005 and December 1, 2005 Planning and Zoning Commission hearings. The applicant has complied with the City's requirement to submit a revised Annexation and Zoning application, prior to final Commission action. The revised application requests a split zoning of the property. R-8 zoning is proposed for the area containing single- family homes, and an R-15 zone is proposed for the multi -family portion of the development. Below, staff has provided a detailed analysis regarding the requested Annexation and Zoning, Preliminary Plat and Conditional Use Permit applications. The Planning & Zoning Commission is recommendingnpinmynI of the proposed Medford Place Subdivision (AZ -05-042 PP -05-043 and CUP -05-044) with the conditions listed in Exhibit B of the Staff Report 3. PROPOSED MOTION (to be considered after the public hearing) Approval I move to approve File Numbers AZ -05-042, PP -05-043 and CUP -05-044 as presented in staff report for the hearing date of January 10, 2005 with the following modifications: (Add any proposed modifications.) Denial I move to deny File Numbers AZ -05-042, PP -05-043 and CUP -05-044 as presented in the staff report for the hearing date of January 10, 2005 for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers AZ -05-045, of (insert continued hearing date here) for the reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS PP -05-048 and CUP -05-046 to the hearing date following reason(s): (You should state specific a. Site Address/Location: 3335 S. Eagle Rd. / SWC of Eagle & Victory / 3NIE29 b. Owner: Dyver Development, LLC 36 E. Pine Street Meridian, Idaho 83642 c. Applicant: Dyver Development, LLC Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE • HEARING DAT); OF JANUARY 10, 2006 36 E. Pine Street Meridian, Idaho 83642 d. Representative: Shawn Nickel, Land Consultants, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for annexation and zoning of the subject 9.6 acres to R-8 and R-15, preliminary plat approval of 29 buildable lots, and conditional use permit approval for a planned development that includes 22 single-family homes and 7 four-plexes (28 units). The applicant is requesting reductions to the minimum lot size and minimum street frontage requirements of the R-8 and R-15 zone. Please note that this Lapplication was submitted prior to adoption of the Unified Development Code (UDC). All of the street frontages and lot sizes of all the proposed lots comply with the UDC but not the old dimensional standards established in Title 11 which this project is bein reviewed under. A gross density of 5.83 dwelling units per acre is proposed. As amenities, the applicant is proposing to set aside 1.74 acres for open space (usable open space = 1.02 acres (12%)), construct two tot lot areas and provide a micropath to the future school site to the west. Access to the development is proposed from one public street access to Eagle Road. NOTE: Due to concerns from neighbors in this area, the ACRD has allowed the applicant to shift the entrance into the site to the south. The applicant has submitted a revised preliminary plat that proposes a public street access near the south property line. Two common lots have been removed and other modifications have been made. Staffs analysis is based upon the revised Preliminary Plat prepared by Bailey Eneineering Inc.,dated 7-7-05, revised on 9-22-05, the PD Site Plan re ared by Bailey Engineering,, Inc. dated 7 -7 -05, -revised on 10-4-05and the revised 3- a e Landscape Plan Prepared by The Land Group, Inc dated 11-07-05. 1. Date of preliminary plat (attached as Exhibit Al): 07/07/05 (Revised on 09/22/05) 2. Date of CUP site plan (attached as Exhibit A2): 07/07/05 (Revised on 10/4/05) 3. Date of landscape plan (attached as Exhibit A3): 11/07/05 h. Applicant's Statement/Justification (see Applicant's Letter): The enclosed applications have been submitted in accordance with the requirements of the Meridian Zoning Ordinance. The development has also been designed to be in compliance with the intent of the Meridian Comprehensive Plan. This development meets the purpose statement for a PD by providing a development that preserves scenic features, provides a more efficient pattern of residential uses, fosters innovative design concepts and provides for both common open space and amenities not found in traditional developments. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning 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. The subject application will in fact constitute a planned development as determined. by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 6, a public hearing is required before the City Council on this matter. Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 3 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 d. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: September 19, 2005 and October 3, 2005 and November 28, 2005 and December 12, 2005 (for P & Z Commission meeting), and December 19, 2005 and January 2, 2006 (for City Council meeting) f. Radius notices mailed to properties within 300 feet on: September 9, 2005 and November 18, 2005 (for P & Z Commission meeting), and December 16, 2005 (for City Council meeting) g. Applicant posted notice on site by: September 26, 2005 and December 5, 2005 (for P & Z Commission meeting), and December 31, 2005 (for City Council meeting) 6. LAND USE a. Existing Land Use(s): There is an existing house and outbuildings located on the northern part of this site. The southern part of the site is being used for agricultural purposes. b. Description of Character of Surrounding Area: This area has historically been used for rural residential purposes. Over the past few years several developments south of Victory Road have been approved by the City. Tuscany Village, Messina Hills, Kingsbridge Subdivision, and Maxfield Subdivision have all been recently approved in this area. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning 1. North: Rural residential, zoned R-1 (Ada County) 2. East: Rural residential, zoned RUT (Ada County); Approved Maxfield Subdivision, zoned R-8 3. South: Rural residence on 5 -acres, zoned RUT (Ada County) 4. West: Rural residential, zoned RUT (Ada County); Messina Hills Subdivision, zoned R-4; Future elementary school, zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is located in Eagle approximately 320' from this development. Location of water: Water is readily available in Eagle road, adjacent to the site. Issues or concerns: Existing topography provides some grading challenges. 2. Vegetation: There are some existing trees on this site that should be protected or mitigated for. The rest of the vegetation on site is for agricultural purposes. Flood plain: N/A 4. Canals/Ditches Irrigation: There is one irrigation ditch that bisects this property. The applicant is proposing to cover this ditch. 5. Hazards: Staff is not aware of any potential hazards on this site. 6. Proposed Zoning: R-8 (Medium Density) and R-15 (Medium High Density) 7. Size of Property: 9.63 acres Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 f. Subdivision Plat Information 1. Residential Lots: 29 2. Non-residential Lots: N/A 3. Total Building Lots: 29 4. Common Lots: 6 5. Other Lots: N/A 6. Total Lots: 35 7. Open Lots: N/A 8. Gross Density: 5.83 units per acre (net 7.7 d.u./acre) g. Landscaping 1. Width of street buffer(s): A 25 -foot wide street buffer is proposed along both Victory Road and Eagle Road. Victory Road is classified as a collector roadway and Eagle Road is classified as an arterial roadway. City Code requires a 20 -foot wide buffer along collector streets and a 25 -foot wide buffer along arterial streets (MCC 12- 13-10-4). Street buffers are not required on any of the internal, local streets. Staff is supportive of the street buffer widths proposed. 2. Width of buffer(s) between land uses: A 20 -foot wide landscape buffer is required between multi -fancily uses and single-family residential zones/uses. The applicant is proposing a 36 -foot wide (varies) landscape lot on the south side of the multi -family lot (Lot 8, Block 2). A 20 -foot wide landscape buffer should be required along the west properly line of Lot 8 Block 2 as well No other land use buffers apply to the proposed development. See Other landscaping standards below. 3. Percentage of site as open space: 1.74 acres/20% (including street buffers) and 1.02 acres/12% (excluding street buffers). 4. Other landscaping standards: The landscape buffers along Eagle Road and Victory Road should be constructed in accordance with MCC 12-13-10. The land use buffers should be constructed in accordance with MCC 12-13-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (MCC 12-13- 16-5). h. Conditional Use Information 1. Non-residential square footage: N/A 2. Proposed building height: The R-8 zone allows a 35 -foot tall building, the R-15 zone allows a 40 -foot tall building. 3. Percentage of site devoted to building coverage: N/A 4. Percentage of site devoted to landscaping: 20% 5. Percentage of site devoted to other uses: Originally the applicant requested to construct multi -family dwellings (apartment houses) within the R-8 zone. MCC 11-8- 1 prohibits apartment houses in the R-8 zone; the applicant has submitted a revised Annexation and Zoning application requesting that approximately half of the entire 9.6 acres proposed for annexation be zoned to R-15 for multi -family dwellings (apartment houses). Apartment houses are a conditional use in the R-15 zone. Please see Analysis below for more information. Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 5 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 6. Number of Residential units: Fifty (50) i. Amenities: 12% useable open space, 2 tot lots, micropath to school site. j. Off -Street Parking (Multi -Family): 1. Parking spaces required: 2 for each unit; 56 stalls 2. Parking spaces proposed: 70 stalls 3. Compact spaces proposed: 0 4. Off-site parking proposed: No k. Proposed and Required Residential Standards: R-8 Setbacks (in feet) Proposed Required Front Living Area. 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 20 20 Side 5 5 Rear 15 15 Frontage 50 65 Lot Size 5,000 6,500 R-15 Setbacks (in feet) Proposed Required Front Living Area 20 20 Side Accessed Garage NA 15 Front Accessed Garage NA 20 Street side 20 20 Side 5 (per story) 5 (per story) Rear 15 15 Frontage 50 50 Lot Size 2,400 (per D.U.) 10,920 I. Proposed and Required Non -Residential: N/A In. Summary of Proposed Streets and/or Access: The applicant is proposing one public street access to Eagle Road; no access is proposed to Victory Road. To allow for Falcon Drive, across Eagle Road to function without conflict, the applicant is proposing to construct the main street into the site near the south property line. The applicant is proposing one stub street to the west and one stub street to the south. All streets are proposed 34 -feet wide (measured back of curb to back of curb) and have attached 5 -foot wide sidewalks. All streets will be public and will be constructed, along with curb, gutter and sidewalks, to the Ada Coutny Highway District's standards. Staff is supportive of the proposed street system. For a detailed Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 6 CITY OF MERIDIAN PLANNING DEP RTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 report on the public streets and access points to public streets, please see the ACHD report and Exhibit B. 7. COMMENTS MEETING On September 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 as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium Density Residential areas are anticipated to contain between three and eight dwelling units per acre (net). As allowed by Note #2 on the face of the Future Land Use Map the applicant is requesting a sten uD in density and tonin designation, from medium to high, for approximately %2 of the subject area ro osed for multi family in the R-15 zone A Comprehensive Plan Map amendment is not required for the City to process the applicant's request for the R-15 zoning desianation. The overall net density of the project is 7.7 dwelling units per acre (5.83 gross d.u./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.- 0 anner:• Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 7 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 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 residential development. The existing residential properties to the north, south, east and west and the planned elementary school site 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 N, Objective C, Action 10) The subject proposal includes both single-family and multi family housing types and smaller residential lots while still maintaining a density consistent with the requested R-8 and R-15 zones (overall 7.7 d.u./acre (net)). Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) The products for the site include detached single-family residences and multi family apartment houses (four plexes). Stafffinds that two housing types are appropriate for a development of this size. Staff also notes that this appears to be a successful integration of multi family and single-family residences. • 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 provide stub streets to the unplatted 5 -acre parcels to the west and south. City staff and ACHD are supportive of the connectivity plan for this area (see ACRD staff report 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) Except for the multi family lot (Lot 8, Block 2), the applicant has proposed a development in which the single-family lots in the development are adjacent to other single-family lots and multi family lots are adjacent to other multi family lots. Staff recognizes that there are some existing low density residential land uses to the south and west and believes that a land use buffer should be provided between any multi family that is proposed adjacent to single family (west). See Exhibit B below. • 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. • Require new residential development to provide permanent perimeter fencing to contain Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 8 W a CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. (Chapter VII, Goal I, Objective D, Action 9) The applicant is proposing a 6 -foot solid fence along the west boundary. A 4 -foot solid fence is proposed adjacent to common lots. If permanent fencing is not provided around the entire perimeter of the site, the applicant should be required to install temporary construction fencing to contain debris. o Restrict curb cuts and access points on collectors and arterial streets. (Chapter VII, Goal IV, Objective D, Action 2) Except for Street 1, access to Eagle Road and Victory Road should be prohibited. Staff finds that the proposed R-8 and R -I5 zoning designations are generally harmonious with and in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on staff's analysis and any information provided during the public hearing process when determining if the proposed step up in zoning designation and density is appropriate for this site. 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. MCC 11-2-1 lists multi -family apartment houses as conditional uses in the R-15 zoning district. b. Purpose Statement of Zone: R-8 Medium 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 two-family dwellings in well-established neighborhoods of comparable land use. Connection to the municipal water and sewer systems of the city is required. R-15 Medium High Density Residential District: The purpose of the R-15 District is to permit the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. c. General Standards: As part of the PD, the applicant is requesting modifications to the standard lot size, and street frontage requirements of the R-8 zone established in MCC 11-9-1. Other than the requested dimensional lot modifications, the proposed development substantially complies with all of the general standards of Titles 11 and 12 of Meridian City Code. NOTE: All of the proposed dimensional standards comply with the recently adopted UDC standards for the R-8 zone. d. Specific Use/Application Standards: MCC 12-6-2.A.4 requires all residential planned developments to provide each dwelling unit with 100 square -feet of useable private open space, such as a patio or deck. Therefore, the annlicant should clarify, at the public hearing how private useable open space will be provided for each multi family unit Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 9 0 -0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation AZ 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 a residential subdivision. Please see Exhibit D for detailed analysis of the required facts and findings. The annexation legal description (stamped on November 9, 2005 by D. Terry Peugh, PLS) as well as the R-8 and R-15 zone descriptions (stamped on October 7, 2005 by D. Terry Peugh, PLS) submitted with the application shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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. 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: The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Ditches, Laterals and Canals: There is an irrigation lateral that bisects this parcel. Per MCC 124-13, 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. Pressure Irrigation:, The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to 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 MCC 12-13-8 and MCC 9-1-28. Fencing: The applicant is proposing to construct a six-foot tall solid fence along the western and northern (not adjacent to Victory Road) property lines. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4- 10.F.3). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 Permit. All fencing, including adjacent to common lots and streets, should be installed in accordance with City Code. Existine Residences/Buildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings shall be removed or relocated, prior to signature of the fmal plat by the City Engineer. Connectivity: The applicant is proposing to construct a pedestrian connection to the future elementary school site to the west. Staff believes that a micropath should be provided from Street 3 to the west property line, through the common Lot 12, Block 1, as proposed. All micropaths shall be constructed at least 5 -feet wide, with 5 feet of landscaping on each side of the path (MCC 12-13-15-3). Land Use Buffers: MCC 12-13-12 requires landscape buffers between different land uses. Per MCC 12-13-12-4, a 20 -foot wide landscape buffer is required between single-family homes (Class 1) and multi -family dwelling units (Class 11). Meridian City Code 12-13-12-2 requires the land use buffer to be provided by the higher intensity use and to be located on the building site of the higher intensity use, unless the adjacent and higher intensity use has not provided the buffer. The applicant should be required to construct a 20 -foot wide landscape buffer along the south and west property lines of Lot 8, Block 2. Said buffer shall contain materials in accordance with MCC 12-13-12-3 and not include impervious surfaces such as parking areas or driveways. CUP Application: The submitted Conditional Use Permit generally complies with the provisions established in the Zoning Ordinance. Staff is generally supportive of the proposed CUP/PD application, as it generally conforms to Title 12, Meridian City Code. Special Considerations: Requested Modifications: The applicant is requesting, through the Planned Development Ordinance, modifications to the standard requirements of Meridian City Code. The applicant is requesting to modify the minimum lot size and street frontage requirement of the single-family lots in the R-8 zone. Twenty of the twenty-two buildable lots are below the 6,500 square -foot minimum lot size of the R-8 zone. Twelve of the proposed lots do not meet the minimum street frontage requirement of the R-8 zone (65 -feet). Amenities & Open Space: MCC 12-13-16-2 requires all multi -family residential planned developments to provide common open space that equals or exceeds ten percent of the gross land area. The applicant is proposing to set aside 12 acres (1.02 acres) for open space (excluding street buffers). Only 5% open space is required for single-family developments by Code (MCC 12-13-16-2). Other amenities include two tot -lot areas and a micropath to the school site (see below). Staff recommends that the Commission determine whether or not the proposed amenities are appropriate to the size and uses of the proposed development. Tot Lot Location: On the original site plan and landscape plan, a tot lot area was shown near the center of the development. With the revisions, the common lot area has been removed and the applicant has proposed two new tot lot areas, one on Lot 10, Block 2, and one on Lot 12, Block 1. Staff is supportive of the location of the proposed tot lot areas. Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 11 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 Elevations: The applicant has submitted one sample elevation for the apartment houses proposed. The multi -family buildings resemble a big house and all four of the units have a shared entry into the building, with individual doors off of the common entry (see submitted elevation). Each building will include some stucco, brick, or rock. Staff is generally supportive of the multi -family building. Each apartment house shall substantially comply with the sample elevation provided and have an element of architectural relief such as stucco, brick or rock and include vinyl shutters. As requested at the previous Commission meeting the applicant should rovide elevations for the back sides of the units doicting how the units will look from Ea le Road and Victory Road Dumpster Locations: The applicant has not indicated on the submitted landscape plan where the dumpsters for the four-plexes will be located. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing -up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the City Council hearing. Private Useable Open Space: MCC 12-6-2.A.4 requires all residential planned developments to provide each dwelling unit with 100 square -feet of useable private open space, such as a patio or deck. In accordance with City Code each multi -family dwelling unit should have 100 square -feet of useable private open space The applicant should clarify at the public hearins how this requirement will be met b. Staff Recommendation: Staff recommends approval of the subject applications Az -()5- 042, PP -05-043 and CUP -05-044 with the conditions listed in Exhibit B of the Staff Rgport for the hearing date of December 15 2005 11. EXH BITS A. Drawings 1. Preliminary Plat (dated: 7-7-05, Revised 9-22-05) 2. CUP Site Plan (dated: 7-7-05, Revised 10-4-05) 3. Landscape Plan (dated: 11-7-05) 4. Sample Elevations (approved by the City Council at the 1-10-06 hearing) 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 Descriptions D. Required Findings from Zoning Ordinance Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 12 CITY OF MERIDIAN PLANNING D� TMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 A. Drawings 1. Preliminary Plat (dated: 7-7-05, Revised 9-22-05) Exhibit A — Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 2. CUP Site Plan (dated: 7-7-05, revised 10-4-05) �ttroll 4xtlo 5 ap p9 3 YflAi r e 990 tl k�i9 8$ l 0 li Exhibit A — Page 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 I Landscape Plan (dated: 11-7-05) Ago, I j% - ',� - El Exhibit A — Page 3 I fife! Ago, I j% - ',� - El Exhibit A — Page 3 I 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 Exhibit A — Page 4 Im Intl It In w1sh 1111d fell i 09 Exhibit A — Page 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 11-41gohn "3,1Ai .1vilugl4i A fill W; 'Jill �Jgfj; it 00.4 A oq( i Exhibit A — Page 5 9--= w. 11-41gohn "3,1Ai .1vilugl4i A fill W; 'Jill �Jgfj; it 00.4 A oq( i Exhibit A — Page 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 4. Sample Elevations (approved by the City Council at the 1-10-06 hearing) Exhibit A — Page 6 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 Exhibit A — Page 7 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 5. 4 r ae Exhibit A — Page 8 r ae Exhibit A — Page 8 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15. 2005 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -05-043) 1.1.1 The preliminary plat labeled as PP -1, prepared by Bailey Engineering, Inc., dated July 7, 2005, Revised 9-22-05 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -05-042) and Conditional Use Permit (CUP -05- 044) application shall also be considered conditions of the Preliminary Plat (PP -05-043). 1.1.2 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the City and the Irrigation District(s). 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. 1.1.3 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 1.1.4 Any fencing adjacent to common Lot 12, Bock 1, Lots 7 and 10, Block 2, and all fencing adjacent to micropaths shall be restricted to either a 4 -foot tall solid fence or a 6 -foot tall open -vision fence (maximum). A detailed fencing plan shall be submitted upon application of the final plat (MCC 124-10.F.3). Construct a 6 -foot solid fence along the west and north property lines, as proposed. As proposed, construct a 6 -foot tall vinyl fence along Victory Road and Eagle Road. If permanent fencing is not provided around the entire perimeter, temporary construction fencing to contain debris must be installed prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1. 1.5 Prior to signature of the final plat by the City Engineer, all buildings shall be removed or relocated, as proposed. 1.1.6 Construct a 5 -foot wide micropath from the end of Street 3 to the west property line (schoolsite), through Lot 12, Block 1, as proposed. In accordance with MCC 12-13-15-4, a 5 -foot wide landscape buffer shall be constructed on both sides of the pathway. All micropaths shall be constructed at least 5 -feet wide and include 5 feet of landscaping on each side of the pavement. 1.1.7 Maintenance of all common areas shall be the responsibility of the Medford Place Homeowners' Association. 1.1.8 Other than the public street access approved by ACHD, direct lot access to Eagle Road is prohibited. Exhibit B – Page 1 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 1.1.9 The submitted three-page landscape plan prepared by The Land Group, Inc., dated 11-7-05 is approved as submitted, with the following modifications/notes: The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Construct a 20 -foot wide landscape buffer on the south and west sides of Lot 8, Block 2. The required land use buffer to the south may be constructed within Lot 7, Block 2. Materials in said buffer shall be consistent with MCC 12-13-12-3. Set aside at least 12% of the site for useable open space. 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. 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. The applicant has agreed to concentrate more of the trees and the bushes and the shrubs on Victory with heavier landscaping, as to not see a sea of asphalt in the parking areas from the road. Also, the applicant agrees to try and concentrate landscaping around the trash enclosures, which will be in the rear of the project closest to Victory, with trees and differing vegetative screening. differentb things. 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. 1.2 GENERAL REQUIREMENTS PRELIMINARY PLAT (PP -05-043) 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 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.3 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.4 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-24. 1.3 SITE SPECIFIC REQUIREMENTS—CONDITIONAL USE PERMIT (CUP -05-044) 1.3.1 The site plan prepared by Bailey Engineering, Inc., dated July 7, 2005, Revised 10-4-05, is approved, with the conditions listed herein. Applicant shall meet all of the requirements of the Annexation and Zoning (AZ -05-042) and Preliminary Plat (PP -05-043) as a condition of the Conditional Use Permit (CUP -05-044). 1.3.2 The project shall conform to the R-8 dimensional standards, except as follows: Exhibit B — Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 0 Lot Size - 5,000 sq. ft.(minimum) ® Lot Frontage - 50 feet (minimum)(on straight-away) 35 feet (minimum)(chord length on a cul-de-sac or curve) 1.3.3 As amenities for the subject planned development, construct: two tot lot areas, one on Lot 10, Block 2, and one on Lot 12, Block 1; provide 12% of the site for useable open space; and provide a micro -path to the west property line, from Street 3. 1.3.4 At the public hearing the applicant shall provide rear elevations for the multi -family units, depicting how the units will look from Eagle Road and Victory Road. Construction within Medford Place Subdivision shall substantially comply with the elevations submitted by the applicant, as shown in Exhibit A. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Building Code. 1.3.5 At the public hearing, the applicant shall clarify how each multi -family dwelling unit will be provided with the required 100 square -feet of useable private open space. Provide at least 100 square -feet of useable private open space, such as a patio or deck, for each multi -family unit. 1.3.6 Provide parking for the multi -family dwelling units in accordance with MCC 11-13. 1.3.7 No multi -family building shall be erected without a Certificate of Zoning Compliance (CZC) issued by the Planning Department. NOTE: A CZC application may include multiple buildings and the parking lot(s). 1.3.8 Incorporate site elevations provided by the applicant, which were included in his testimony, as samples for the elevations of the four-plex units. Each building exterior shall include a variety of materials and colors and use such accent items as roc stone or brick in combination with stucco or other appropriate siding material . shall inelude ft. -ms sueh as Foe6 stone. 2. Public Works Department 2.1 Sanitary sewer for this development is being proposed via extensions of a main located in South Eagle Road. The applicant shall be responsible for the installation of mains to and through this proposed development, coordinate main size and routing with Public Works. 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. 2.2 Water service to this site is being proposed via extension of mains adjacent to the site in South Eagle Road. The applicant shall be responsible to install mains to and through this proposed development, coordinate main size and routing with the Public Works Department. 2.3 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. Exhibit B — Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.4 The preliminary plat indicates a ditch bisecting this property; the applicant shall pipe this ditch and provide written approval of the design by the end users of the ditch. Written approval shall be submitted prior to plan approval. 2.5 Remove any existing structures prior to signature on the final plat by the City Engineer. 2.6 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. 2.7 Due to existing topography, applicant shall submit a Master Grading and Drainage plan as part of the development plans. The Master Grading and Drainage plan shall design the lots to drain in a way that minimizes the effect of runoff to existing neighbors and the newly platted lots. The plan shall include at a minimum the following: a. Finish grade elevation at each lot comer. b. Drainage flow patterns on all lots. c. If structural fill is to be placed on any lot, material specifications and compaction requirements shall be detailed. 2.8 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the four-plexes will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary ;applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing shall be 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. 2.10 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. 2.11 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. 2.12 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. Exhibit B — Page 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 2.13 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 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 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 City Ordinance 12-- 13. Plans shall 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, plans shall be reviewed and approved by the meridian City Engineer prior to fmal plat signature. 2.21 Two -hundred -fifty and 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. 2.22 Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 3. Fire Department 3.1 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' 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 %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. Exhibit B — Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 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. i. Fire sprinklers required for four-plexes. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane'. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 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. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 The first digit of the Apartment/office Suite shall correspond to the floor level. 3.10 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.11 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.12 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). 3.13 All R-2 occupancies with 3 or more units or with 3 floors shall be required to be fire sprinklered. 4. Police Department 4.1 Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi -family development to the Planning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The fagades of the multi -family buildings shall include windows that look onto the parking areas and/or other public areas. Exhibit B — Page 6 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 4.3 The proposed multi -family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.2 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 Waste enclosure locations: There is a concern that the enclosures are not located to minimize service vehicle backing -up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing -up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the next public hearing. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 Dedicate right-of-way on Eagle Road to total 48 -feet from the centerline of the roadway. The applicant shall be reimbursed for 23 -feet of right-of-way with impact fee and corridor preservation funds. 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. 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 #200), if funds are available. 7.2 Provide a road trust for sidewalk on Eagle Road in the amount of $6,300 (approximately 300 - feet) associated with the intersection project. 7.3 South of the project boundaries on Eagle Road, construct a 5 -foot wide concrete sidewalk, with the back of walk located a minimum of 41 -feet from centerline. Coordinate the location of the sidewalk with the ACHD plans for the intersection. 7.4 Provide a road trust for sidewalk on Victory Road in the amount of $5,240 for the Victory Road frontage that is included in the intersection signalization/widening project. 7.5 Construct a public street to access the site near the south property line, as proposed in the revised submittal. 7.6 Construct the internal public streets as 34 to 36 -foot street sections with curb, gutter and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way. Provide written approval from the Meridian Fire Department for any roadway less than 36 -feet in width. Exhibit B — Page 7 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 7.7 Construct a stub street to the property to the south, as proposed. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.8 Construct a stub street to the property to the west, as proposed in either scenario. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.9 Provide a minimum turning radius of 45 -feet for all public street turnarounds. 7.10 All 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. 7.11 Traffic islands shall be constructed with a minimum area of 100 -square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 21 - foot street section. The design shall be reviewed and approved by ACHD's Development staff. 7.12 Direct lot or parcel access to Eagle Road and Victory Road is prohibited and shall be noted on the final plat. 7.13 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.14 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.15 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.16 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.17 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. 7.18 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.19 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.20 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. 7.21 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Exhibit B — Page 8 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 7.22 Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.23 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. 7.24 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.25 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 — Page 9 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 C. Legal Descriptions 5T- IDAHO 1450 EastN%tereower St s SURVEY Seise ISO GROUPdaho a Me, ldia I 93e42 PhD- (208) a46-8570 Fax (208) 884-5899 Pyaject No, 05-151 Annexation Description November 9, 2005 Medford Place Subdivision A parcel of land located in the NE 114 ofthe NE 1/4 of Section 29, 1'.3N,, R.I F„ l3.Al., Ada County, Idaho, more particularly described as follows: BEGINNING at the curlier Common to Sections 20, 21; 28, and the said Section 261; Thence along the East line of said Section 29 South 00a27144n West, 96().88 feet; Thence departing said line North 89037-021, West, 670.98 feet to a point on the East fine of Messina IM19 Subdivision No. 1, as same is recorded in Book 87 of Plats at Dago 9829, records of Ada County, Idaho; 1'h"Ic atlong said Fast line North 0()028'30" Fast„ 300.37 feet; Thence departing ,said line South 89`37'26'° Fast, 340.91 Feet; Thence North 00027144" East, 660.50 feet to is Section 29; point on the North line of said 1110nee along said line South 8903645^ Fast, 330.00 Feet to the point of Beginning. Containing 9.63 acreo, mord or less. Prepared By: D. Teary i'eugh pLS F'eOfossl real hand Suj4v,-yCr$ Exhibit C - Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 Exhibit C — Page 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 Projecl No. 05-151 Victory — Fogle RUT to R-$ 1450 EastWfacertawer St Suite I So Meridtati, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 October 7, 2005 A Parcel of land located in the NE 1/4 of the NI-, 1/4 of Section B -M., Ada Colinty, Idaho0 29, T -3N., R� I E., , More particularly described as follows: Cotnm . encing at the corner common to Sections 20, 21, 28, and the said Section 29, from which the 114 corner coramon to said -Sections 28 and 29 bears South 00-27-44" gest, 2{41.$7 feet; Thence South 00027'44" West, 916.91 feet to the REAL POM OF BEGINNTMG. Thence continuing South 0027'44" West, 43.97 feet; Thence North 89037'02" West, 670.98 feet to a point on the Fast line of tvIessirla 11ills Subdivision No. 1, as same is recorded in Book 87 of Plats at page 9829, records of Ada County, Idaho; Thence along said Fast line North 00029'30" East, 300.37 feet; Thence departing said line South 89a37'26" Fast, 340.91 feet, Thence North 00'271441, East, 473.95 limt; Thence South 89"32'16" East, 87.18 feet; '11wnce South 5703 I'MY'East, 50.50 feet; Thcnce South 00027'44" West, 703.43 Feet; Thence South 89037102" East, 200.00 feet to the point of Beginning. Containing acres, more or less. Prepared By: Professional .and Surveyors Exhibit C — Page 3 CITY OF MERIDIAN PLANNING D� TMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 1450 East%tertower St Suite 150 Meehan, Idaho 83642 MGM (208)846-8570 -- — --- Fax (248) 884-5399 Project No. 05-151 October 7, 2005 Victory-- Eagle RUT to R-15 A parcel of land located in the NE 174 of the NE 114 of Section 29, T.3N., .fi.113., B M., Ada County, Idaho, More particularly dewnbW as follows; B GIlVN1NC: at Ilte corner comtnon to Sections 20, 21, 28, and the said Section 29; Thence along the East line ofsaid. Section 29 South 00027'44" West, 916,91 tc,04 Thence departing said Each: line North $9037'02" West, 200.00 feet; acme North 00°27'44" East, 703.43 feet; Thence North 57°31'30" West, 50.50 feet; Thence North 89-32-161, West, 87.18 fust; '11tence North 00°2T44" mast, 18656 fetet to a, point can the North line of said Section 29; Thence along said line South 89036'45" last, 330.00 feet to the Point of ing. Containing 4.75 acres, more orkms. D. TerryPeugl,6 PL,S Professional Land Surveyors Exhibit C - Page 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 aJ t i �q �4�g f a � r• 3 1 Y ......_a�..®...................�. Fo 00 — Exhibit C — Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 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. 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. 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 uses are allowed within the requested zoning district of R-8. Multi -family structures (apartment houses) are allowed in the requested R-15 zone with conditional use permit approval. The applicant is requesting to modify some of the dimensional standards of the R-8 zone and has submitted a conditional use permit to modify these standards and obtain approval to construct multi -family structures in the R-15 zone. 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 residential developments in this area have recently been approved for development similar to the proposed subdivision. This segment of Eagle Road (Victory Road to Amity Road) is included in the ACHD's Capital Improvements Plan. This segment of Eagle Road is anticipated to be improved to 3 traffic lanes with vertical curb, gutter and a 5 -foot detached concrete sidewalk within a total of 70 feet of right-of-way in the year 2011-2015. The intersection of Eagle Road & Victory Road is included in the ACHD's Five Year Work Program. The intersection is anticipated to be reconstructed and widened to 5 lanes on all legs, including curb, gutter, sidewalks and bike lanes. This project is programmed to take place with the Eagle Road/Victory Road to Ridenbaugh Canal (north of Victory Road) in the year 2007. City Council 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; Exhibit D —Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA• F DECEMBER 15. 2005 City Council fords that the proposed density meets the anticipated range for a medium density urban project. City Council finds that some of the existing parcels in the area have already been approved for development with similar densities and allowances; alternate products and designs are encouraged. City Council also finds that the proposed zoning and 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. City Council does not find that the proposed uses will adversely change the essential character of area. The Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be developed as proposed. 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. The Commission and Council should rely on any public testimony (oral and written) when determining whether or not the proposed uses will be disturbing or hazardous to the existing or future neighboring uses. 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. ACRD has submitted a staff report with site specific and standard conditions as attached in Exhibit B. On September 16, 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, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. 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. Exhibit D — Page 2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 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 a residential subdivision 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, City Council 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. 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; The applicant is proposing to construct one public street access into the site from Eagle Road. ACHD is supportive of the proposed entry street and all internal streets. If is designed and constructed as approved by the ACHD and the City, City Council 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. City Council 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. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? Allowing split zoning of this property, with the single-family homes zoned R-8 and the multi- family dwellings zoned R-15, will allow housing diversity in this area. 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 with similar density have already been approved for development in this area and this is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that annexation and zoning of this nronerty would be in the best interest of the City. 2. Preliminary Plat: 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: Exhibit D — Page 3 CITY OF MERIDIAN PLANNING DEA•ARTMENT STAFF REPORT FOR THE HEARING DATE ATE OF DECEMBER 15, 2005 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. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issuesin their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. CUP Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage and lot sizes requirements of the R-8 zone. City Council finds that the subject Property is large enough to accommodate the requested use and all other required ordinance features. B• That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; City Council fords that the proposed residential subdivision is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential" (provided the Council grants the requested planned development and step up in residential density). Please see Annexation and Zoning Findings A. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Exhibit D — Page 4 CITY OF MERIDIAN PLANNING DE•TMENT STAFF REPORT FOR THE HEAR • HEARING DATE OF DECEMBER 15, 2005 Please see Annexation and Zoning Findings E. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; The Commission and Council rely upon public testimony, staff's analysis, and other agency comments when determining if the proposed uses will adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation and Zoning Findings G and H, the Other Agency/Department Comments and Conditions in Exhibit B, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed use 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; Please see Annexation and Zoning Findings H. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Findings I. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation and Zoning Findings J. The Commission and Council should review any comments received from the ACHD and/or ITD regarding this project when determining this finding. I• That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation and Zoning Findings K. 4. Planned Development Findings: Upon recommendation of the Commission, the Council may authorize specific uses not normally permitted by the use regulations of the zone in which the development is located. In granting such authorization, the Commission and Council shall make the following findings: A. The uses permitted by the exception are strongly related to the principal use of the development, and have the purpose of providing services or facilities useful or complementary to the primary use. Exhibit D — Page 5 CITY OF MERIDIAN PLANNING DEPTMENT STAFF REPORT FOR THE HEARING DA•F DECEMBER IS 2005 The proposed single-family uses and multi -family uses are allowed, either principally or with a CUP, within the proposed zones. A use exception is not required for this development. B. No more than twenty percent (20%) of the total area of the project shall be devoted to the uses permitted by the exception. The percentage of use exception allowed will be determined by the commission and council based upon the size of the project and intensity of the use exceptions. The proposed single-family uses and multi -family uses are allowed, either principally or with a CUP, within the proposed zones. A use exception is not required for this development. C. The development will be phased so that construction of the excepted use or uses will be justified by construction of all or a proportionate amount of the principal or primary use or uses. The applicant has not indicated a phasing plan for this development. At full build out, City Council finds that the construction of the multi -family residential buildings will be in good proportion to the amount of single-family residential being constructed in the area. D. The uses permitted by the exception are integrated into the overall project by: 1. Being located in proximity to and within convenient walking distance of the primary uses. City Council finds that the proposed sidewalk system and a micropath to the school site will allow residents to walk throughout the development and to adjacent developments. 2. Utilizing one or more of the main vehicular accesses to the primary use site as the main access to the exception site or interconnection through a system of private roadways and/or pathways. Both the multi -family and the single-family dwellings will share the proposed roadway system. 3. Providing pedestrian and bicycle pathway connections with the primary use site. See Findings "D1" above. 4. Orienting buildings on the exception site to facilitate vehicular and/or pedestrian access from the primary use site. City Council finds that the orientation of the multi -family buildings should be towards the internal streets. The applicant, at the public hearing state how they plan to orient the multi family buildings on the lots and provide rear elevations for the multi family buildings 5. Continuing architecture, landscaping, and building bulk concepts from the primary use into the use of the exception site so they are consistent and harmonious throughout the development. City Council recommends that the construction of the multi -family and the single-family homes be consistent in construction materials and architectural features. The applicant at the public hearing, should state how they plan to integrate the look of the multi -family buildings with the single-family buildmgs (specific features on the buildings) E. The use(s) permitted by the exception are neighborhood- or community -serving in size and character and not regional, and are not detrimental to adjacent neighborhoods in location and character. City Council finds that the size and character of the multi -family proposed is appropriate to serve the community and should not be detrimental to adjacent neighborhoods. Exhibit D — Page 6 E, January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT Dyver Development, LLC ITEM NO. S -H REQUEST Findings for Approval — Request for Conditional Use Permit for a Planned Development for Medford Place Subdivision that includes reductions to the minimum CUP 05-044 requirements for lot size and street frontage for Medford Place Subidivision 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 Findings for Approval mlryB re - Contacted: lahawn Mae' Date: Phone: Emailed: Skr111 14Vk Mw_ NCS' St Initials: <r - Materials presented at public meetings shall become property of the City of Meridian. JAN 2 0 2000 City Of,, ridian Ca,r� Office �`c CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 9.63 acres from RUT to R-8 (Medium Density Residential) for 4.85 acres and R-15 (Medium High -Density Residential) for 4.78 acres AND Preliminary Plat approval request for 29 residential lots and 8 common lots on 8.57 acres AND Conditional Use Permit for a Planned Development consisting of 22 single family homes and 7 four -plea buildings (apartment houses) with reductions requested to the minimum street frontage and lot size for Medford Place Subdivision, by Dyver Development, LLC. Case No(s).: AZ -05-042, PP -05-043 and CUP -05-044 For the City Council Hearing Date of: January 10, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 10, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 10, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 10, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 10, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-042 / PP -05-043 / CUP -05-044 - PAGE 1 of 5 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, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 10, 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 July 7, 2005 (Revised 9-22-05) is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 7, 2005 (Revised 10-4-05) is hereby conditionally approved; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. Condition 1.3.8 should read: "Incorporate site elevations provided by the applicant, which were included in his testimony, as samples for the elevations of the four-plex units. Each building exterior shall include a variety of materials and colors and use such accent items as rock, stone, or brick in combination with stucco or other appropriate siding material." b. The fourth bullet of Condition 1.1.9 should read: "The applicant has agreed to concentrate more of the trees and the bushes and the shrubs on Victory with heavier landscaping, as to not see a sea of asphalt in the parking areas from the road. Also, the applicant agrees to try and concentrate landscaping around the trash enclosures, which will be in the rear of the project closest to Victory, with trees and differing vegetative screening." CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-042 / PP -05-043 / CUP -05-044 - PAGE 2 of 5 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 10, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-042 / PP -05-043 / CUP -05-044 - PAGE 3 of 5 0 f E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 10, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-042 / PP -05-043 / CUP -05-044 - PAGE 4 of 5 0 • By action of the City Council at its regular meeting held on the day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: G. Berg, Jr., City Copy served upon Applicant, Attorney. VOTED_#!�� VOTED VOTED VOTED VOTED Mayo `\ b0p Weerd d .rk i v y \ R� The PI iiil l nes'� �blic Works Department and City J By: YLAY Dated:_ (-;)C�-up City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-042 / PP -05-043 / CUP -05-044 - PAGE 5 of 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 STAFF REPORT Hearing Date: 1/10/2006 TO Mayor & City Council FROM: Craig Hood, Current Planning Manager SUBJECT Medford Place Subdivision AZ -05-042 Annexation and Zoning of 9.63 acres from RUT to R-8 (Medium Density Residential) for 4.85 acres and R-15 (Medium High -Density Residential) for 4.78 acres. PP -05-043 Preliminary Plat approval request for 29 residential lots and 8 common lots on 8.57 acres. CUP -05-044 Conditional Use Permit for a Planned Development consisting of 22 single family homes and 7 four-plex buildings (apartment houses) with reductions requested to the minimum street frontage and lot size. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dyver Development, LLC, has applied for Annexation and Zoning (AZ), Preliminary Plat (PP), and Conditional Use Permit for a Planned Development (CUP/PD) consisting of 29 building lots and 8 common/other lots on 8.57 acres. The site is located on the west side of Eagle Road, and on the south side of Victory Road. This site is currently rural residential with one single-family residential building and accessory buildings. The site has not been previously platted. The subject property is within the Urban Service Planning Area and the City of Meridian Area of Impact. NOTE: These applications were originally submitted prior to the City adopting the Unified Development Code (UDC). This project is being reviewed under the previous development provisions of Titles 11 and 12 of Meridian City Code (MCC). 2. SUMMARY RECOMMENDATION SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on December 15, 2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Kevin Amar (applicant's representative), Bob Aldridge ii. In opposition: None. iii. Commenting: Mark Hartenstein, Chantelle Krasinski iv. Staff presenting application: Craig Hood v. Other staff commenting on application: Brad Hawkins -Clark, Ted Baird b. Key Issues of Discussion by Commission: i. Elevations and construction materials for the 4-plexes. ii. Traffic near the Eagle Road/Victory Road intersection. iii. Fencing. c. Key Commission Changes to Staff Recommendation: i. Add Condition 1.3.8 to Exhibit B to read: "Incorporate site elevations provided by the applicant, which were included in his testimony, as samples for the elevations of the four-plex units. Each building shall include items such as rock, stone, brick, stucco or masonite." Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 1 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 ii. Modify Condition 1.1.9 of Exhibit B by adding the following bullet item: "The applicant has agreed to concentrate more of the trees and the bushes and the shrubs on Victory with heavier landscaping, as to not see a sea of asphalt in the parking areas from the road. Also, the applicant agrees to try and concentrate landscaping around the trash enclosures, which will be in the rear of the project closest to Victory, with trees and different obscuring things." iii. Modify Condition 1.1.4 of Exhibit B to include the applicant's proposal to construct a 6 -foot tall, vinyl fence along Victory Road and Eagle Road. d. Outstanding Issue(s) for City Council: i. None. The subject applications (AZ, PP, and CUP/PD) were submitted to the Planning Department for concurrent review. These applications were continued from the October 6, 2005 and December 1, 2005 Planning and Zoning Commission hearings. The applicant has complied with the City's requirement to submit a revised Annexation and Zoning application, prior to final Commission action. The revised application requests a split zoning of the property. R-8 zoning is proposed for the area containing single- family homes, and an R-15 zone is proposed for the multi -family portion of the development. Below, staff has provided a detailed analysis regarding the requested Annexation and Zoning, Preliminary Plat and Conditional Use Permit applications. The Planning & Zoning Commission is recommendingrp oval of the proposed Medford Place Subdivision (AZ -05-042 PP -05-043 and CUP -05-044) with the conditions listed in Exhibit B of the Staff Report. 3. PROPOSED MOTION (to be considered after the public hearing) Approval I move to approve File Numbers AZ -05-042, PP -05-043 and CUP -05-044 as presented in staff report for the hearing date of January 10, 2005 with the following modifications: (Add any proposed modifications.) Denial I move to deny File Numbers AZ -05-042, PP -05-043 and CUP -05-044 as presented in the staff report for the hearing date of January 10, 2005 for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers AZ -05-045, PP -05-048 and CUP -05-046 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: 3335 S. Eagle Rd. / SWC of Eagle & Victory / 3NIE29 b. Owner: Dyver Development, LLC 36 E. Pine Street Meridian, Idaho 83642 c. Applicant: Dyver Development, LLC Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 2 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 36 E. Pine Street Meridian, Idaho 83642 d. Representative: Shawn Nickel, Land Consultants, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for annexation and zoning of the subject 9.6 acres to R-8 and R-15, preliminary plat approval of 29 buildable lots, and conditional use permit approval for a planned development that includes 22 single-family homes and 7 four-plexes (28 units). The applicant is requesting reductions to the minimum lot size and minimum street frontage requirements of the R-8 and R-15 zone. Please note that this application was submitted prior to adoption of the Unified Development Code (UDC). All of the street frontages and lot sizes of all the proposed lots comply with the UDC, but not the old dimensional standards established in Title 11 which this project is being reviewed under. A gross density of 5.83 dwelling units per acre is proposed. As amenities, the applicant is proposing to set aside 1.74 acres for open space (usable open space = 1.02 acres (12%)), construct two tot lot areas and provide a micropath to the future school site to the west. Access to the development is proposed from one public street access to Eagle Road. NOTE: Due to concerns from neighbors in this area, the ACRD has allowed the applicant to shift the entrance into the site to the south. The applicant has submitted a revised preliminary plat that proposes a public street access near the south property line. Two common lots have been removed and other modifications have been made. Staff's analysis is based upon the revised Preliminary Plat prepared by Bailey Engineering. Inc., dated 7-7-05, revised on 9-22-05, the PD Site Plan prepared by Bailey Engineering, Inc., dated 7-7-05, revised on 10-4-05, and the revised 3 -page Landscape Plan prepared by The Land Group, Inc, dated 11-07-05. 1. Date of preliminary plat (attached as Exhibit Al): 07/07/05 (Revised on 09/22/05) 2. Date of CUP site plan (attached as Exhibit A2): 07/07/05 (Revised on 10/4/05) 3. Date of landscape plan (attached as Exhibit A3): 11/07/05 h. Applicant's Statement/Justification (see Applicant's Letter): The enclosed applications have been submitted in accordance with the requirements of the Meridian Zoning Ordinance. The development has also been designed to be in compliance with the intent of the Meridian Comprehensive Plan. This development meets the purpose statement for a PD by providing a development that preserves scenic features, provides a more efficient pattern of residential uses, fosters innovative design concepts and provides for both common open space and amenities not found in traditional developments. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning 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. The subject application will in fact constitute a planned development as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 6, a public hearing is required before the City Council on this matter. Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 3 ® 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 d. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: September 19, 2005 and October 3, 2005 and November 28, 2005 and December 12, 2005 (for P & Z Commission meeting), and December 19, 2005 and January 2, 2006 (for City Council meeting) f. Radius notices mailed to properties within 300 feet on: September 9, 2005 and November 18, 2005 (for P & Z Commission meeting), and December 16, 2005 (for City Council meeting) g. Applicant posted notice on site by: September 26, 2005 and December 5, 2005 (for P & Z Commission meeting), and December 31, 2005 (for City Council meeting) 6. LAND USE a. Existing Land Use(s): There is an existing house and outbuildings located on the northern part of this site. The southern part of the site is being used for agricultural purposes. b. Description of Character of Surrounding Area: This area has historically been used for rural residential purposes. Over the past few years several developments south of Victory Road have been approved by the City. Tuscany Village, Messina Hills, Kingsbridge Subdivision, and Maxfield Subdivision have all been recently approved in this area. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning 1. North: Rural residential, zoned R-1 (Ada County) 2. East: Rural residential, zoned RUT (Ada County); Approved Maxfield Subdivision, zoned R-8 3. South: Rural residence on 5 -acres, zoned RUT (Ada County) 4. West: Rural residential, zoned RUT (Ada County); Messina Hills Subdivision, zoned R-4; Future elementary school, zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is located in Eagle approximately 320' from this development. Location of water: Water is readily available in Eagle road, adjacent to the site. Issues or concerns: Existing topography provides some grading challenges. 2. Vegetation: There are some existing trees on this site that should be protected or mitigated for. The rest of the vegetation on site is for agricultural purposes. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: There is one irrigation ditch that bisects this property. The applicant is proposing to cover this ditch. S. Hazards: Staff is not aware of any potential hazards on this site. 6. Proposed Zoning: R-8 (Medium Density) and R-15 (Medium High Density) 7. Size of Property: 9.63 acres Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 f. Subdivision Plat Information 1. Residential Lots: 29 2. Non-residential Lots: N/A 3. Total Building Lots: 29 4. Common Lots: 6 5. Other Lots: N/A 6. Total Lots: 35 7. Open Lots: N/A 8. Gross Density: 5.83 units per acre (net 7.7 d.u./acre) g. Landscaping 1. Width of street buffer(s): A 25 -foot wide street buffer is proposed along both Victory Road and Eagle Road. Victory Road is classified as a collector roadway and Eagle Road is classified as an arterial roadway. City Code requires a 20 -foot wide buffer along collector streets and a 25 -foot wide buffer along arterial streets (MCC 12- 13-10-4). Street buffers are not required on any of the internal, local streets. Staff is supportive of the street buffer widths proposed. 2. Width of buffer(s) between land uses: A 20 -foot wide landscape buffer is required between multi -family uses and single-family residential zones/uses. The applicant is proposing a 36 -foot wide (varies) landscape lot on the south side of the multi -family lot (Lot 8, Block 2). A 20 -foot wide landscape buffer should be required along the west property line of Lot 8 Block 2 as well No other land use buffers apply to the proposed development. See Other landscaping standards below. 3. Percentage of site as open space: 1.74 acres/20% (including street buffers) and 1.02 acres/12% (excluding street buffers). 4. Other landscaping standards: The landscape buffers along Eagle Road and Victory Road should be constructed in accordance with MCC 12-13-10. The land use buffers should be constructed in accordance with MCC 12-13-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (MCC 12-13- 16-5). h. Conditional Use Information 1. Non-residential square footage: N/A 2. Proposed building height: The R-8 zone allows a 35 -foot tall building, the R-15 zone allows a 40 -foot tall building. 3. Percentage of site devoted to building coverage: N/A 4. Percentage of site devoted to landscaping: 20% Percentage of site devoted to other uses: Originally the applicant requested to construct multi -family dwellings (apartment houses) within the R-8 zone. MCC 11-8- 1 prohibits apartment houses in the R-8 zone; the applicant has submitted a revised Annexation and Zoning application requesting that approximately half of the entire 9.6 acres proposed for annexation be zoned to R-15 for multi -family dwellings (apartment houses). Apartment houses are a conditional use in the R-15 zone. Please see Analysis below for more information. Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 6. Number of Residential units: Fifty (50) i. Amenities: 12% useable open space, 2 tot lots, micropath to school site. j. Off -Street Parking (Multi -Family): 1. Parking spaces required: 2 for each unit; 56 stalls 2. Parking spaces proposed: 70 stalls 3. Compact spaces proposed: 0 4. Off-site parking proposed: No k. Proposed and Required Residential Standards: 20 R-8 20 Setbacks (in feet) Proposed Front Living Area 15 Side Accessed Garage 15 Front Accessed Garage 20 Street side 20 Side 5 Rear 15 Frontage 50 Lot Size 5,000 R-15 Setbacks (in feet) Proposed Front Living Area 20 Side Accessed G NA Required 15 15 20 20 5 15 65 6,500 Required 20 i e ccesse Garage 15 Front Accessed Garage NA 20 Street side 20 20 Side 5 (per story) 5 (per story) Rear 15 15 Frontage 50 50 Lot Size 2,400 (per D.U.) 10,920 1. Proposed and Required Non -Residential: N/A m. Summary of Proposed Streets and/or Access: The applicant is proposing one public street access to Eagle Road; no access is proposed to Victory Road. To allow for Falcon Drive, across Eagle Road to function without conflict, the applicant is proposing to construct the main street into the site near the south property line. The applicant is proposing one stub street to the west and one stub street to the south. All streets are proposed 34 -feet wide (measured back of curb to back of curb) and have attached 5 -foot wide sidewalks. All streets will be public and will be constructed, along with curb, gutter and sidewalks, to the Ada Coutny Highway District's standards. Staff is supportive of the proposed street system. For a detailed Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 6 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 report on the public streets and access points to public streets, please see the ACHD report and Exhibit B. 7. COMMENTS MEETING On September 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 as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium Density Residential areas are anticipated to contain between three and eight dwelling units per acre (net). As allowed by Note #2 on the face of the Future Land Use Map the applicant is requesting a step up in density and zoning designation, from medium to high. for approximately 1/2 of the subject area proposed for multi -family in the R-15 zone. A Comprehensive Plan Map amendment is not required for the City to process the applicant's request for the R-15 zoning designation. The overall net density of the project is 7.7 dwelling units per acre (5.83 gross d.u./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 anner.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 (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. Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 • 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 residential development. The existing residential properties to the north, south, east and west and the planned elementary school site 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 proposal includes both single-family and multi family housing types and smaller residential lots while still maintaining a density consistent with the requested R-8 and R -IS zones (overall 7.7 d.u./acre (net)). • Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) The products for the site include detached single-family residences and multi family apartment houses (four plexes). Stafffinds that two housing types are appropriate for a development of this size. Staff also notes that this appears to be a successful integration of multi family and single-family residences. • 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 provide stub streets to the unplatted 5 -acre parcels to the west and south. City staff and ACRID are supportive of the connectivity plan for this area (see AChD staff report 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) Except for the multi family lot (Lot 8, Block 2), the applicant has proposed a development in which the single-family lots in the development are adjacent to other single-family lots and multi family lots are adjacent to other multi family lots. Staff recognizes that there are some existing low density residential land uses to the south and west and believes that a land use buffer should be provided between any multi family that is proposed adjacent to single-family (west). See Exhibit B below. • 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. • Require new residential development to provide permanent perimeter fencing to contain Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 8 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. (Chapter VII, Goal I, Objective D, Action 9) The applicant is proposing a 6 -foot solid fence along the west boundary. A 4 -foot solid fence is proposed adjacent to common lots. If permanent fencing is not provided around the entire perimeter of the site, the applicant should be required to install temporary construction fencing to contain debris. • Restrict curb cuts and access points on collectors and arterial streets. (Chapter VII, Goal IV, Objective D, Action 2) Except for Street 1, access to Eagle Road and Victory Road should be prohibited. Staff finds that the proposed R-8 and R-15 zoning designations are generally harmonious with and in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on staff's analysis and any information provided during the public hearing process when determining if the proposed step up in zoning designation and density is appropriate for this site. 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. MCC 11-2-1 lists multi -family apartment houses as conditional uses in the R-15 zoning district. b. Purpose Statement of Zone: R-8 Medium 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 two-family dwellings in well-established neighborhoods of comparable land use. Connection to the municipal water and sewer systems of the city is required. R-15 Medium High Density Residential District: The purpose of the R-15 District is to permit the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. c. General Standards: As part of the PD, the applicant is requesting modifications to the standard lot size, and street frontage requirements of the R-8 zone established in MCC 11-9-1. Other than the requested dimensional lot modifications, the proposed development substantially complies with all of the general standards of Titles 11 and 12 of Meridian City Code. NOTE: All of the proposed dimensional standards comply with the recently adopted UDC standards for the R-8 zone. d. Specific Use/Application Standards: MCC 12-6-2.A.4 requires all residential planned developments to provide each dwelling unit with 100 square -feet of useable private open space, such as a patio or deck. Therefore, the applicant should clarify, at the public hearing how private useable open space will be provided for each multi -family Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 9 0 ! CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ 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 a residential subdivision. Please see Exhibit D for detailed analysis of the required facts and findings. The annexation legal description (stamped on November 9, 2005 by D. Terry Peugh, PLS) as well as the R-8 and R-15 zone descriptions (stamped on October 7, 2005 by D. Terry Peugh, PLS) submitted with the application shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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. 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: The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Ditches, Laterals, and Canals: There is an irrigation lateral that bisects this parcel. Per MCC 124-13, 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. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to 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 MCC 12-13-8 and MCC 9-1-28. Fencing: The applicant is proposing to construct a six-foot tall solid fence along the western and northern (not adjacent to Victory Road) property lines. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4- 10.17.3). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 10 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 permit. All fencing, including adjacent to common lots and streets, should be installed in accordance with City Code. Existing Residences/Buildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings shall be removed or relocated, prior to signature of the final plat by the City Engineer. Connectivity: The applicant is proposing to construct a pedestrian connection to the future elementary school site to the west. Staff believes that a micropath should be provided from Street 3 to the west property line, through the common Lot 12, Block 1, as proposed. All micropaths shall be constructed at least 5 -feet wide, with 5 feet of landscaping on each side of the path (MCC 12-13-15-3). Land Use Buffers: MCC 12-13-12 requires landscape buffers between different land uses. Per MCC 12-13-12-4, a 20 -foot wide landscape buffer is required between single-family homes (Class 1) and multi -family dwelling units (Class Il). Meridian City Code 12-13-12-2 requires the land use buffer to be provided by the higher intensity use and to be located on the building site of the higher intensity use, unless the adjacent and higher intensity use has not provided the buffer. The applicant should be required to construct a 20 -foot wide landscape buffer along the south and west property lines of Lot 8, Block 2. Said buffer shall contain materials in accordance with MCC 12-13-12-3 and not include impervious surfaces such as parking areas or driveways. CUP Application: The submitted Conditional Use Permit generally complies with the provisions established in the Zoning Ordinance. Staff is generally supportive of the proposed CUP/PD application, as it generally conforms to Title 12, Meridian City Code. Special Considerations: Requested Modifications: The applicant is requesting, through the Planned Development Ordinance, modifications to the standard requirements of Meridian City Code. The applicant is requesting to modify the minimum lot size and street frontage requirement of the single-family lots in the R-8 zone. Twenty of the twenty-two buildable lots are below the 6,500 square -foot minimum lot size of the R-8 zone. Twelve of the proposed lots do not meet the minimum street frontage requirement of the R-8 zone (65 -feet). Amenities & Open Space: MCC 12-13-16-2 requires all multi -family residential planned developments to provide common open space that equals or exceeds ten percent of the gross land area. The applicant is proposing to set aside 12 acres (1.02 acres) for open space (excluding street buffers). Only 5% open space is required for single-family developments by Code (MCC 12-13-16-2). Other amenities include two tot -lot areas and a micropath to the school site (see below). Staff recommends that the Commission determine whether or not the proposed amenities are appropriate to the size and uses of the proposed development. Tot Lot Location: On the original site plan and landscape plan, a tot lot area was shown near the center of the development. With the revisions, the common lot area has been removed and the applicant has proposed two new tot lot areas, one on Lot 10, Block 2, and one on Lot 12, Block 1. Staff is supportive of the location of the proposed tot lot areas. Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 11 0 r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 10, 2006 Elevations: The applicant has submitted one sample elevation for the apartment houses proposed. The multi -family buildings resemble a big house and all four of the units have a shared entry into the building, with individual doors off of the common entry (see submitted elevation). Each building will include some stucco, brick, or rock. Staff is generally supportive of the multi -family building. Each apartment house shall substantially comply with the sample elevation provided and have an element of architectural relief such as stucco, brick or rock and include vinyl shutters. As requested at the previous Commission meeting,ta Uglicant should provide elevations for the back sides of the units depicting how the units will look from Eagle Road and Victory Road. Dumpster Locations: The applicant has not indicated on the submitted landscape plan where the dumpsters for the four-plexes will be located. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing -up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the City Council hearing. Private Useable Open Space: MCC 12-6-2.A.4 requires all residential planned developments to provide each dwelling unit with 100 square -feet of useable private open space, such as a patio or deck. In accordance with City Code, each multi -family dwelling unit should have 100 square -feet of useable private open space The applicant should clarify at the public hearing how this requirement will be met b. Staff Recommendation: Staff recommends approval of the subiect applications AZ -05- 042, PP -05-043, and CUP -05-044, with the conditions listed in Exhibit B of the Staff Report for the hearing date of December 15. 2005. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 7-7-05, Revised 9-22-05) 2. CUP Site Plan (dated: 7-7-05, Revised 10-4-05) 3. Landscape Plan (dated: 11-7-05) 4. Sample Elevations (auuroved by the Citv Council at the 1-10-06 hearing) 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 Descriptions D. Required Findings from Zoning Ordinance Medford Place Subdivision AZ -05-042, PP -05-043, CUP -05-044 PAGE 12 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 A. Drawings 1. Preliminary Plat (dated: 7-7-05, Revised 9-22-05) Exhibit A — Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 2. CUP Site Plan (dated: 7-7-05, revised 10-4-05) Exhibit A — Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 I Landscape Plan (dated: 11-7-05) di, hol"I Exhibit A — Page 3 4 LLI ID Cm Exhibit A — Page 3 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15. 2005 —1,4 j Exhibit A — Page 4 r, E IQ C —1,4 j Exhibit A — Page 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 Exhibit A — Page 5 tri — e — — gill V5. I if N loll Mium r4 = a. Z , . cl Exhibit A — Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 4. Sample Elevations (approved by the City Council at the 1-10-06 hearing) ;P a Exhibit A — Page 6 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 rtik�4' aA Jm r�tc- Exhibit A — Page 8 s V kz) 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -05-043) 1.1.1 The preliminary plat labeled as PP -1, prepared by Bailey Engineering, Inc., dated July 7, 2005, Revised 9-22-05 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -05-042) and Conditional Use Permit (CUP -05- 044) application shall also be considered conditions of the Preliminary Plat (PP -05-043). 1.1.2 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the City and the Irrigation District(s). Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.3 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 1.1.4 Any fencing adjacent to common Lot 12, Bock 1, Lots 7 and 10, Block 2, and all fencing adjacent to micropaths shall be restricted to either a 4 -foot tall solid fence or a 6 -foot tall open -vision fence (maximum). A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4-10.F.3). Construct a 6 -foot solid fence along the west and north property lines, as proposed. As proposed, construct a 6 -foot tall vinyl fence along Victory Road and Eagle Road. If permanent fencing is not provided around the entire perimeter, temporary construction fencing to contain debris must be installed prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1. 1.5 Prior to signature of the final plat by the City Engineer, all buildings shall be removed or relocated, as proposed. 1.1.6 Construct a 5 -foot wide micropath from the end of Street 3 to the west property line (school site), through Lot 12, Block 1, as proposed. In accordance with MCC 12-13-15-4, a 5 -foot wide landscape buffer shall be constructed on both sides of the pathway. All micropaths shall be constructed at least 5 -feet wide and include 5 feet of landscaping on each side of the pavement. 1.1.7 Maintenance of all common areas shall be the responsibility of the Medford Place Homeowners' Association. 1.1.8 Other than the public street access approved by ACHD, direct lot access to Eagle Road is prohibited. Exhibit B — Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 1.1.9 The submitted three-page landscape plan prepared by The Land Group, Inc., dated 11-7-05 is approved as submitted, with the following modifications/notes: • The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • Construct a 20 -foot wide landscape buffer on the south and west sides of Lot 8, Block 2. The required land use buffer to the south may be constructed within Lot 7, Block 2. Materials in said buffer shall be consistent with MCC 12-13-12-3. • Set aside at least 12% of the site for useable open space. 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. 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. • The applicant has agreed to concentrate more of the trees and the bushes and the shrubs on Victory with heavier landscaping, as to not see a sea of asphalt in the parking areas from the road. Also, the applicant agrees to try and concentrate landscaping around the trash enclosures, which will be in the rear of the project closest to Victory, with trees and differing vegetative screening. 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. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -05-043) 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 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.3 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.4 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.3 SITE SPECEFIC REQUIREMENTS --CONDITIONAL USE PERMIT (CUP -05-044) 1.3.1 The site plan prepared by Bailey Engineering, Inc., dated July 7, 2005, Revised 10-4-05, is approved, with the conditions listed herein. Applicant shall meet all of the requirements of the Annexation and Zoning (AZ -05-042) and Preliminary Plat (PP -05-043) as a condition of the Conditional Use Permit (CUP -05-044). 1.3.2 The project shall conform to the R-8 dimensional standards, except as follows: Exhibit B – Page 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 Lot Size - 5,000 sq. ft.(minimum) Lot Frontage - 50 feet (minimum)(on straight-away) 35 feet (minimum)(chord length on a cul-de-sac or curve) 1.3.3 As amenities for the subject planned development, construct: two tot lot areas, one on Lot 10, Block 2, and one on Lot 12, Block 1; provide 12% of the site for useable open space; and provide a micro -path to the west property line, from Street 3. 1.3.4 At the public hearing the applicant shall provide rear elevations for the multi -family units, depicting how the units will look from Eagle Road and Victory Road. Construction within Medford Place Subdivision shall substantially comply with the elevations submitted by the applicant, as shown in Exhibit A. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Building Code. 1.3.5 At the public hearing, the applicant shall clarify how each multi -family dwelling unit will be provided with the required 100 square -feet of useable private open space. Provide at least 100 square -feet of useable private open space, such as a patio or deck, for each multi -family unit. 1.3.6 Provide parking for the multi -family dwelling units in accordance with MCC 11-13. 1.3.7 No multi -family building shall be erected without a Certificate of Zoning Compliance (CZC) issued by the Planning Department. NOTE: A CZC application may include multiple buildings and the parking lot(s). 1.3.8 Incorporate site elevations provided by the applicant, which were included in his testimony, as samples for the elevations of the four-plex units. Each building exterior shall include a variety of materials and colors and use such accent items as rock, stone or brick in combination with stucco or other appropriate siding material 2. Public Works Department 2.1 Sanitary sewer for this development is being proposed via extensions of a main located in South Eagle Road. The applicant shall be responsible for the installation of mains to and through this proposed development, coordinate main size and routing with Public Works. Cover over sanitary sewer mains shall be no less than three -feet from fmish 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. 2.2 Water service to this site is being proposed via extension of mains adjacent to the site in South Eagle Road. The applicant shall be responsible to install mains to and through this proposed development, coordinate main size and routing with the Public Works Department. 2.3 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. Exhibit B — Page 3 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.4 The preliminary plat indicates a ditch bisecting this property; the applicant shall pipe this ditch and provide written approval of the design by the end users of the ditch. Written approval shall be submitted prior to plan approval. 2.5 Remove any existing structures prior to signature on the final plat by the City Engineer. 2.6 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. 2.7 Due to existing topography, applicant shall submit a Master Grading and Drainage plan as part of the development plans. The Master Grading and Drainage plan shall design the lots to drain in a way that minimizes the effect of runoff to existing neighbors and the newly platted lots. The plan shall include at a minimum the following: a. Finish grade elevation at each lot comer. b. Drainage flow patterns on all lots. c. If structural fill is to be placed on any lot, material specifications and compaction requirements shall be detailed. 2.8 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the four-plexes will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing shall be 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. 2.10 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. 2.11 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. 2.12 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. Exhibit B — Page 4 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 2.13 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-24. 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 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 City Ordinance 124- 13. Plans shall 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, plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. 2.21 Two -hundred -fifty and 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. 2.22 Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 3. Fire Department 3.1 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' 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 %i" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works spec. Exhibit B — Page 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 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. i. Fire sprinklers required for four-plexes. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 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. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.10 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.11 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.12 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). 3.13 All R-2 occupancies with 3 or more units or with 3 floors shall be required to be fire sprinklered. 4. Police Department 4.1 Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi -family development to the Planning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The facades of the multi -family buildings shall include windows that look onto the parking areas and/or other public areas. Exhibit B — Page 6 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 4.3 The proposed multi -family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.2 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 Waste enclosure locations: There is a concern that the enclosures are not located to minimize service vehicle backing -up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing -up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the next public hearing. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 Dedicate right-of-way on Eagle Road to total 48 -feet from the centerline of the roadway. The applicant shall be reimbursed for 23 -feet of right-of-way with impact fee and corridor preservation funds. 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. 7.2 Provide a road trust for sidewalk on Eagle Road in the amount of $6,300 (approximately 300 - feet) associated with the intersection project. 7.3 South of the project boundaries on Eagle Road, construct a 5 -foot wide concrete sidewalk, with the back of walk located a minimum of 41 -feet from centerline. Coordinate the location of the sidewalk with the ACHD plans for the intersection. 7.4 Provide a road trust for sidewalk on Victory Road in the amount of $5,240 for the Victory Road frontage that is included in the intersection signalization/widening project. 7.5 Construct a public street to access the site near the south property line, as proposed in the revised submittal. 7.6 Construct the internal public streets as 34 to 36 -foot street sections with curb, gutter and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way. Provide written approval from the Meridian Fire Department for any roadway less than 36 -feet in width. Exhibit B — Page 7 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 7.7 Construct a stub street to the property to the south, as proposed. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.8 Construct a stub street to the property to the west, as proposed in either scenario. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.9 Provide a minimum turning radius of 45 -feet for all public street turnarounds. 7.10 All 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. 7.11 Traffic islands shall be constructed with a minimum area of 100 -square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 21 - foot street section. The design shall be reviewed and approved by ACHD's Development staff. 7.12 Direct lot or parcel access to Eagle Road and Victory Road is prohibited and shall be noted on the final plat. 7.13 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.14 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.15 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.16 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.17 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. 7.18 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.19 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.20 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. 7.21 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Exhibit B — Page 8 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 7.22 Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.23 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. 7.24 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.25 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 — Page 9 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 C. Legal Descriptions IDAHO SURVEY GROUP Projekt No, 05-151 Annexation Description Medford Place Subdh-mon 1450 Em %tertawer St suite 150 Ml�rldlan, Idaho 83642 Phone (206) 846-1)570 FeX (208) W5399 November 9, 2005 A parcel of land located in the NE 114 of the NE 1/4 of Section 29, T.W, R.1 E:, B.M., Alia County« Idaho, more particularly described as fellows: BEGINNTNt ; at the c0nar common to Sections 20, 21, 28, and the said Section 29; Thence along the East line of said Section 29 South 00927'44" West, 9600.88 feet; Thence departing said lime North 99"37'02" West: 670.98 feet to a point on the East line of Messina hills Subdivision No. 1, as same is recorded in Book 87 of plats at Page 9829, records ofAda County, Idaho; Thence along said East line North 001"28'30" F,a_ct, 300.37 feet; Thence departing said We South 89037'26°' East„ 340.91 feet Thence North 00°27'44" Last, 660.50 feet to a point on the North line of said Section 29; Thence along said line South 9903645" East. 330.00 feel to the Point of Revnming. Containing 9.63 arras, more or less. Prepared By: Idaho Survey Gromp,P.C. D. Terry Peugh, PIS Pi-Ofessional Land Survmeyors Exhibit C — Page I 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 !S t b 6pgq{t jp�y� pc�By�[� V\� C� R• Y jt G `' L �/� l 60%avn A� I 4 ��`8� a Y j QQ E 8 ! aQn M1 i i I ,eros l .nom • ' I Exhibit C — Page 2 �!I eV v glt i 1 I� n'" ---- v i 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 IDAHO SURVEY GROUP 1450 East Wam-tower Sc, Suit ISO Meridlau, Idaho 83642 Phone (209) 846-8570 --- . Fax (208) 884-5399 Project No. 05-151 Victory — October 7, 2005 Eagle RUT to R- 8 A parcel of land located in the NE 1/4 of the NE 1/4 of Section 29, T.3N., R 1 E_ B -K. Ada County, Idaho, More particularly described as follows: Commencing at the co>'ner common to Sections 20, 21, 28, and the said Section 29, from which the 1/4 corner common to said Sections 28 and 29 bears South 00°27'44" West, 2611.87 feet; Thence South 00027144" West, 916.91 feet to the REAL POINT OF BEGINNING. Thence continuing South 00'2744" West, 43.97 feet; Thence North $9037'02" West, 670.98 feet to a point on the East line of Messina Mitis Subdivision No. 1, as same is recorded in Book 87 of Plats at Page 9329, records of Ada County, Idaho; 'Thence along said Fast line North 00"x8'30" East, 300.37 feet; Thence departing said line South 8903726" East, 340.91 feet; Thence ]Forth 00'27'44" East, 473.95 feet; Thence South 89032'16" East, 87,18 Feet; Thence South 57°31'30" East, 50.50 feet; Thence South 0027'44" West, 703.43 feet; Thence South 89°37'02" East, 200.00 feet to the Point of Beginning. Containing 4.85 acres, more or less. Prepared By-- Professional y: Professional Land Surveyors Exhibit C — Page 3 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 IDAH SURV :> Project No. 05-151 1454 Eat Watertower Sc Suite iso Meddian. Idaho 83642 Phom (208) 846-8570 Fie (208) 984-5394 October 7, 2005 Victory-1+J'oglc RUT to R-15 A parcel of land located in the NE 1/4 of the NE 1/4 of Section 29, UN, RIE., B.M., Ada County, Idaho, More particularly described as follows: BEGINNING at the co' common to Sections 20, 21, 28, and the said Section 29; Thence along the East line of said Section 29 South 00°27'44" West, 916.91 beet: Thence departing said Eaa line North 89°37'02" West„ 200.00 feet; Thrace North 00°27'44" East, 703.43 feet; Thence North 57031'30" West .50.50 - Thence North 89032'l 6" West, 87.18 feat; Thence North 0002T44" But, 18656 feet to a point on the North line of said Section 29; Thence along said lime South 89036'45" East, 330.00 feet to the point of Beginning. Containing 4.78 acres, more or less. D. Terry Peugh, PLS Professional rand Surveyors Exhibit C - Page 4 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 Exhibit C — Page 5 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 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. 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. 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 uses are allowed within the requested zoning district of R-8. Multi -family structures (apartment houses) are allowed in the requested R-15 zone with conditional use permit approval. The applicant is requesting to modify some of the dimensional standards of the R-8 zone and has submitted a conditional use permit to modify these standards and obtain approval to construct multi -family structures in the R-15 zone. 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 residential developments in this area have recently been approved for development similar to the proposed subdivision. This segment of Eagle Road (Victory Road to Amity Road) is included in the ACHD's Capital Improvements Plan. This segment of Eagle Road is anticipated to be improved to 3 traffic lanes with vertical curb, gutter and a 5 -foot detached concrete sidewalk within a total of 70 feet of right-of-way in the year 2011-2015. The intersection of Eagle Road & Victory Road is included in the ACHD's Five Year Work Program. The intersection is anticipated to be reconstructed and widened to 5 lanes on all legs, including curb, gutter, sidewalks and bike lanes. This project is programmed to take place with the Eagle Road/Victory Road to Ridenbaugh Canal (north of Victory Road) in the year 2007. City Council 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; Exhibit D — Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 City Council finds that the proposed density meets the anticipated range for a medium density urban project. City Council finds that some of the existing parcels in the area have already been approved for development with similar densities and allowances; alternate products and designs are encouraged. City Council also finds that the proposed zoning and 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. City Council does not find that the proposed uses will adversely change the essential character of area. The Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be developed as proposed. 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. The Commission and Council should rely on any public testimony (oral and written) when determining whether or not the proposed uses will be disturbing or hazardous to the existing or future neighboring uses. 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. ACRD has submitted a staff report with site specific and standard conditions as attached in Exhibit B. On September 16, 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, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. 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. Exhibit D — Page 2 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 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 fmds that the proposed annexation and the development of a residential subdivision 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, City Council 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. 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; The applicant is proposing to construct one public street access into the site from Eagle Road. ACRD is supportive of the proposed entry street and all internal streets. If is designed and constructed as approved by the ACHD and the City, City Council 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. City Council 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. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? Allowing split zoning of this property, with the single-family homes zoned R-8 and the multi- family dwellings zoned R-15, will allow housing diversity in this area. 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 with similar density have already been approved for development in this area and this is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that annexation and zoning of this pro ggy would be in the best interest of the City. 2. Preliminary Plat: 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: Exhibit D — Page 3 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 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. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. CUP Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall fmd evidence presented at the hearing(s) is adequate to establish (I 1-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage and lot sizes requirements of the R-8 zone. City Council fords that the subject property is large enough to accommodate the requested use and all other required ordinance features. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; City Council fmds that the proposed residential subdivision is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential" (provided the Council grants the requested planned development and step up in residential density). Please see Annexation and Zoning Findings A. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Exhibit D — Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 Please see Annexation and Zoning Findings E. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; The Commission and Council rely upon public testimony, staff's analysis, and other agency comments when determining if the proposed uses will adversely affect other DroDerties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation and Zoning Findings G and H, the Other Agency/Department Comments and Conditions in Exhibit B, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed use 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; Please see Annexation and Zoning Findings H. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Findings I. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation and Zoning Findings J. The Commission and Council should review any comments received from the ACHD and/or ITD regarding this project when determining this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation and Zoning Findings K. 4. Planned Development Findings: Upon recommendation of the Commission, the Council may authorize specific uses not normally permitted by the use regulations of the zone in which the development is located. In granting such authorization, the Commission and Council shall make the following findings: A. The uses permitted by the exception are strongly related to the principal use of the development, and have the purpose of providing services or facilities useful or complementary to the primary use. Exhibit D — Page 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 15, 2005 The proposed single-family uses and multi -family uses are allowed, either principally or with a CUP, within the proposed zones. A use exception is not required for this development. B. No more than twenty percent (20%) of the total area of the project shall be devoted to the uses permitted by the exception. The percentage of use exception allowed will be determined by the commission and council based upon the size of the project and intensity of the use exceptions. The proposed single-family uses and multi -family uses are allowed, either principally or with a CUP, within the proposed zones. A use exception is not required for this development. C. The development will be phased so that construction of the excepted use or uses will be justified by construction of all or a proportionate amount of the principal or primary use or uses. The applicant has not indicated a phasing plan for this development. At full build out, City Council finds that the construction of the multi -family residential buildings will be in good proportion to the amount of single-family residential being constructed in the area. D. The uses permitted by the exception are integrated into the overall project by: 1. Being located in proximity to and within convenient walking distance of the primary uses. City Council finds that the proposed sidewalk system and a micropath to the school site will allow residents to walk throughout the development and to adjacent developments. 2. Utilizing one or more of the main vehicular accesses to the primary use site as the main access to the exception site or interconnection through a system of private roadways and/or pathways. Both the multi -family and the single-family dwellings will share the proposed roadway system. 3. Providing pedestrian and bicycle pathway connections with the primary use site. See Findings "D1" above. 4. Orienting buildings on the exception site to facilitate vehicular and/or pedestrian access from the primary use site. City Council finds that the orientation of the multi -family buildings should be towards the internal streets. The applicant, at the public hearing state how thgy plan to orient the multi -family buildings on the lots andprovide rear elevations for the multi -family buildings 5. Continuing architecture, landscaping, and building bulk concepts from the primary use into the use of the exception site so they are consistent and harmonious throughout the development. City Council recommends that the construction of the multi -family and the single-family homes be consistent in construction materials and architectural features. The applicant, at the public hearing, should state how they plan to integrate the look of the multi family buildings with the single-familv buildings (specific features on the buildings). E. The use(s) permitted by the exception are neighborhood- or community -serving in size and character and not regional, and are not detrimental to adjacent neighborhoods in location and character. City Council finds that the size and character of the multi -family proposed is appropriate to serve the community and should not be detrimental to adjacent neighborhoods. Exhibit D — Page 6 0 0 January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT ITEM NO. S -I REQUEST Water Main Easement Agreement for Seventh Day Adventist Church AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meddlan. V ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 i BOISE IDAHO 002106 01:57 PM DEPUTY Patti Thompson II I t RECORDED -REQUEST OF Iil �III'II�IIIII�IIIII'�I'I II City of Meridian 10601706"? WATER MAIN EASEMENT THIS INDENTURE, made this day of200, between GRIT TEN MILE LLC, an Idaho limited liability co y, and KER PROPERTIES LLC, an Idaho limited liability company, collectively 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 proved a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS; it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby grant unto Grantee an easement for the construction, operation, and maintenance, and repair, replacement of a water main 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 a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. Notwithstanding anything contrary to the foregoing, Grantee shall not unreasonably interfere with any operations of the Grantors on the premises. TO HAVE AND TO HOLD, the said easement unto the said Grantee, it's successors and assigns forever. Page 1 PA69200 Ten Mile & Cherry Lane - Meridian, ID\02400 Easements\Water Main Easement.doe 777- IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existing prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. TBE 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 state herein. Notwithstanding anything contrary to the foregoing, asphalt paving, sidewalk and other typical site area improvements are acceptable within the area described for this easement. THE GRANTORS hereby covenant and agree with the Grantee that should any part of this easement hereby granted shall become part of, or he within the boundaries of any public street, then to such extent, such 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 grant said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever claiming by, through or under the Grantors. W WITNESS 'WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Page 2 PA69200 Ten Mile & Cherry Lane - Meridian, ID\02400 Easements\Water Main Easement.doc GRANTORS: GRH TEN MILE LLC, an Idaho limited liability company CITY OF MERIDIAN Manager r r HALKER PROPERTIES LLC, an Idaho limited liability company By: Its: Manager Mayor Attest by William G. Approved by City Council On: Page 3 PA69200 Ten Mile & Cherry Lane - Meridian, ID\02400 EasementslWater Main Easementdoc STATE OF IDAHO . ss. County of Ada ) On this ?-2, day of December, 2005, before me, a Notary Public, in and for said State, personally appeared Gary R. Hawkins of GRH TEN MILE LLC, an Idaho limited liability company, known or identified to me to be the Manager of the limited liability company that he executed the within instrument, and acknowledge to that such limited liability company the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. STATE OF IDAHO : ss. County of Ada Notary Public f o Residing at: $oise, IE My Commission expires: (sr• l •Z01 Q On this day of December, 2005, before me, a Notary Public, in and for said State, personally appeared Gary R. Hawkins of HALKER PROPERTIES LLC, an Idaho limited liability company, known or identified to me to be the Manager of the limited liability company that he executed the within instrument, and acknowledge to that such limited liability company 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 aho •� �0x AR r = Residing at: Boise, ID -�•�' = My Commission expires: Co I priBute -1 T� UP t9q,'••.• Page 4 PA69200 Ten Mile & Cherry Lane - Meridian, ID\02400 Easements\water Main Easement.doc STATE OF IDAHO ss. County of Ada ) On this _ I day ofIN% 2000 before me, a Notary Public, in and for said State, personally appeared ANIMY 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. Sivinn&a4l') Notary Public for Idaho Residing at: n :ux! c; My Commission expires: 10 —15 -11 Page 5 PA69200 Ten We & Cherry Lane - Meridian, ID\02400 Easements\Water Main Easement.doe IDAHO SURVEY 1450 Easr Watertower St Suite 150 Meridian, Idaho 83642 GROUP Phone (208) 846-8570 Fax (208).884.5399 Project No. 05-021 December 20, 2005 DESCRIPTION FOR CITY OF MERIDIAN WATER LINE EASEMENT SEVENTH DAY ADVENTIST CHURCH A water line easement located in the SE1/4 of the SE1/4 of Section 4, T.3N., R.1 W., B.M., Ada County, Idaho more particularly described as follows: Commencing at the SE corner of said Section 4 from which the E1/4 corner bears North 00017'10" East, 2651.21 feet; thence along the East boundary line of said Section 4 North 00°17'10" East, 841.51 feet to the REAL POINT OF BEGINNING; thence leaving said East boundary line North 89°54'01" West, 159.92 feet; thence North 00005'59" East, 35.96 feet; thence South 89°54'01" East, 25.68 feet; thence South 00005'59" West, 15.96 feet; thence South 89054'01" East, 134.30 feet to a point on the East boundary line of said Section 4; thence along said East boundary line South 00°17'10" West, 20.00 feet to the REAL POINT OF BEGINNING, containing 3,609 square feet, more or less. Prepared by: Idaho Survey SAISG Projects\Hawkins-Black Cat (0 043)\Documents\WATER LINE EASE DESC.doc p, P.C. Carter, P.L.S. eamni I A N. BLA( ............................. ................ -A, 4 Of _n_EXHIBIT B -—,, — — - - n Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 1/13/2006 City of. Meridian Public Works Dept. Re: Proposed Agenda Items for 1/24/06 City Council Meeting JAN 1 1 2906 City Of Meridian Citty Clerk Office The Public Works Department respectfully requests that the following items be placed on the 1/24/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Seventh Day Adventist Church. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Seventh Day Adventist Church and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 0 • WATER MAIN EASEMENT THIS INDENTURE, made this day of , 200_, between GRH TEN MILE LLC, an Idaho limited liability company, and HALKER PROPERTIES LLC, an Idaho limited liability company, collectively 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 proved a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect. to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby grant unto Grantee an easement for the construction, operation, and maintenance, and repair, replacement of a water main 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 a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. Notwithstanding anything contrary to the foregoing, Grantee shall not unreasonably interfere with any operations of the Grantors on the premises. TO HAVE AND TO HOLD, the said easement unto the said Grantee, it's successors and assigns forever. Page 1 PA69200 Ten Mile & Cherry Lane - Meridian, ID\02400 Easements\Water Main Easement.doc IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existing prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement for the purposes state herein. Notwithstanding anything contrary to the foregoing, asphalt paving, sidewalk and other typical site area improvements are acceptable within the area described for this easement. THE GRANTORS hereby covenant and agree with the Grantee that should any part of this easement hereby granted shall become part of, or lie within the boundaries of any public street, then to such extent, such 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 grant said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever claiming by, through or under the Grantors. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Page 2 PA69200 Ten Mile & Cherry Lane - Meridian, ID\02400 Easements\Water Main Easement.doc 0 GRH TEN MILE LLC, an Idaho limited liability company Manager HALK .•- HALKER PROPERTIES LLC, an Idaho limited liability company By: Its: Manager • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved by City Council On: Page 3 PA69200 Ten Mile & Cherry Lane - Meridian, ID\02400 Easements\Water Main Easement.doc 0 • STATE OF IDAHO ) ss. County of Ada ) On this ?-2, day of December, 2005, before me, a Notary Public, in and for said State, personally appeared Gary R. Hawkins of GRH TEN MILE LLC, an Idaho limited liability company, known or identified to me to be the Manager of the limited liability company that he executed the within instrument, and acknowledge to that such limited liability company the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. STATE OF IDAHO ss. County of Ada Notary Public fo 0 Residing at: Boise, ID My Commission expires: �o• I •Z_�I C7 On this day of December, 2005, before me, a Notary Public, in and for said State, personally appeared Gary R. Hawkins of HALKER PROPERTIES LLC, an Idaho limited liability company, known or identified to me to be the Manager of the limited liability company that he executed the within instrument, and acknowledge to that such limited liability company the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •.• xeA't�Yi ;•-, .'••....P.t , ".. Lc���71a� •. •, Notary Public aho �oTAR1- 3 Residing at: Boise, ID My Commission expires: (o + t •ZO I _ C -'UBZ.1,,.r��qP Page 4 PA69200 Ten Mile & Cherry Lane - Meridian, ID\02400 Easements\water Main Easement.doc 0 STATE OF IDAHO ss. County of Ada ) On this day of , 200_, before me, 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: My Commission expires: Page 5 PA69200 Ten Mile & Cherry Lane - Meridian, ID\02400 Easements\Water Main Easement.doc IDAHO • SURVEY GROUP Project No. 05-021 DESCRIPTION FOR CITY OF MERIDIAN WATER LINE EASEMENT SEVENTH DAY ADVENTIST CHURCH 1450 East Watertower St Suite 150 Meridian, Idaho 83642 Phone (209) 846-8570, Fax (268.).884-53-99 December 20, 2005 A water line easement located in the SE1/4 of the SE1/4 of Section 4, T.3N., R.1 W., B.M., Ada County, Idaho more particularly described as follows: Commencing at the SE comer of said Section 4 from which the E1/4 corner bears North 00°17'10" East, 2651.21 feet; thence along the East boundary line of said Section 4 North 00017'10" East, 841.51 feet to the REAL POINT OF BEGINNING; thence leaving said East boundary line North 89°54'01" West, 159.92 feet; thence North 00°05'59" East, 35.96 feet; thence South 89054'01" East, 25.68 feet; thence South 00005'59" West, 15.96 feet; thence South 89054'01" East, 134.30 feet to a point on the East boundary line of said. Section 4; thence along said East boundary line South 00°17'10" West, 20.00 feet to the REAL POINT OF BEGINNING, containing 3,609 square feet, more or less. Prepared by: Idaho Survey CAroup, P.C. IZ�tO1a5 1�of1© G; G� Gregory G. Carter, P.L.S. SAISG ProjectslHawkins-Black Cat (05-043)\DocumentsMATER LINE EASE DESC.doc EXHIBIT A 00'1710' E 411.34' ww w — ,asset N. BLACKCAT ROAD S 00'171CY W 411.34' ------- --- R p w .......... ......... ........... FV N O� oy `� EXHIBIT B 0 V/ January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24,2W6 APPLICANT ITEM NO. S -J REQUEST Streetlight Agreement for Redfeather Subdivision No. 6 by Packard Estates LLC 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 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridlan. . ADA COUNTY RECORD DAVID NAVARRO AMOUNT .00 BOISE IDAHO 02102106 7 PM DEPUTY Pato Thompson RECORDED—REQUEST OF III IIIIIIIIIIIIIIIIIIIIII City of Meridian 10601 069 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Emkud Estates LLC pertaining to the street lights in Redfeather #6, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Packard Estates LLC, has provided lea. MWe head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Redfeather 06 in Meridian, Idaho. The parties acknowledge that the lea. Single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Packald Estates LLC, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is finther agreed that Packard Estates LLCa or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the lea. SW& head street lights located in Redfeather #6 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that P d Estates LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREE M0I Page 1 r J • This AGREEMENT shall be binding on Packard Estates LLC. its heirs, successors and assigns, and the CITY OF MERIDIAN. ATTEST: William G. Berg, Jr., ATTEST: Secretary Dated this644— day of 20_j CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho B Y Mayor, De Weerd '.4 O lay • Packard Estates LLQ. By �. w�,v,a-� f � P_cesiclea� STREET LIGHT AGREEMENT Page 2 0� 5 • STATE OF IDAHO; ) 0 ss. County of Ada, ) t On this � day of DJVW-04 � 20 OG, before me, the undersigned, a Notary Public in and for said State, nally appeared Mayor DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF 1VIERIDIAN, 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. A OT i II • 'a " �V� 6LA 611 v1,� • j � r SEAL : NOTARY PUBLIC FOR IDAHO Ldlk RESIDING AT own'" •• MY COMMISSION EXPIRES STATE OF ,) ss. County of ,) On this day of Dfc.tk-. 20 before me, the undersigned, a Notary Public in and for said State, personally appeared CRA 1 Cj Cm g0 V F'5 and known to me -to be the President and Secretary of ffsm m U4— ^ , and who executed the within instnimem on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS' WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ••�,G}�AEL k; •••.y. r�•� *NQ�+q SEAL V.4;1:4 &40 LIC n' ,► ryas IDA.••••• STREET LIGHT AGREEMENT NOTARY VUBLIC FOf t IDAHO RESIDING AT 80/.C -c ' ;ZVA "O MY COMMISSION EXPIRES 1-/1 D Page 3 cb 3 • Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 1/13/2006 Re: Proposed Agenda Items for 1/24/06 City Council Meeting • City of Meridian Public Works Dept. ]AN 17 2006 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 1/24/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreement for Redfeather Subdivision #6 by Packard Estates LLC. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Redfeather Subdivision #6 by Packard Estates LLC and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight Agreement for Redfeather Subdivision #7 by Packard Estates LLC. Typical Streetlight Agreement. Recommended Council Action: Approve. the Streetlight Agreement for Redfeather Subdivision #7 by Packard Estates LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Packard Estates LLC pertaining to the street lights in Redfeather #6, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Packard Estates LLC. has provided lea. Siggle head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Redfeather #6 in Meridian, Idaho. The parties acknowledge that the lea. Single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Packard Estates LLC. or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof; that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed .that Packard Estates LLC or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the lea. Sinpile head street lights located in Redfeather #6 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Packard Estates LLC. will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 0 This AGREEMENT shall be binding on Packard Estates LLC. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of 20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho LA ATTEST: William G. Berg, Jr., City Clerk Packard Estates LLC. By t--� ATTEST: Secretary Mayor, De Weerd STREET LIGHT AGREEMENT page 2 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 Mayor DE WEERD and WILLIAM G. BERG, JR-, known to me to be the Mayor and City Clerk 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 STATE OF ,) ss. County of ,) NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES On this '?_6 day of �� 1F��2 , 20 ®S, before me, the undersigned, a Notary Public in and for said State, personally appeared CRAIG C-AIoVq5 and known to me ' to be the President and Secretary of A 42D E5010MS U -C-- , and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �• .�' Nor 's,0 � SEAL ._ TARY . 111 LIC FOFL IDAHO,,-, �� RESIDING AT S0/S=am' --V-VA e0 I C MY COMMISSION EXPIRES D eee� IDOQ,�e,° STREET LIGHT AGREEMENT Page 3. 0 0 ✓ January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24,2W6 APPLICANT ITEM NO. S -K REQUEST Streetlight Agreement for Redfeather Subdivision No. 7 by Packard Estates LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: / CITY SEWER DEPT. CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ADA COUNTY RECORD&AVID NAVARRO AMOUNT .00 BOISE IDAHO OWOW06 01:57 PM DEPUTY Pato Thompson II! IIIIIII'll'll'I'I'IIIIIIIIIII'I III RECORDED—REQUEST OF iir�I:rri��+gyral City o1 Meridian STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Packard Estates LLC pertaining to the street lights in Redfeather #7, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Packard Estates LLC. has provided 4m. Single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Reifeather #7 in Meridian, Idaho. The parties acknowledge that the 4ea. Single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Packard Estates LLC, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Packard Estates LLC, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 4ea. Single seed street lights located in Rgdfeather #7 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho PowerCompany will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agree that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Packard Estates LLC. will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 • This AGREEMENT shall be binding on Packard Estates LLC. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of ATTEST: William G. Berg, Jr., City ATTEST: Secretary CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho Mayor, De Weerd 1411#11 1 Packard EstatesILC_. By STREET LIGHT AGREEMENT Page 2 0� 6 ® 0 STATE OF IDAHO, ) County of Ada, n -"' On this Y day ofuVti k�U, 20 0 (o , before me, the undersigned, a Notary Public in and for said State, p nally appeared Mayor DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL I 1 1 STATE OF ,) : ss. County of ,) 6,t!4, NOTARY PUBLIC FOR IDAHO RESIDING AT J-vj;� [ bcLC MY COMMISSION EXPIRES 10 On this Z& day of . 20 o S, before me, the undersigned, a Notary Public in and for said State, personally appeared (fjg& j m vsV and known to me to be the President and Secretary of P (.LCA , and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. r q�unna# W c SEAL `+I+�Ris�'•. TARY PUBLIC FOR IDAHO ItIOTA r ,' RESIDING AT f �S+MY COMMISSION EXPIRES 71// 7.- pU8L1C *; a�r� og STREET LIGHT AGREEMENT page 3 t 5 • Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 1/13/2006 Re: Proposed Agenda Items for 1/24/06 City Council Meeting 0 City of Meridian Public Works Dept. Oity OfMeridian Rty Clerk Office The Public Works Department respectfully requests that the following items be placed on the 1/24/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Aqreement for Redfeather Si ffirindcv,n :61A ti.r D,^L, . a 1 r, Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Redfeather Subdivision #6 by Packard Estates LLC and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight Agreement for Redfeather Subdivision #7 by Packard Estates LLC. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Redfeather Subdivision #7 by Packard Estates LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. Page 1 • • STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Packard Estates LLC pertaining to the street lights in Redfeather #7, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Packard Estates LLC. has provided 4ea. Single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Redfeather #7 in Meridian, Idaho. The parties acknowledge that the 4ea. Sinyje head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Packard Estates LLC, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof; that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is finther agreed that Packard Estates LLC, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 4ea. Single head street lights located in Redfeather #7 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Packard Estates LLC. will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page I This AGREEMENT shall be binding on Packard Estates LLC. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of , 20. CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho LO ATTEST: William G. Berg, Jr., City Clerk Packard Estates LLC. By�Z ATTEST: Secretary Mayor, De Weerd STREET LIGHT AGREEMENT Page 2 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 Mayor DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk 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 STATE OF ,) ss. County of ,) NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES On this 7A day of DGCAN►6-L+' , 20* S, before me, the undersigned, a Notary Public m and for said State, personally appeared ' Gra 0 6V and known to me to be the President and Secretary of Q+"�s•AarEs CLC , and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation -executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written ►Is*- W. Cdy�•�o SEAL G*Z►P ••.;��p% t 4M&4M PUBLic, •�•,t PCO',. •� F OF I'D r ar TARY PUBLIC FOg IDAH RESIDING AT S/S� MY COMMISSION EXPIRES Z Z STREET LIGHT AGREEMENT Page 3 January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT ITEM NO. S -L REQUEST Public Works Budget Amendment for South Area Treatment and Lift Station Project 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: mfrl� 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 Meridlan. RECEIVED JAN' I "' 2006 CitY Of Menffi Citi Clerk Office To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Brad Watson, P. E., Public Works Director Date: 01/19/2006 Re: Proposed Agenda Items for January 24, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 24 City Council agenda, under consent agenda, for Council's consideration: Budget Amendment — South Area Treatment and Lift Station Project. We are requesting a budget amendment, along with creation of a new line item, for the "South Area Treatment and Lift Station Project". This amendment will allow us to work with consultants during this budget year to complete a predesign report, site selection and acquisition of the site for the South Area Lift Station. Following this report we plan to move on to final design of this lift station in this budget year. We also plan on doing follow up work on the NPDES Permit application we have submitted that includes the site selection and acquisition of the wastewater treatment plant site. This work could also potentially include the predesign of the south area wastewater treatment plant in this budget year. This budget amendment is for the South Area Treatment and Lift Station Project in the amount of $400,000. Recommended Council Action: The Public Works Department recommends that City Council approves the budget amendment for the South Area Treatment and Lift Station Project in the amount of $400,000 for FY 2006. Change Order No. 1 for the Black Cat Lift Station Additional work is required for the completion of the Black Cat Lift Station. This change order consists of the following work, which is 1.65% of the original contract amount for the project: • Lowering the utility lines to provide cover for approaches to Black Cat Road. • Elimination of the VFD for the fan motor and reclassification of the magmeter. • Addition of empty embedded conduits for future pump control stations. • Revisions to the electrical panels and SCADA system. 0 Page 1 0 • Payment for overtime inspection. m Addition of flex couplings for the DI pipe at the NPW tank. Fittings purchased by ACHD for the drain tile where it was in conflict with the dewatering line. ® Additional tenser layer and geofabric. ® Additional hip rafter for the trusses and galvanized break metal at the double door openings. ® Landscaping and fence revisions. JC Constructors, Inc. submitted a cost for this change order as summarized below: JC Constructors, Inc. $42,429.74 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Black Cat Lift Station with JC Constructors, Inc. for $42,429.74 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. o Page 2 January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT ITEM NO. 5-M REQUEST Change Order No. 1 for the Black Cat Lift Station with JC Constructors, 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: v" ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materia presented at public meetings shall become properly of the City of Meridian. i • than RECEIVED cs Dept. JAN 1 2000 City Of Meridian City Clerk Office Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Brad Watson, P.E., Public Works Director Date: 01/19/2006 Re: Proposed Agenda Items for January 24, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 24 City Council agenda, under consent agenda, for Council's consideration: Budget Amendment — South Area Treatment and Lift Station Project. We are requesting a budget amendment, along with creation of a new line item, for the South Area Treatment and Lift Station Project". This amendment will allow us to work with consultants during this budget year to complete a predesign report, site selection and acquisition of the site for the South Area Lift Station. Following this report we plan to move on to final design of this lift station in this budget year. We also plan on doing follow up work on the NPDES Permit application we have submitted that includes the site selection and acquisition of the wastewater treatment plant site. This work could also potentially include the predesign of the south area wastewater treatment plant in this budget year. This budget amendment is for the South Area Treatment and Lift Station Project in the amount of $400,000. Recommended Council Action: The Public Works Department recommends that City Council approves the budget amendment for the South Area Treatment and Lift Station Project in the amount of $400,000 for FY 2006. Change Order No. 1 for the Black Cat Lift Station. Additional work is required for the completion of the Black Cat Lift Station. This change order consists of the following work, which is 1.65% of the original contract amount for the project: • Lowering the utility lines to provide cover for approaches to Black Cat Road. • Elimination of the VFD for the fan motor and reclassification of the magmeter. • Addition of empty embedded conduits for future pump control stations. • Revisions to the electrical panels and SCADA system. 0 Page 1 0 0 • Payment for overtime inspection. • Addition of flex couplings for the DI pipe at the NPW tank. • Fittings purchased by ACHD for the drain file where it was in conflict with the dewatering line. • Additional tenser layer and geofabric. • Additional hip rafter for the trusses and galvanized break metal at the double door openings. • Landscaping and fence revisions. JC Constructors, Inc. submitted a cost for this change order as summarized below: • JC Constructors, Inc. $42,429.74 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Black Cat Lift Station with JC Constructors, Inc. for $42,429.74 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 2 0 0 CHANGE ORDER NO. 1 No. 1 DATE OF ISSUANCE EFFECTIVE DATE OWNER City of Meridian CONTRACTOR JC Constructors, Inc. Contract: Black Cat Lift Station Project: Black Cat Lift Station OWNER's Contract No. N/A ENGINEER's Contract No. N/A ENGINEER You are directed to make the following changes in the Contract Documents: Description: This change order consists of the following work: • Lowering the utility lines to provide cover for approaches to Black Cat Road. • Elimination of the VFD for the fan motor and reclassification of the magmeter. • Addition of empty embedded conduits for future pump control stations. • Revisions to the electrical panels and SCADA system. • Payment for overtime inspection. • Addition of flex couplings for the DI pipe at the NPW tank. • Fittings purchased by ACHD for the drain tile where it was in conflict with the dewatering line. • Additional tenser layer and geofabric. • Additional hip rafter for the trusses and galvanized break metal at the double door openings. • Landscaping and fence revisions. Reason for Change Order: Miscellaneous requests for change were incorporated into this project. Attachments: (List documents supporting change): Estimates from JC Constructors, Inc. for each of the requests for change. CHANGE IN CONTRACT PRICE: Original Contract Price $ 2,565,000.00 Net Increase (Decrease) from previous Change Orders No. 0 to 0 $ 0 Contract Price prior to this Change Order: $ 2,565,000.00 Net increase (decrease) of this Change Order: $ 42,429.74 Contract Price with all approved Change Orders: $ 2,607.429.74 RECOMMENDED: By: By: Clint Dolsby, Staff Engineer ACCEPTED: Contractor CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. _ to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order. Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) By: APPROVED: Tammy de Weerd, Mayor ATTEST: By: William G. Berg, Jr. City Clerk Date: I 06 Date: Date: Date: Approved by City Council: EJCDC 1910-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Change Proposal oposal # City of Meridian Black Cat Lift 140 1 Station. JC CONSTRUCTORS S.CONTRACT NO: 6.PROPOSAL DATE DESCRIPTION OF CHANGE 23-Q -05 At the western limits of the property utility lines needed to be lowered to provide cover for the approaches at Black Cat Road. Labor by JC Constructors was for relocating the fence and providing layout to the three separate crews that came in at different times. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes ( Attach supporting detail estimates with mart -hours and rates) $ 560.34 2. Insurance and Labor Taxes $ 129.45 3. Materials w/ frgt and SST. Detailed quantities attached. $ - 4. Equipment Expense 5. Overhead & Fee @ 15% $ 103.47 Time Extention Requested 0 working days JC Constructors Proposal Cost $ 793.26 B. For work to be performed by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT Cable One Utility Relocation $ 1,323.05 Intermountain gas Utility Relocation $ 759.05 Qwest Utility Relocation $ 3,730.00 White Pine landscaping Landscape Repair $ 180.00 z TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OHBP). 3 $ 5,992.10 CONTRACTORS COMMISSK)N ON TOTAL SUBCONTRACTOR AMOUNT 0 5 PERCENT: $ 299.61 CONTRACTORS BOND COST Q S.018n o00 $ 127.53 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+B5) $ 7,212.50 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott a PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC M CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Change Proposal # City of Meridian Black Cat Lift 140 2 Station. JC CONSTRUCTORS S.CONTRACT NO: 6. PROPOSAL DATE DESCRIPTION OF CHANGE 23 -Au -05 Elimination of the VFD for the fan motor. The motor comes with a belt system that allows for speed adjustment. The VFDs are being eliminated per the engineers request. The additional panel capacity referenced on Custom Electrics Quote will be addressed under a separate cover. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes ( Attach supporting detail estimates with man-hours and rates) $ 2. Insurance and Labor Taxes $ 3. Materials w/ frgt and SST. Detailed quantities attached. $ _ 4. Equipment Expense 5. Overhead & Fee Gm 15% $ _ Time Extention Requested 0 working days JC Constructors Proposal Cost $ _ B. For work to be performed by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT Custom Electric Electrical/Controls $ (644.00 i TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P): 3 $ 644.00 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT 0 5 PERCENT: CONTRACTORS BOND COST @ S.01aM000 $ 11.58 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+85) $ 655.58 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Change Proposal # City of Meridian Black Cat Lift 140 Station. JC CONSTRUCTORS 3 5.CONTRACT NO: &PROPOSAL DATE DESCRIPTION OF CHANGE 23 -Aug -05 The City requested the addition of empty embedded conduits for future pump 485 control stations COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes ( Attach supporting detail estimates with man-hours and rates) $ _ 2. Insurance and Labor Taxes $ 3. Materials w/ frgt and SST. Detailed quantities attached. $ _ 4. Equipment Expense $ - 5. Overhead & Fee @ 15% $ _ Tirne Extention Requested 0 working days JC Constructors Proposal Cost $ _ B. For work to be performed by subcontractors, per proposals and detailed breakdowns t SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT Custom Electric ElectricaUcontrols $ 761.40 2 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P): 3 $ 761.00 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT @ 5 PERCENT: $ 38.05 CONTRACTORS BOND COST @ s.018M 00O $ 14.38 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+65) $ 813.43 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC 0 CHANGE PROPOSAL REQUEST 1.PROJECT 2 -CONTRACTOR 3.PROJECT NO. Change Proposal # City of Meridian Black Cat Lift 140 4 Station. JC CONSTRUCTORS 5 -CONTRACT NO_ 6.PROPOSAl DATE DESCRIPTION OF CHANGE ?"Aug -05 The returned electrical submittal dated may 26, 2005, note 16470 2. requests a revision to panel A. The costs to modify the panel are attached. Custom is holding on the modifications pending review of the submitted costs. COST SUMMARY /6 FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct tabor W lab" ftinges (Attach supporting detail estimates with mare wws and raj $ _ 2. insurance and labor Taxes $ - 3. Materials wl frgt and SST. Detailed quantities attached $ _ 4. Equipment Expense $ - S. Overhead 8 Fee Q 15% $ _ Tune Extention Requested 0 w oddna da}s JC Constructors Proposal Cost $ - B. For work to be performed by subcontractors, per proposals and detailed breakdowns SUf. BCONTRACTOR NAME CAATEMW OF WORK IAMOUNT Custom Electric ElectticaUConti'da $ . 1 792.00 TOTAL SUBCONTRACTOR AMOUNT (INCLUE NG SUB.OH&pr 3 $ 1,702.00 CONTRACTORS COMMSSION ON TOTAL SUBCONTRACTOR AMOUNT @ 5 PERCENT: $ 85.10 CONTRACTORS BOND COST @ sojanoao $ 32.17 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+B5) $ 1,819.27 .IC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyon PRNTEDNAMEONPROPOM SPSMAMREIDATE Page 1, JCC 0 0 CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Change Proposal oposal # City of Meridian Black Cat Lift 140 Station. S JC CONSTRUCTORS 5.CONTRACT NO: &PROPOSAL DATE DESCRIPTION OF CHANGE 30 -Au -05 JC was billed by the City for overtime inspection. Costs for overtime inspection where not specified for this particular project. For book keeping purposes JC will pay the City of Meridian's invoice number 1657 for $270. This request reimburses JC Constructors for the payment of the invoice # 1657. COSTSUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes ( Attach supporting detail estimates with man-hours and rates) $ _ 2. Insurance and Labor Taxes $ - 3. Materials w/ frgt and SST. Detailed quantities attached. $ _ 4. Equipment Expense 5. Overhead & Fee @ 15% $ - Time Extention Requested 0 working days JC Constructors Proposal Cost $ 270.00 B. For work to be performed by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P): $ 3 - CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT @ 5 PERCENT: $ _ CONTRACTORS BOND COST @ $.018/1000 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+B5) $ 270.00 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC 0 CHANGE PROPOSAL REQUEST 1.PROJECT ZCONTRACTOR 3.PROJECT NO. Change Proposal # City of Meridian Black Cat Lift 140 6 Station. JC CONSTRUCTORS II5.CONTRACT NO: I6.PROPOSAL DATE DESCRIPTION OF CHANGE 1 Sep -05 The class cation "of the Mag meter has been modified. The revised classification to a Class 1, Div 2 increases the cost by $1289.75. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor finges ( Attach supporting detail estimates with man-hours and rates) $ 2. Insurance and Labor Taxes $ 3. Materials wl frgt and SST. Detailed quantifies attached. $ 4. Equipment Expense 5. Overhead 8 Fee @ 15% $ Time Extention Requested 0 working days JC Constructors Proposal Cost $ B. For work to be performed by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAME _ CATEGORY OF WORK TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH8Pj: 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT @ 5 PERCENT: CONTRACTORS BOND COST @ S.01 arl000 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (AS+BM) JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott PRINTED NAME ON PROPOSAL Page 1, JCC SIGNATURE/DATE 1,289.75 - 193.46 1,483.21 26.70 1.509.91 CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. City of Meridian Black Cat Lift 140 Station. JC CONSTRUCTORS -- S.CONTRACT NO: Change Proposal # 7 6.PROPOSAL DATE DESCRIPTIONOF CHANGE sse 5 The city has requested a change to the programming of the control system to allow communication directly with the main plant. The associated costs from Custom Electric includes antennae, modem, and labor to program for the new system. A deduct has been added for the elimination of the original output cards. See Custom Electrics breakdown of costs for a more detailed description. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes ( Attach supporting detail estimates with man-hours and rates) 2. Insurance and Labor Taxes 3. Materials w/ ftgt and SST. Detailed quantities attached. $ 4. Equipment Expense $ - — $ _ Time Extention R $ - equested 0 working dans JC Constructors Proposal Cost $ _ B. For work to be performed by subcontractors, per proposals and detailed breakdowns 1 SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT CUStom Electric Electrical/Controls r 3620 62 TOTAL SUSCCNTRACTOR AMOUNT. NCLLJD;NG SUB OH&P; 3 $ 3.620.62 CONTRACTORS COMMISSICN ON TOTAL SUBCONTRACTOR AMCUNT g ^ ?ERCENT $ 181.03 CONTRACTORS BOND COST C S 013!1000 $ C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+136)68.43 $ 3,870.08 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott ANTED NAME ON PROPOSAL :IGNATL'REi DATE Page 1, JCC �I CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Change Proposal # City of Meridian Black Cat Lift 140 8 Station. JC CONSTRUCTORS &CONTRACT NO: &PROPOSAL DATE DESCRIPTION OF CHANGE 28�e -05 The City of Meridian requested the addition of three flex couplings for the DI pipe at the NPW tank to provide flexibility. The attached costs are for the purchase and installation of the fittings. COST SUMMARY A. FOR CHANGE WORTS DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes ( Attach supporting detail estimates with man-hours and rates) 2. Insurance and Labor Taxes 3. Materials w/ frgt and SST. Detailed quantities attached. 4. Equipment Expense 5. Overhead & Fee @ 15% $ $ $ $ 95.73 25.44 464.40 87.84 Time Extention Requested 0 working days JC Constructors Proposal Cost $ 673.40 B. For work to be performed by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAb1E CATEGORY OF WORK AMOUNT 2 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P): 3 $ - CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT Q 5 PERCENT: $ _ CONTRACTORS BOND COST 0 $.018/1000 $ 12.12 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (AS+85) $ 685.53 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC • CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Ct-ng4 Proposal City of Meridian Black Cat Lift 140 9 Station_ JC CONSTRUCTORS 5.CONTRACT NO; 6.PROPOSAL DATE DESCRIPTION OF CHANGE 3 -Oct-05 During the installation of ACHD drain tile at the west edge of the project the tile was in conflict with the dewatering line. To expedite the installation ACHD purchased 45 deg.. Fittings to go up and over the dewatering pipe. ACHD installed at no cost. The attached cost is for material purchase on our account only. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes ( Attach supporting detail estimates with man-hours and rates) $ _ 2. Insurance and Labor Taxes $ - 3. Materials w/ frgt and SST. Detailed quantities attached. $ 263.00 4. Equipment Expense $ - 5. Overhead & Fee @ 15% $ 39.45 Time Extention Requested 0 working days JC Constructors Proposal Cost $ 302.45 S. For work to be performed by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT 2 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P): $ - 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT Q 5 PERCENT: $ _ CONTRACTORS BOND COST M $.01a/10W $ 5.44 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+85) $ 307.89 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC 11 CHANGE PROPOSAL REQUEST 1.PROJECT City of Meridian Black Cat Lift Station. 2.CONTRACTOR JC CONSTRUCTORS 3.PROJECT NO. •140 Change Proposal # 10 &CONTRACT NiO: &PROPOSAL DATE 3 -Oct -05 DESCRIPTION OF CHANGE During the installation coordination meeting with the manufacturers representative he commented that the standard detail in the plans was not adequate. An additional layer of tenzar was required at the bottom layer and the geo fabric was inreased from a 4 oz to a 7 oz product. JC purchased the additional material to maintain the suppliers warranty. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED SY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes ( Attach supporting detail estimates with man-hours and rates) $ 29.07 2. Insurance and Labor Taxes $ 6.58 3. Materials w/ frgt and SST. Detailed quanfi ies attached. $ 1,479.41 4. Equipment Expense $ - 5. Overhead & Fee @ 15% $ 227.26 T-rcne Exfention Requested 0 working days JC Construcb" Proposal Cost $ 1,742.32 B. For work to be performed by subcontractors, per proposals and detailed breakdowns SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT 2 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P) $ - 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT @ 5 PERCENT $ - CONTRACTORS BOND COST Q $.01811000 $ 31.36 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+B6) $ 1,773.68 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC CHANGE PROPOSAL REQUEST .—. t pROJEC'F 2.CQNTRACTQR 3, PRW ECT NO. Chango Prepoaal b! City of Meridian Black Cat Lj" 140 .�.� Station. JC CONSTRUCTORS 5 -CONTRACT ata � S.PRgpDATE DESCRIPTION OF CHANGE 5-oct-05 The hip truss was changed from a 1 ply to a 2 ply to provide a more secure nailing surface. aZRT SUMK4RY FO"""'36 WORK CIRECTI,Y PERFORMED 91Y THE UNDERSIGNED CONTPACTOR 1. Dint tabor vw labor f q*1 (Attach mWporeinq datai e5&rw&ffi W1th Aouvs and Tart ) z, IrMM noo and Labar rare 3. Materials w/ *0 and SST. DoWedquanWeaattached. Q. Eq.4mmat a. Overhsae & Foo (a1696 Thtre F»erWon PegU=Aed 0ylaofjn_q days JC Constructors P►nposat! !. For work to be PerkMW-d by sybco.tractanc. Pe► px'oposals and dataitetl breakdowns Sue. C. TOTAL $ � EIIWPWAL ISE OF CA11[TRACT RRIC6 - (AB+fit♦Si) JC COaISTM. NAAdr Rob Guyon SIC,�VATU2E/OAS' Page 1, JCC z•d BBLS-26e-802 s..I020n.a2su03 3r 6 9,287.77 • CHANGE PROPOSAL REQUEST 1.PROJECT City of Meridian Black Cat Lift Station. 2.CONTRACTOR JC CONSTRUCTORS 3.PROJECT NO. 140 Change Proposal # 12 &CONTRACT NO: &PROPOSAL DATE 1 -Nov -05 DESCRIPTION OF CHANGE Add galvanized break metal at double door openings COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes (Anach supporting detail estimates with mart-homand gates} $ 2. Insurance and Labor Taxes $ 3. Materials w/ frgt and SST. Detailed quant attached. $ 4. Equipment Expense $ 5. Overhead 8 Fee @ 15-A $ Time Extention Requested 0 working days JC Constructors Proposal Cost $ 118.86 27.46 389.22 - 80.33 615.87 S. For work to be performed by subcontractors, per proposals and detailed breakdowns SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT 2 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB_ OH&P$ $ 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT@ 5 PERCENT $ - _ CONTRACTORS BOND COST @ $.018N000 $ 11.09 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - W+EM $ 626.96 JC CONSTRUCTORS, INC. CON77R4CTOR NAME Rob Guyott. PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC • CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Change Proposal # City of Meridian Black Cat Lift 140 13 Station. JC CONSTRUCTORS &CONTRACT NO: 6.PROPOSAL DATE DESCRIPTION OF q� ANGE 20 -Dec -05 Add landscaping, "shape berm, and revise fence type and layout. Scope of work includes cutting and reshaping berm by JC Constructors. Addition of sod, irrigation, and trees to match the existing berm at Black Cat Road by New West Landscaping. Fence modifications includ replacing chain link fence with vinyl fence to match existing neighborhood fence type and revising the lay -out. Fence COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes ( Attach supporting detail estimates with man-hours and rates) $ 849.00 2. Insurance and Labor Taxes $ 196.14 3. Materials w/ frgt and SST. Detailed quantities attached. $ 4. Equipment Expense 5. Overhead & Fee @ 15% $ 156.77 Time Extention Requested 0 workinq daVs JC Constructors Proposal Cost $ 1,201,92 B. For work to be performed by subcontractors, per proposals and detailed breakdowns i. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT New West Landscaping $ 15,102.00 Anvil fence Fencinq $ 5,185.00 z TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P): $20,2$•% OO 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT 0 5 PERCENT. $ 1,014.35 CONTRACTORS BOND COST Q 5.018/1000 $ 405.06 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+B6) $ 22, 908.32 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC 0 0 January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT ITEM NO. S -W REQUEST Permanent and Temporary Easement Contract for the Pine Interceptor Sewer Project 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: ,�(J CITY SEWER DEPT: v 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. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 15 BOISE IDAHO MUM 01:57 PM DEPUTY Patti Thompson ! RECORDED -REQUEST OF City of Meridian 106017064 CITY OF MERIDIAN, IDAHO PINE INTERCEPTOR SEWER SANITARY SEWER, EASEMENT THIS INDENTURE, made this day of December, 2005 between Western Ada Recreation District, 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 are willing to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by the Grantee; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee a TEMPORARY CONSTRUCTION EASEMENT over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The temporary construction easement hereby granted is for the construction of a sewer line on, adjoining, and abutting property owned by GRANTEE (the "Dominant Estate'), for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to GRANTEE in connection with such sewer line construction and improvement, and for ingress and egress to and from the Dominant Estate. and the RIGHT-OF-WAY for a PERMANENT EASEMENT for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBITS C and D) The permanent easement hereby granted is for the purpose of the operation of a sanitary sewer line 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. Sewer Easement W Ada Rec Dist easeoent.doc TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures or trees within ten feet (10') either side of the constructed sewer 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. Sewer Easement W Ada Rec Dist easement.doc GRANTOR: WESTERN ADA RECREATION DISTRICT STATE OF IDAHO ) ) ss County of Ada ) Date approved by District: / -7:/0,? - On this I ?- n day of J-ar n kiar #-q20j2,6 before me, the undersigned, a Notary Public in and for said State, personally appeared Wa 4 940KrOW and G�GId' �,� 9 M "' , known or identified to me to be the Chairman and Secretary, respectively, of the District that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY PUBLIC FOR IDAHO w * : Resi g at: "&tse ,--M`c.(,LLo �QoryAission Expires: O l o a Sewer Easement W Ada Rec Dist easement.doc GRANTEE: CITY OF MERIDIAN Tammy de Wyo'r- CiF .?.---»91.a Attest by William G. Ber , ir., tity Clerks SAUiL Approved By City Council On: I STATE OF IDAHO, ) : ss. County of Ada ) 6 On this day of , 200, before me, the undersigned, a Notary Public in and for said State, pers ally appear d 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. Sewer Easement easement.doc NOTARY PjVBqC FOR ID iO Residing at: u Commission Expires: W Ada Rec Dist EXHIBIT A Project: 11873 Grantor: Western Ada Recreation District Parcel No: 51210131210 Date: November 9, 2005 Revised: December 15, 2005 Revised: January 5, 2006 PARCEL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT - 1 That portion of the Southeast 1/4 of the Northwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Northwest corner of Section 10; thence along the Westerly boundary of the Northwest 1/4 of the Northwest '/a of said section, South 00"201" West, 1,324.43 feet to the North 1 /16 comer of Section 10; thence along the Southerly boundary of the Northwest 1 /4 of the Northwest 1 /4 of said section, South 89° 12'56" East, 1,320.33 feet to the Northwest 1 /16 comer of Section 10; thence along the Northerly boundary of the Southeast 1 /4 of the Northwest 1 /4 of said section, South 89° 13'56" East, 213.91 feet; thence South 00*46'1T West, 96.09 feet to the POINT OF BEGINNING; thence South 83 ° 53'31" East, 126.97 feet; thence South 21 ° 26'04" West, 38:70 feet; thence North 77°52'39" West, 52.49 feet; thence North 81 '28'50" West, 89.56 feet; thence North 47°44'17" East, 37.54 feet to the POINT OF BEGINNING. Containing 0.099 acres, more or less. TOGETHER WITH: TEMPORARY CONSTRUCTION EASEMENT - 2 Commencing at the Northwest comer of Section 10; thence along the Westerly boundary of the Northwest 1 /4 of the Northwest 1 /4 of said section, South 00"20'51" West, 1,324.43 feet to the North 1 / 16 comer of Section 10; thence along the Southerly boundary of the Northwest 1 /4 of the Northwest 1 /4 of said section, South 89" 1236" East, 1,320.33 feet to the Northwest 1 /16 corner of Section 10; thence along the Northerly boundary of the Southeast 1/4 of the Northwest 1/4 of said section, South 89-13'56" East, 166.08 feet to the POINT OF BEGINNING; thence continuing along said boundary, South 89° 13'56" East, 163.84 feet to the Southwest comer of Rod's Parkside Creek Subdivision, as recorded in the official plat thereof, Ada County, Idaho; thence along the Southerly boundary of said Subdivision, South 77' 1450" East, 23.99 feet; thence South 41 ° 1733" West, 17.35 feet; thence South 21 '26'04" West, 61.71 feet; Exhibit A November 9, 2005 Revised: December 15, 2005 Revised: January 5, 2006 Page 2 thence North 83' 53'31" West, 117.56 feet; thence South 47'44'1 T' West, 49.36 feet; thence North 00"0707" East, 98.65 feet to the POINT OF BEGINNING. Containing 0.283 acres (12,348 square feet), more or less. TOGETHER WITH: TEMPORARY CONSTRUCTION EASEMENT - 3 Commencing at the Northwest corner of Section 10; thence along the Westerly boundary of the Northwest 1/4 of the Northwest 114 of said section, South 00"201" West, 1,324.43 feet to the North 1/16 comer of Section 10; thence along the Southerly boundary of the Northwest 1/4 of the Northwest 1/4 of said section, South 89°12'56" East, 1,320.33 feet to the Northwest 1/16 corner of Section 10; thence along the Northerly boundary of the Southeast 1/4 of the Northwest 1/4 of said section, South 89' 1336" East, 329.92 feet to the Southwest comer of Rod's Parkside Creek Subdivision, as recorded in the official plat thereof, Ada County, Idaho; thence along the Southerly boundary of said subdivision, thence South 77'14'50" East, 58.14 feet to the POINT OF BEGINNING; thence continuing along said boundary, South 77' 14'50" East, 641.73 feet; thence South 04°4746" East, 43.84 feet; thence North 77'1428" West, 671.08 feet; thence North 21 "26'04" East, 16.96 feet; thence North 41 ' 1733" East, 28.42 feet to the POINT OF BEGINNING. Containing 0.631 acres, more or less. TOGETHER WITH: TEMPORARY CONSTRUCTION EASEMENT - 4 That portion of the Southwest Y4 of the Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the East 1/4 corner of Section 10; thence along the Southerly boundary of the Southeast A of the Northeast % of said section, North 89' 11'03" West, 1,327.73 feet; thence along the Easterly boundary of the Southwest 1/4 of the Northeast 1/4 of Section 10, North 00'284T' East, 683.14 feet to the POINT OF BEGINNING; thence South 89"40'19" West, 150.00 feet; thence North 00*28'40" East, 31.31 feet; thence North 90"00'00" West, 521.36 feet; thence North 57'41'20" West, 418.79 feet; Exhibit A November 9, 2005 Revised: December 15, 2005 Revised: January 5, 2006 Page 3 thence South 33 ° 33'51" West, 20.00 feet; thence North 57°41'20" West, 30.00 feet; thence North 32°18'40" East, 100.00 feet; thence South 57°41'20" East, 100.00 feet; thence South 32° 18'40" West, 30.00 feet; thence South 57 ° 41'20" East, 334.74 feet; thence North 90°00'00" East, 507.29 feet; thence North 00'28'40" East, 68.70 feet; thence North 89"4919" East, 150.00 feet to the Easterly boundary of the Southwest 1/4 of the Northeast 1 /4 of Section 10; thence along said boundary, South 00928'47" West, 150.00 feet to the POINT OF BEGINNING. Containing 1.697 acres, more or less. END OF DESCRIPTION Prepared by: .i -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. kf 0 8575 LP I .�,.o(e �c �Ay9rE OF \� �!(d M. 0 RMH /TLK: the \\Boisefiles\Public\ProjectManagers\PHK\11873-Black Cat\Admin\Descr1ptions\11873AdaParksctRec - Exhibit A.doc EXHIBIT C Project: 11873 Grantor: Western Ada Recreation District Parcel No: 51210131210 Date: November 9, 2005 Revised: December 15, 2005 Revised: December 20, 2005 PARCEL DESCRIPTION PERMANENT SEWER LINE EASEMENT - 1 That portion of the Southeast 1 /4 of the Northwest 1 /4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Northwest corner of Section 10; thence along the Westerly boundary of the Northwest 1/4 of the Northwest 1/4 of said section, South 00"20'51" West, 1,324.43 feet to the North 1/16 corner of Section 10; thence along the Southerly boundary of the Northwest 1/4 of the Northwest 1/4 of said section, South 89° 12'56" East, 1,320.33 feet to the Northwest 1/16 corner of Section 10; thence along the Northerly boundary of the Southeast 1/4 of the Northwest 1/4 of said section, South 89'13'56" East, 329.92 feet to the Southwest corner of Rod's Parkside Creek Subdivision, as recorded in the official plat thereof, Ada County, Idaho; thence along said boundary, South 77'14'50" East, 23.99 feet to the POINT OF BEGINNING; thence continuing along said boundary, South 77° 1450" East, 34.15 feet; thence South 41 ° 1733" West, 28.42 feet; thence South 21 ° 26'04" West, 79.34 feet; thence North 83 ° 53'31 " West, 126.97 feet; thence South 47"44'17" West, 39.19 feet to the center line of Ten Mile Drain; thence along said center line, North 79°29'08" West, 37.68 feet; thence North 47'44'17" East, 75.45 feet; thence South 83 ° 53'31" East, 117.56 feet; thence North 21 ° 26'04" East, 61.71 feet; thence North 41 ° 1733" East, 17.35 feet to the POINT OF BEGINNING. Containing 0.188 acres (8,190 square feet), more or less. END OF DESCRIPTION TOGETHER WITH: PERMANENT SEWER LINE EASEMENT - 2 That portion of the Southwest 1/4 of the Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the East 1/4 corner of Section 10; thence along the Southerly boundary of the Southeast 1 /4 of the Northeast 1 /4 of said Section, North 89 ° 11'03" West, 1,327.73 feet; thence along the Easterly boundary of the Southwest 1/4 of the Northeast 1/4 of Section 10, North 00°28'47" East, 666.68 feet to the POINT OF BEGINNING; thence North 45"00'00" West, 23.93 feet; thence North 90"00'00" West, 662.76 feet; thence North 57°4120" West, 398.13 feet; thence South 33°33'51" West, 32.77 feet to the center line of Ten Mile Drain; Exhibit C November 9, 2005 Revised: December 15, 2005 Revised: December 20, 2005 Revised: January 5, 2006 Page 2 thence along said center line, North 56"27'08" West, 30.00 feet; thence North 33033'51- East, 62.13 feet; thence South 57 ° 41'20" East, 418.79 feet; thence North 90"00'00" East, 660.15 feet; thence South 45 ° 00'00" East, 15.75 feet to the Easterly boundary of the Southwest 1/4 of the Northeast 1 /4 of Section 10; thence along said boundary, South 00°2847" West, 35.79 feet to the POINT OF BEGINNING. Containing 0.781 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. a 8575 �Q 9rf OF RMH/TLK:Ihc \\Boisefiles\Public\ProjectManagers\PHM11873-51ack Cat\Admin\Descr1ptt0ns\11973AdaParksBRec - Exhibit C.doc 0 * RECEIVEL; City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 01/19/2006 Re: Proposed Agenda Item for January 24, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 24 City Council agenda, under Consent Agenda, for Council's consideration. 1. Permanent and Temporary Easement Contract for the Pine Interceptor Sewer Proiect. A permanent and temporary easement has been signed by the Western Ada Recreation District for the construction of the sanitary sewer on their property in Fuller Park for this project. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the sanitary sewer on the property in Fuller Park for the Wester Ada Recreation District 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 9 CITY OF MERIDIAN, IDAHO TEMPORARY AND PERMANENT EASEMENT CONTRACT PROJECT: Pine Street Relief Sewer PARCEL NUMBER & OWNER: S1210131210 Western Ada Recreation District DATE: December 12, 2005 This easement contract, made this 1,2_day of ' , 200;b® en the City of Meridian, herein called "GRANTEE" and Western Ada Recreation District , herein called "GRANTOR". Whereas, subject to the terms outlined below, GRANTOR agrees to deliver to the GRANTEE Temporary Construction Easements and Permanent Sewer Line Easements included herewith as Exhibits A, B, C, and D. Now therefore, the parties hereto agree as follows: 1. The GRANTEE agrees to provide the GRANTOR with those items specifically identified below: a. All disturbed grass will be replaced with sod (not hydro seeded). b. Tree replacement — the GRANTEE agrees to pay $700.00 per tree for the replacement of each tree removed for the construction of the sewer line. It is estimated that between 12 to 13 trees will be replaced. c. A separate temporary access road east of existing parking lot will be constructed to access the project. Parking lot is not to be used for construction access. The temporary access road will be completely removed, and all disturbed grass replaced with sod. Location and size of the temporary access road will be approved by the GRANTOR. d. Repair all irrigation systems impacted by the construction to the full satisfaction of the parks superintendent. e. Ten inches (10") of topsoil in the temporary construction area near the Parkside lift station. f. Two (2) four inch (4") sewer connections at locations to be determined by the GRANTOR and a 6" service line to serve the existing maintenance building as depicted in the approved plans. g. If the pathway is damaged, it will be repaired to full width section with no patches. Damage will be defined as visible cracking, scarring, or any other structural deficiency attributed to the GRANTEE'S construction project. h. Include the GRANTEE as an additional insured to the City Construction Contractor. i. Lockable manhole covers on all manholes within the easement area. IN WITNESS WHEREOF, the parties have executed this contract the day and year first above written. GRANTEE: CITY OF MERIDIAN UIR Tammy de Weerd, Mayor Date: ATTEST: William Berg, Jr., City Clerk Date approved by Council: GRANTOR: WESTERN ADA RECREATION DISTRICT By: ARM .i /1F, ..�, Walt Morrow, Chairman ATTEST: Gladys In am, Se tary Date approved by District: yv 12- 1 2-l g066 0 0 CITY OF MERIDIAN, IDAHO PINE INTERCEPTOR SEWER SANITARY SEWER EASEMENT THIS INDENTURE, made this day of December, 2005 between Western Ada Recreation District, 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 are willing to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by the Grantee; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee a TEMPORARY CONSTRUCTION EASEMENT over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The temporary construction easement hereby granted is for the construction of a sewer line on, adjoining, and abutting property owned by GRANTEE (the "Dominant Estate"), for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to GRANTEE in connection with such sewer line construction and improvement, and for ingress and egress to and from the Dominant Estate. and the RIGHT-OF-WAY for a PERMANENT EASEMENT for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBITS C and D) The permanent easement hereby granted is for the purpose of the operation of a sanitary sewer line 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. Sewer Easement W Ada Rec Dist easement.doc 0 0 TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures or trees within ten feet (10') either side of the constructed sewer 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. Sewer Easement W Ada Rec Dist easement.doc 0 GRANTOR: WESTERN ADA RECREATION DISTRICT Walt Morrow, Chairman Secretary: Gladys Ingr STATE OF IDAHO ) ) ss County of Ada ) 0 Date approved by District: ./o? - b On this day of rx M r av-4 , 20.0k, before me, the undersigned, a Notary Public in and for said State, personally appeared Wet 4 M.Or O©V and G%td qs .Z h q tit Yn , known or identified to me to be the Chairman and Secretary, respectively; of the District that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~� OTA 66. •'• • e � • G • .• PUBS,l •. J O EOff'�0.0 ��^o6ra�a�emawr ARY PUBLIC FOR IDAHO gission gat: Ise ,�d� Iia Expires: �y c a Sewer Easement W Ada Rec Dist easement.doc 0 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, Jr., City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss. County of Ada ) On this day of , 2003, 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) Sewer Easement easement.doc NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: W Ada Rec Dist 0 EXHIBIT A Project: 11873 Grantor: Western Ada Recreation District Parcel No: 51210131210 Date: November 9, 2005 Revised: December 15, 2005 Revised: January 5, 2006 0 PARCEL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT - That portion of the Southeast 1/4 of the Northwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Northwest corner of Section 10; thence along the Westerly boundary of the Northwest 1/4 of the Northwest 1/4 of said section, South 00°20'51" West, 1,324.43 feet to the North 1/ 16 corner of Section 10; thence along the Southerly boundary of the Northwest 1 /4 of the Northwest 1/4 of said section, South 89'12'56" East, 1,320.33 feet to the Northwest 1/16 corner of Section 10; thence along the Northerly boundary of the Southeast 1/4 of the Northwest 1/4 of said section, South 89'1 T56" East, 213.91 feet; thence South 00°46'17" West, 96.09 feet to the POINT OF BEGINNING; thence South 83 ° 5331" East, 126.97 feet; thence South 21 ° 26'04" West, 38.70 feet; thence North 77'52'39" West, 52.49 feet; thence North 81 ° 28'50" West, 89.56 feet; thence North 47°44'17" East, 37.54 feet to the POINT OF BEGINNING. Containing 0.099 acres, more or less. TOGETHER WITH: TEMPORARY CONSTRUCTION EASEMENT - 2 Commencing at the Northwest comer of Section 10; thence along the Westerly boundary of the Northwest 1/4 of the Northwest 1/4 of said section, South 00"20'51" West, 1,324.43 feet to the North 1 /16 corner of Section 10; thence along the Southerly boundary of the Northwest 1 /4 of the Northwest 1 /4 of said section, South 89" 12'56" East, 1,320.33 feet to the Northwest 1 /16 corner of Section 10; thence along the Northerly boundary of the Southeast 1/4 of the Northwest 1/4 of said section, South 89°13'56" East, 166.08 feet to the POINT OF BEGINNING; thence continuing along said boundary, South 89'13'56" East, 163.84 feet to the Southwest corner of Rod's Parkside Creek Subdivision, as recorded in the official plat thereof, AdaCounty, Idaho; thence along the Southerly boundary of said Subdivision, South 77°14'50" East, 23.99 feet; thence South 41'1733" West, 17.35 feet; thence South 21 ° 26'04" West, 61.71 feet; 0 • Exhibit A November 9, 2005 Revised: December 15, 2005 Revised: January 5, 2006 Page 2 thence North 83'53'31" West, 117.56 feet; thence South 47°44'17" West, 49.36 feet; thence North 00°0T07" East, 98.65 feet to the POINT OF BEGINNING. Containing 0.283 acres (12,348 square feet), more or less. TOGETHER WITH: TEMPORARY CONSTRUCTION EASEMENT - Commencing at the Northwest corner of Section 10; thence along the Westerly, boundary of the Northwest 1/4 of the Northwest 1/4 of said section, South 00°20'51" West, 1,324.43 feet to the North 1/16 corner of Section 10; thence along the Southerly boundary of the Northwest 1/4 of the Northwest 1 /4 of said section, South 89 ° 12'56" East, 1,320.33 feet to the Northwest 1 /16 corner of Section 10; thence along the Northerly boundary of the Southeast 1/4 of the Northwest 1/4 of said section, South 89' 13'56" East, 329.92 feet to the Southwest corner of Rod's Parkside Creek Subdivision, as recorded in the official plat thereof, Ada County, Idaho; thence along the Southerly boundary of said subdivision, thence South 77'14'50" East, 58.14 feet to the POINT OF BEGINNING; thence continuing along said boundary, South 77'14'50" East, 641.73 feet; thence South 04"4T46" East, 43.84 feet; thence North 77'14!28" West, 671.08 feet; thence North 21'26'04" East, 16.96 feet; thence North 41'17'33" East, 28.42 feet to the POINT OF BEGINNING. - Containing 0.631 acres, more or less. TOGETHER WITH: TEMPORARY CONSTRUCTION EASEMENT - 4 That portion of the Southwest 1/4 of the Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the East 1/a corner of Section 10; thence along the Southerly boundary of the Southeast 1/4 of the Northeast %a of said section, North 89° 11'03" West, 1,327.73 feet; thence along the Easterly boundary of the Southwest 1/4 of the Northeast % of Section 10, North 00°28'47" East, 683.14 feet to the POINT OF BEGINNING; thence South 89'40'19" West, 150.00 feet; thence North 00"28'40" East, 31.31 feet; thence North 90 ° 00'00" West, 521.36 feet; thence North 57'41'20" West, 418.79 feet; • thence South 33 ° 33'51 " West, 20.00 feet; thence North 57°41'20" West, 30.00 feet; thence North 32' 18'40" East, 100.00 feet; thence South 57°41'20" East, 100.00 feet; thence South 32° 18'40" West, 30.00 feet; thence South 57°41'20" East, 334.74 feet; thence North 90°00'00" East, 507.29 feet; thence North 00' 28'40" East, 68.70 feet; 0 Exhibit A November 9, 2005 Revised: December 15, 2005 Revised: January 5, 2006 Page 3 thence North 89'40'19" East, 150.00 feet to the Easterly boundary of the Southwest 1 /4 of the Northeast 1/4 of Section 10; thence along said boundary, South 00°2847" West, 150.00 feet to the POINT OF BEGINNING. Containing 1.697 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. v , - Of 8575 �p 4TF F \�P M RMH/TLK:Ihc \\Boisefiles\Public\ProjectManagers\PHK\11873-Black Cat\Admin\Descriptions\11873AdaParksFtRec - Exhibit A.doc n NW COR. /3 SEC. 10 4 9 10 v 04 N M 0 0 0 N 1/18 COR. NW 1/16 COR. SEC. 10 SEC. 10 S8 '12'56` Sari 31!56"E 1320.33' 166.08' AS AN BiSTPANEW OF PROFESSIOKAL SERWO- 6 T@ PROPERTY OF J4; -B EWGVff RB, Ix AND IS NOT TO BE USED, BI%mm OR PART, FOR ANY OTHER PRO.¢Of WITHOUT TIES WWW WR07EN AUTHOR¢ATION OF J44S BNOSOMM k. N. SCALE: 1"=509 P.O.B. —S89'13'56`E 163.84' S77-14'50-,, —----- --- ?399' co ^fi g' p I / re � 3 zl �av I /N yN NFILF-wmp-s.. PI.--w� EXHIBIT B 8575 a tip OF ID m SHEET DISTRICT 2 TEMPORARY CONSTRUCTION EASEMENT -2 IoF 4 EXHIBIT C Project: 11873 Grantor: Western Ada Recreation District Parcel No: 51210131210 Date: November 9, 2005 Revised: December 15, 2005 Revised: December 20, 2005 PARCEL DESCRIPTION PERMANENT SEWER LINE EASEMENT - 1 That portion of the Southeast 1/4 of the Northwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Northwest corner of Section 10; thence along the Westerly boundary of the Northwest 1 /4 of the Northwest 1 /4 of said section, South 00°20'51" West, 1,324.43 feet to the North 1 /16 corner of Section 10; thence along the Southerly boundary of the Northwest 1/4 of the Northwest 1/4 of said section, South 89 ° 12'56" East, 1, 320.33 feet to the Northwest 1 / 16 comer of Section 10; thence along the Northerly boundary of the Southeast 1 /4 of the Northwest 1 /4 of said section, South 89 " 13'56" East, 329.92 feet to the Southwest corner of Rod's Parkside Creek Subdivision, as recorded in the official plat thereof, Ada County, Idaho; thence along said boundary, South 77° 14'50" East, 23.99 feet to the POINT OF BEGINNING; thence continuing along said boundary, South 77" 14'50" East, 34.15 feet; thence South 41 ° 1733" West, 28.42 feet; thence South 21 ° 26'04" West, 79.34 feet; thence North 83" 5331" West, 126.97 feet; thence South 47'44'17" West, 39.19 feet to the center line of Ten Mile Drain; thence along said center line, North 79°29'08" West, 37.68 feet; thence North 47`441 T' East, 75.45 feet; thence South 83 ° 5331" East, 117.56 feet; thence North 21 ° 26'04" East, 61.71 feet; thence North 41 ° 1733" East, 17.35 feet to the POINT OF BEGINNING. Containing 0.188 acres (8,190 square feet), more or less. END OF DESCRIPTION TOGETHER WITH: PERMANENT SEWER LINE EASEMENT - 2 That portion of the Southwest 1/4 of the Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the East 1 /4 corner of Section 10; thence along the Southerly boundary of the Southeast 1 /4 of the Northeast 1 /4 of said Section, North 89° 11'03" West, 1,327.73 feet; thence along the Easterly boundary of the Southwest 1/4 of the Northeast 1/4 of Section 10, North 00'284T' East, 666.68 feet to the POINT OF BEGINNING; thence North 45"00'00" West, 23.93 feet; thence North 90°00'00" West, 662.76 feet; thence North 57°41'20" West, 398.13 feet; thence South 33°33'51" West, 32.77 feet to the centerline of Ten Mile Drain; Exhibit C November 9, 2005 Revised: December 15, 2005 Revised: December 20, 2005 Revised: January 5, 2006 Page 2 thence along said center line, North 56 ° 27.'08" West, 30.00 feet; thence North 33 ° 33'51" East, 62.13 feet; thence South 57°41'20" East, 418.79 feet; thence North 90°00'00" East, 660.15 feet; thence South 45' 00'00" East, 15.75 feet to the Easterly boundary of the Southwest 1 /4 of the Northeast 1 /4 of Section 10; thence along said boundary, South 00'28'47" West, 35.79 feet to the POINT OF BEGINNING. Containing 0.781 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 0 8575 I-5.0 �0 9rf O F \Sj V� RMH/TLK:Ihc \\Boisefiles\Public\ProjectManagers\PHK\11873-Black Cat\Admin\Descriptions\11873AdaParks@Rec - Exhibit C.doc January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT ITEM NO. S -O REQUEST Temporary Construction Easement for Waltman Lane Sewer Extension at Ten Mile Creek AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: �ve 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 stall become properly of the City of Meridian. • City of Meridian~!A-�' ,.2 - Public WorkS Dept.; To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer jGI CC: File ®ate: January 17, 2006 0 CITY OF MERIDIAN CITY CLERK OFFI(-F Re: Proposed Agenda Item for January 24, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 24 City Council agenda, under Consent Agenda, for Council's consideration: Temporary Construction Easement Agreement for Waltman Lane Sewer Extension at Ten Mile Creek The agreement provides a temporary easement for staging and access of construction equipment and materials for the Waltman Lane Sewer Extension Project. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement for a Temporary Construction Easement for the Waltman Lane Sewer Extension Project at Ten Mile Creek. Sanitary Sewer Easement Agreement for Waltman Lane Sewer Extension at Ten Mile Creek The agreement provides a permanent non-exclusive easement for sanitary sewer at the project location. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement for a Sanitary Sewer Easement for the Waltman Lane Sewer Extension Project at Ten Mile Creek. Thank you for your consideration., Please contact me if you have any questions regarding any of these items. 0 Page 1 0 • TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ("Agreement"), is made this _ day of , 2006, by and between Boise Waltman LLC, the "GRANTOR" and THE CITY OF MERIDIAN, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: GRANTOR does hereby grant to the GRANTEE a non-exclusive temporary construction easement (the "EASEMENT") under, over, through and across that portion of the Grantor's real property situated in the COUNTY OF ADA, STATE OF IDAHO more particularly described or depicted on Exhibit "A° and "A-1" attached hereto and by this reference made a part hereof (the "Servient Estates). This grant is made on the following terms: 1. Authorized Uses by GRANTEE. The GRANTEE's use of the Easement granted herein shall be in connection with that certain Non -Exclusive Sanitary Sewer Easement Agreement of even date herewith and the construction of a portion of a sanitary sewer line as set forth therein, and for the sole purpose of access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to GRANTEE in connection with such sewer construction and improvement, and for ingress and egress to and from the area of construction. 2. Use by Others Under GRANTEE. The GRANTEE's right to so use the Servient Estate during the term of the Easement shall extend to use by GRANTEE's elected officials, employees, contractors and agents. 3. Term. This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Agreement and terminate upon the completion of that portion of the sanitary sewer trunk project construction to occur on the GRANTOR'S property, or May 15, 2006, whichever occurs first. On the expiration of the term of this Easement, the rights and privileges granted to GRANTEE hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. GRANTEE hereby agrees to indemnify and hold GRANTOR harmless from and against any and all liability, loss, lien, injury, death and damage, and attorneys' fees and costs that might be incurred by GRANTOR in defending any such claim, and that may otherwise result from the use of the Servient Estate by GRANTEE, its elected officials, employees, contractors and agents, hereunder. 5. Restoration on Expiration of Term. On the expiration of the term of this Easement, the Servient Estate shall be restored by GRANTEE, at its sole cost and expense, to at least as good a condition as existing on the date of this Agreement. 6. Binding Effect. This Agreement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of (i) GRANTEE AND GRANTOR, respectively, and their successors and assigns. TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove set forth. GRANTOR covenants to the GRANTEE (a) that the GRANTEE shall enjoy the quiet and peaceful possession of the Servient Estate throughout the tern hereof, and, (b) GRANTOR warrants to the GRANTEE that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to GRANTEE. IN WITNESS WHEREOF, this parties hereto have executed this Agreement as of the date first set forth above. GRANT (S): ' t: Boi a Waltman L ay M. Kaplan, Manager STATE OF ARIZONA ) ss County of MARICOPA On this t �� day of ;11 � , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Jay M. Kaplan, known or identified to me to be the Manager of the limited liability company that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) JASON W. WINKLER NOTARY PUBLIC - ARIZONA MARICOPA COUNTY My Commission Expires March 7, 2009 GRANTEE: CITY OF MERIDIAN N ARY P LIC FOR ARIZONA Residing at: u;,,,Is Commission Expire— -, r 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 , 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. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: 9A Exhibit "A". Legal Description of Temporary Construction Easement A temporary construction easement sewer located in the NW 1/4 of the SE 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter marking the northeast corner of said NW 1/4 of the SE 1/4 (CE 1/16t' Corner), from which a 5/8 inch diameter iron pin marking the northwest corner of said NW 1/4 of the SE 1/4 bears N 89°52'22" W a distance of 1321.56 feet; Thence S 0°19'56" W along the easterly boundary of said NW 1/4 of the SE 1/4 a distance of 20.99 feet to POINT OF BEGINNING; Thence continuing along said easterly boundary S 0019'56" W a distance of 25.49 feet to a point; Thence leaving said easterly boundary S 63046'05" W a distance of 178.67 feet to a point; Thence N 23039'48" W a distance of 115.24 feet to a point on the southerly right-of-way of Waltman Lane; Thence S 89041'56" E along said southerly right-of-way a distance of 54.72 feet to a point; Thence leaving said southerly right-of-way S 239'48" E a distance of 40.72 feet to a point; Thence N 63046'05" E a distance of 83.31 feet to a point on the southerly right-of-way of Waltman Lane; Thence S 89041'56" E along said southerly right-of-way a distance of 60.88 feet to the POINT OF BEGINNING. This parcel contains 11,225 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC Revised January 10, 2006 ONpL LA/y� l .c 1118 O F ��� 5� ETON W. HPC Waltman Lane — Ten Mile Sewer Extension Job No. 05-19 0 --i rn m K O M p m K m Z � rn m M M rn M Z q EA "' O O Z ° ° co n z m Co M � Z z z 0 z o z _C Z m Gt z L, -i M -I 0 N 0 --q '- ZO (l = m OwZ Om =z zZ� DMO _m -n r) 2 Omm z�m �4 O �mm "� _ r 25.49 20.ss� 0220 S079'56�W ti p Z � o Cb w zg z z , ~ �O S. MERIDIAN RD January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT ITEM NO. 5-P REQUEST Sanitary Sewer Easement Agreement for Waltman Lane Sewer Extension at Ten Mile Creek AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT. ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER OVID NAVARRO AMOUNT .00 i BOISE IDAHO 02116106 01:44 PM DEPUTY Neava Haney ��I �Ill��ll�l�llllf ���IIIIII"��II'II RECORDED -REQUEST OF Meridian Ciiyr 106024901 NON-EXCLUSIVE SANITARY SEWER EASEMENT AGREEMENT THIS NON-EXCLUSIVE SANITARY SEWER EASEMENT AGREEMENT ("Agreement "j, is made this +?/ yday of a n , 2006 between Boise Waltman LLC, the party 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; RECITALS: WHEREAS, the Grantors desire to provide a non-exclusive sanitary sewer right-of-way across the premises and property of Grantor hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others at the sole cost and expense of Grantee; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; AGREEMENT: NOW, THEREFORE, in consideration of the incorporation of the foregoing recitals, 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 non-exclusive right-of- way for an easement for the operation and maintenance of a sewer line over and across that portion of the Grantor's property as more particularly described on Exhibit "A" and "A-1" attached hereto and incorporated by this reference. {SEE ATTACHED EXHIBIT "A" and "A -I"} The easement hereby granted is for the sole purpose of construction and operation of a sanitary sewer line 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. The sewer easement granted hereby shall be maintained by Grantee in a neat and aesthetically pleasing condition and in conformance with all local, state and federal laws, and all liabilities, costs and expenses related to the construction, maintenance and repair and use of said sewer easement shall be the sole responsibility of Grantee. Grantee shall preserve and protect, to the extent possible, the underlying lands of Grantor from erosion, or other damage related to the use of the easement. This Agreement shall run with the land and shall be binding upon and inure to the benefit of, and be enforceable (at law or in equity) by Grantor or Grantee or their respective Sewer Main Easement 1 of 4 Sewer Easemem.doc successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would unreasonably 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. THE GRANTOR AND GRANTEE do hereby agree that in the event of litigation arising out of this Agreement, the prevailing party will be entitled to the award of costs and reasonable attorney fees in addition to such other relief available at law or in equity. THE GRANTOR AND GRANTEE do hereby agree that all Exhibits attached to this Agreement constitute a part of this Agreement This Agreement, together with the accompanying Exhibits, constitutes the entire agreement among the parties and supersedes all prior memoranda, correspondence, conversations and negotiations. THE GRANTEE and Grantee's heirs, successors, assigns, purchasers, or transferees of any kind, covenant and agree with Grantor and Grantor's heirs, successors, assigns, purchasers, or transferees of any kind, to indemnify, defend, and hold harmless Grantor and its heirs, successors and assigns from any loss, claim, lien, debts, taxes and assessments of any kind, damages, judgments, awards or other liability of any nature (including attorney fees and costs) that may result from Grantee's use of the sewer easement established herein. IN 'WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Sewer Main Easement 2 of 4 Sewer Easementdoc STATE OF ARIZONA) :ss. County of MARICOPA) On this 7> 44 day of o hruet-y , 2006, before me, the undersigned, a Notary Public in and fof said State, personally appeared Jay M. Kaplan, known or identified to me to be the Manager of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) ARY UBLIC FOR ARIZONA WNOT'rARY SON W.1IVINIQER Residing at: U2,ells rte° � �1 - ,,- PUBLIC -ARIZONA �t � .� MARICOPA COUNTY Commission Expires: 3 0 yMarc; S7, 2009 ares GRANTEE: CITY OF MERIDIAN Sewer Main Easement 3 of 4 Sewer Easement.doc 9---, • 0 le 71 Tammy de Weerd,'T�d`�'���P� f Attest by William G. Bed, City Clerk w Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of 2006, before me, the undersigned, a Notary Public in and for said State, pers6nally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: rrtc t k> ct oA Commission Expires: to -116-11 Sewer Main Easement 4 of 4 Sewer Easement doe 0 i Exhibit "A". Legal Description of Sewer Easement An easement for sanitary sewer located in the NW 1/4 of the SE 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter marking the northeast corner of said NW 1/4 of the SE 1/4 (CE 1/16' Corner), from which a 5/8 inch diameter iron pin marking the northwest corner of said NW 1/4 of the SE 1/a bears N 89 °52'22" W a distance of 1321.56 feet; Thence S 0°19'56" W along the easterly boundary of said NW 1/4 of the SE 1/4 a distance of 20.99 feet to a point on the southerly right-of-way of Waltman Lane; Thence N 89°41'56" W along said southerly right-of-way a distance of 60.88 feet to the POINT OF BEGINNING; Thence leaving said southerly right-of-way S 63°46'05" W a distance of 83.31 feet to a point; Thence N 2303948" W a distance of 40.72 feet to a point on the southerly right-of-way of Waltman Lane; Thence S 89041'56" E along said southerly right-of-way a distance of 91.07 feet to the POINT OF BEGINNING. This parcel contains 1,695 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Opt L O Land Solutions, PC s Revised January 4, 2006 11118 C, � allayl+ �� s r! �r� o� 4'rON W LAS lblutlon;5 Waltman Lane — Ten Mile Sewer Extension --�'�'�nd^�•^" Job No. 05-19 03 0 0 n 0 � cs c� o w in N r ° 10, o k CCD"LA �I 0� DO o -- IL $ r +Ln Co 0% Q NNN> m •{ �,�,' I n N Qy� �£,£Zb,,S b m x v O w l a ZI �Z� a) oto `� ( m � m Z C �' �114 ?z4�- > c) 0 > M -n � ale O m m z ti C � m cn z'' o0 LA EA M � ao� m E I s••m� E a h n L_J i 20.99' 2C� m m S 079'56" W cv No % p Z Len m � D m �, p p m o00 Zw o m q c c 0 Z� m Z � m Z cvv z z = -4_ z � � w --I EA m Z "' 0 m Z MERIDIAN RD Z 00 O Z o � C Z Gl Z -q m -q I Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer IC -IC - CC: File 0 JAN 19 2006 CITY OF MERIDIAN CITY CLERK OFFI(-F Date: January 17, 2006 Re: Proposed Agenda Item for January 24, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 24 City Council agenda, under Consent Agenda, for Council's consideration: Temporary Construction Easement Agreement for Waltman Lane Sewer Extension at Ten Mile Creek The agreement provides a temporary easement for staging and access of construction equipment and materials for the Waltman Lane Sewer Extension Project Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement for a Temporary Construction Easement for the Waltman Lane Sewer Extension Project at Ten Mile Creek. Sanitary Sewer Easement Agreement for Waltman Lane Sewer Extension at Ten Mile Creek The agreement provides a permanent non-exclusive easement for sanitary sewer at the project location. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement for a Sanitary Sewer Easement for the Waltman Lane Sewer Extension Project at Ten Mile Creek. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 NON-EXCLUSIVE SANITARY SEWER EASEMENT AGREEMENT THIS NON-EXCLUSIVE SANITARY SEWER EASEMENT AGREEMENT ("Agreement"), is made this day of , 2406 between Boise Waltman LLC, the party 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; RECITALS: WHEREAS, the Grantors desire to provide a non-exclusive sanitary sewer right-of-way across the premises and property of Grantor hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others at the sole cost and expense of Grantee; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; AGREEMENT: NOW, THEREFORE, in consideration of the incorporation of the foregoing recitals, 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 non-exclusive right-of- way for an easement for the operation and maintenance of a sewer line over and across that portion of the Grantor's property as more particularly described on Exhibit "A" and "A-1" attached hereto and incorporated by this reference. (SEE ATTACHED EXHIBIT "A" and "A -P) The easement hereby granted is for the sole purpose of construction and operation of a sanitary sewer line 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. The sewer easement granted hereby shall be maintained by Grantee in a neat and aesthetically pleasing condition and in conformance with all local, state and federal laws, and all liabilities, costs and expenses related to the construction, maintenance and repair and use of said sewer easement shall be the sole responsibility of Grantee. Grantee shall preserve and protect, to the extent possible, the underlying lands of Grantor from erosion, or other damage related to the use of the easement. This Agreement shall run with the land and shall be binding upon and inure to the benefit of, and be enforceable (at law or in equity) by Grantor or Grantee or their respective Sewer Main Easement 1 of 4 Sewer Easementdoc • successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would unreasonably 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. THE GRANTOR AND GRANTEE do hereby agree that in the event of litigation arising out of this Agreement, the prevailing party will be entitled to the award of costs and reasonable attorney fees in addition to such other relief available at law or in equity. THE GRANTOR AND GRANTEE do hereby agree that all Exhibits attached to this Agreement constitute a part of this Agreement. This Agreement, together with the accompanying Exhibits, constitutes the entire agreement among the parties and supersedes all prior memoranda, correspondence, conversations and negotiations. THE GRANTEE and Grantee's heirs, successors, assigns, purchasers, or transferees of any kind, covenant and agree with Grantor and Grantor's heirs, successors, assigns, purchasers, or transferees of any kind, to indemnify, defend, and hold harmless Grantor and its heirs, successors and assigns from any loss, claim, lien, debts, taxes and assessments of any kind, damages, judgments, awards or other liability of any nature (including attorney fees and costs) that may result from Grantee's use of the sewer easement established herein. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Sewer Main Easement 2 of 4 Sewer Easement.doe M • STATE OF ARIZONA) :ss. County of MARICOPA) On this V 44 day of �oLrct.ac-fir , 2006, before me, the undersigned, a Notary Public in and fof said State, personally appeared Jay M. Kaplan, known or identified to me to be the Manager of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAT,) 'ARY UBLIC FOR ARIZONA WNO'TARYASON W. WINKLER Residing at: U.9, PUBLIC -ARIZONA SIS ��,� MARICOPA COUNTY Commission Expires: &3 07 y March , 2009pires GRANTEE: CITY OF MERIDIAN Sewer Main Easement 3 of 4 Sewer Easement.doe v t C� 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 , 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. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sewer Main Easement 4 of 4 Sewer Easement.doc /� Exhibit "A". Legal Description of Sewer Easement An easement for sanitary sewer located in the NW 1/4 of the SE 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter marking the northeast corner of said NW 1/4 of the SE '/4 (CE 1/16' Corner), from which a 5/8 inch diameter iron pin marking the northwest corner of said NW 1/4 of the SE 1/4 bears N 89052'22"W a distance of 1321.56 feet; Thence S 0 019'56" W along the easterly boundary of said NW 1/4 of the SE 1/4 a distance of 20.99 feet to a point on the southerly right-of-way of Waltman Lane; Thence N 89041'56" W along said southerly right-of-way a distance of 60.88 feet to the POINT OF BEGINNING; Thence leaving said southerly right-of-way S 63046'05" W a distance of 83.31 feet to a point; Thence N 23139'48" W a distance of 40.72 feet to a point on the southerly right-of-way of Waltman Lane; Thence S 89041'56° E along said southerly right-of-way a distance of 91.07 feet to the POINT OF BEGINNING. This parcel contains 1,695 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS O p L L o Land Solutions, PC s Revised January 4, 2006 11118 CP oiloy _ < �rFo F �oP 5w 2T0Af W HP- La�bl ons Waltman Lane - Ten Mile Sewer Extension k -WC-,.dtft Job No. 05-19 a N O O N Kw No M " .4% — m �oDLn N—Vt c 0 v ;-I 0 00wv, ti w � m cr � N D Ln Ln V EP X f---1 L_J m a D z m Z -i LA m m a m m f / r O O O W a 0 0 I N I 0 0 CL I 0- CD CD I 0 0 _0 0 m CL co R* I " z\—co co 1 I I O z C z - 0 Z Zv O = 1 1 O o Z Z _w \ a S 07956 \ " z\—co co m D OM MT Z Z m m O z C z - 0 Z Zv O = O z v co EA � z C O o Z Z _w \ a S 07956 GZ1 z \ Cn z\—co co to o Z~ UAV z♦ rr\, It- �n O m �O to o Z~ O z♦ _w \ a S 07956 W r m G) m o Z v 0 0 9 rl ti O '- O Z� Q Owz T z .� M �m =z ?z� >m0 r) Omm Z m M 0 � p tA cn ymm 20.99' �n O m �O Z � z♦ _w \ a .. S. MERIDIAN RD X C O Ln m m m z "i 0 • January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT ITEM NO. 5-Q REQUEST Water Main Easement Agreement for Newton's Nook by Pennwood II, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: ararr innais: Materials presented at public meetings shall become property of the City of Meridian. Phone: M • ADA COUNTY RECORDS DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 02102106 71757 PM 1 DEPUTY Pati Thompson II I I I II II I �� I II I I �IIII II I II'I I I' I III RECORDED -REQUEST OF 116k� 1�t}Ei City of Meddtan WATER MAIN EASE].VMNT THIS INDENTURE, made this /6 day ofg_20rte-, between � of D Ar t t the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way ight-ofway and easement hereby granted shall become part of, or he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR "---1 ..0 fA THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Secretary STATE OF IDAHO ) )ss County of Ada ) On this day of 2 before me, the undersigned, a Notary Public in and for said State, personally a ared and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist abovewriten �•••••• 4l i% (SEAL): '1 NOTARY PI LIC FOR ID ' Residing at l JJ • , ; Commission Expires: °:r!► +• .'%;7'E OF.•• Water Main Easement EASMT WTR — ori _. /( ".. GRANTEE: CITY OF MERIDIAN 01F Tammy de eerd, Ma r r A est by William G. Berg, C Jerk Approved By City Council On: In STATE OF IDAHO, ; : ss. County of Ada • On this -day of "appeared.TAIAW— O V ± 200tbefore me, the undersigned, a Notary Public in and for said State, perso yde WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: [YU Ld Commission Expires: - — (5'.-- l ( Water Main Easement EASMT WTR �U CML AND STRUCTURAL ENGINEERING AND LAND SURVEYING EXHIBIT A City of Meridian Waterline Easement for Newton's Nook Subdivision Job No. 05007 9/14/2005 Land in Lot 10, Block 1 of Troutner Park Subdivision, as per the Plat thereof, in Book 75, at Pages 7762-7764, Ada County Plat Records, within the NE1/4 of Section 13, T3N, RIE, B.M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Northwest Comer of said NE1/4 (North 1/4 comer of Section 13), marked by a brass cap as per comer perpetuation record, Inst. No. 98117248; thence, along the North Line of said Section 13, South 89015'42" East, 966.57 feet; thence South 0005249' West, 45.00 feet, to the Northeast Comer of Lot 1, Block 1 of said Subdivision; thence along the boundary of said subdivision, the following three (3) calls; 1. South 00°52'49' West, 568.80 feet; 2. North 71025'40" East, 317.12 feet; 3. South 00052'45" West, 802.35 feet, to the Northwest comer of said Lot 10, and to a set 5/8 inch rebar with a plastic survey cap marked "PLS 10782"; thence along the North Line of said Lot 10, South 89010'56" East, 323.02 feet, to a set 5/8 inch rebar with a plastic survey cap marked "PLS 10782"; thence, continuing, South 89010'56" East, 2.00 feet, to a point on the westerly right-of-way of SW Wh Avenue and the Northeast comer of said Lot 10; thence, along said right-of-way, South 00053'16" West, 238.80 feet, to the Southeast comer of said Lot 10; thence North 89106'44" West, 2.00 feet, to a set 5/8 inch rebar with a plastic survey cap marked "PLS 10782", a witness comer, thence, continuing, North 89°06'44" West, 114.15 feet, to the POINT OF BEGINNING; thence the following 26 (twenty-six) calls: 1. North 89°06'44" West 20.00 feet; 2. North 00053'32" East 9.83 feet; 3. North 3205128" West 32.40 feet; 4. North 00053'32" East 37.76 feet; 5. North 89006'36" West 48.32 feet; 6. North 00°53'24" East 6.00 feet; 7. South 89006'36" East 48.32 feet; 8. North 00053'32" East 57.00 feet; 9. South 89006'36" East 12.00 feet; 10. North 00053'32" East 20.00 feet; 11-. North 89°06'36" West 60.62 feet; P UG9 Newton's Nook\Drawmp\Survey\EXH113rr & DES005007 Easement LegaLDOC L is C'(�j�•; i•i'e�Af:�,U �A"b� tA��'�-�•5. i.uG'. ....� i:` y�t..�'� alamiwa, 1601:, ";3657 CIM AND STRUCTURAL ANGMEERINGANDLANDSURVEYING 12. North 0005324" East 6.00 feet; 13. South 89°06'36" East 111.24 feet; 14. South 00°53'24" West 6.00 feet; 15. North 89006'36" West 39.61 feet; 16. South 00053'32" West 20.00 feet; 17. South 89°06'36" East 20.31 feet; 18. South 00°53'24" West 20.00 feet; 19. North 89°06'36" West 23.31 feet; 20. South 00°53'32" West 37.00 feet; 21. South 89006'36" East 42.61 feet; 22. South 00053'24" West 6.00 feet; 23. North 89006'36" West 42.61 feet; 24. South 00053'32" West 31.70 feet; 25. South 32051'28" East 32.40 feet; 26. South 0005332" West 15.89 feet; to the POINT OF BEGINNING. L LAND s,!; TEk�.d /f ;..,fif V. 1k11 q-10- 0,5 PAMT1Newton's Nook\Drawings\Survey\EXf B1T & DESC\05007 Easement Lega1.DW Treast;r%a Vallee in E' Franklin Rd. r,,i 4, N:?;1apd. ld,,' , ',' 6157 t�^'. S' C �C T P yl t s.,,,,,•, ;� ; vw�rs.�tz tz rr r.. Gl O;` �; 55: W N-r+C PRAWa.IN SQUARE SUB W N O pp� WLJW z m zzrnzrnzpKzzggzm gou•co . . gqRwpeDrOqq0�10(y i. O. . . . . Qi z W W .C�.. NAj NLJ co W LA (ANN I I �1 A M" rim A.A-01 r+i *° ;g Q0 r4 rq NNA r4 AA LV w 1 i (SBI I I 1 L 0 0 U OI (HO NNN-+NN W ONOOQ3 , Ol NEn On DO 000 r�W000��000000m 00 W (.100000O0 1 Q'j 1 11 p tri 1 1� YE •—______.___ S13A6 OQa.3'ta• w(aQ0'Qe'Oa'1VjCt) 4 - P I � I 1 F ggg¢� 2 Ilp PRAWa.IN SQUARE SUB pp� WLJW _.52.45 5237 i b ' I Ip I I �1 Irt t a �1 QRZ 1 LV w 1 i (SBI I I 1 L QL. I I Er sR i 9i�1 t-- N a0'ai'411• [ 81380' ( Ia000B'31'Y)C7) V 1 1 9'A. l too j si " 5%Tr l rf�9Qga} 1 , dacp f I I YS + +�IW 11 it 7 1 Q'j 1 11 p tri 1 1� Iagso z yy yy 1 1 M b Id N -I O it S CO'SJ'16' w calvQa'ae�p{,> 2SB.9p' (zae.7s•)(ty — __ __ .__ __ YE •—______.___ S13A6 OQa.3'ta• w(aQ0'Qe'Oa'1VjCt) 4 - P I � I 1 F ggg¢� 2 • Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File • City of Meridian Public Works Dept. Date: 1/17/2006 Re: Proposed Agenda Items for 1/24/06 City Council Meeting JAN 1 S 2006 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 1/24/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Newton's Nook by Pennwood III LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Newton's Nook by Pennwood III LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this I day of &1i:, 20Afi—between � 4W QC It 6 , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada. County, Idaho, the parry of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an.easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Secretary STATE OF IDAHO ) ) ss County of Ada ) On this t b day ofaj�- U� , 20&5, before me, the undersigned, a Notary Public in and for said State, personally al -*eared ` M5—'SZ C A JAW--Z&'y� and . known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written , G�p• 0 (SEAL): �'' ; NOTARY PVBLIC FORfn, • • Residing at u� Commission Expires:OF ease** Water Main Easement EASMT WTR 0 0 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, . ss. County of Ada On this day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR EXHIBIT A City of Meridian Waterline Easement for Newton's Nook Subdivision Job No. 05007 9/14/2005 Land in Lot 10, Block 1 of Troutner Park Subdivision, as per the Plat thereof, in Book 75, at Pages 7762-7764, Ada County Plat Records, within the NE1/4 of Section 13, T3N, R1 E, B.M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Northwest Comer of said NE1/4 (North 1/4 comer of Section 13), marked by a brass cap as per comer perpetuation record, Inst. No. 98117248; thence, along the North Line of said Section 13, South 89115'42" East, 966.57 feet; thence South 00°52'49' West, 45.00 feet, to the Northeast Comer of Lot 1, Block 1 of said Subdivision; thence along the boundary of said subdivision, the following three (3) calls; 1. South 00°52'49' West, 568.80 feet; 2. North 71125'40" East, 317.12 feet; 3. South 00052'45" West, 802.35 feet, to the Northwest comer of said Lot 10, and to a set 5/8 inch rebar with a plastic survey cap marked "PLS 10782"; thence along the North Line of said Lot 10, South 89010'56" East, 323.02 feet, to a set 5/8 inch rebar with a plastic survey cap marked "PLS 10782"; thence, continuing, South 89010'56" East, 2.00 feet, to a point on the westerly right-of-way of SW 5t' Avenue and the Northeast comer of said Lot 10; thence, along said right-of-way, South 00053'16" West, 238.80 feet, to the Southeast comer of said Lot 10; thence North 89006'44" West, 2.00 feet, to a set 5/8 inch rebar with a plastic survey cap marked "PLS 10782", a witness comer, thence, continuing, North 89°06'44" West, 114.15 feet, to the POINT OF BEGINNING; thence the following 26 (twenty-six) calls: 1. North 89006'44" West 20.00 feet; 2. North 0005332" East 9.83 feet; 3. North 32151'28" West 32.40 feet; 4. North 00°53'32" East 37.76 feet; 5. North 89006'36" West 48.32 feet; 6. North 00053'24" East 6.00 feet; 7. South 89006'36" East 48.32 feet; 8. North 00153'32" East 57.00 feet; 9. South 89006'36" East 12.00 feet; 10. North 0005332" East 20.00 feet; 11. North 89006'36" West 60.62 feet; P:UGT%Newton's Nook\Drawings\Survey\EXRIBrF & DESC\05007 Easement Legal.DOC Treasure Valley ntnl�oeer.s, Elm Office: {209} 463-0305 5680 E € raffli i Rd. Suite 220 F K: (?C,R) € 3-4 sa 1 Nampa. pa. Idaho 83687 [i',i v real treVsOII zyEt bible is,com 12. North 00053'24" East 6.00 feet; 13. South 89106'36" East 111.24 feet; 14. South 00053'24" West 6.00 feet; 15. North 89106'36" West 39.61 feet; 16. South 00°53'32" West 20.00 feet; 17. South 89106'36" East 20.31 feet; 18. South 0005324" West 20.00 feet; 19. North 89006'36" West 23.31 feet; 20. South 00053'32" West 37.00 feet; 21. South 89006'36" East 42.61 feet; 22. South 00053'24" West 6.00 feet; 23. North 89106'36" West 42.61 feet; 24. South 00153'32" West 31.70 feet; 25. South 32051'28" East 32.40 feet; 26. South 00053'32" West 15.89 feet; to the POINT OF BEGINNING. LAND D ST -70 `*a T G.� (7-14-0,5 P:VGTWewton's Nook\Drawings\Survey\EXHIBTT & DESC\05007 Easement Legg DOC Treasure Valley B eet--. f>11C. Office: (208) 4633-0,305 5690 F Franklin Rd, Britt' 220 Fax: (20 8) 4{3)-4391 !�?e_�i??:, �Cu�"lt� Q;$fn<j',`,1 ��': u1'iTs`.�a'iP��;it°'p�Jc�,��.w,',b''�i?�:E�4PI•�.D�iL%iia 0 0 r r r r r r �I OINA r r r r W N—.z r r W N- +OOOD 1 1 f'l Z Z (n Z w z (n z z o w z m 0 0 O O 0 0 O OOt04o 0( OD N tDpOOOO O O O O m (T Ut W W (n Cn W W 0000(n W 01 O) O) (A (, G+ W p r Z W W N N N W W W („ � a NNAA fTl ITI 'r2 r::� A mCf ONNAAA m m m r O U 'o 0 m N m 0I 0 0 N N 0 u 0 W N -+NN O N W 0 O O 0 0 W. 0 0 N -Ni O g 0 O O O m p m FRAN)O.W MUPJM SUB GEM � G G o$$ N 00'52'45' E_(soa'De'2rt1) 185.83'(1) 802M' (8D2-/u9h) .g W. PENWOOD ST. W 04 ID 16497 .�- -- • 9p �4.'4..0-�- -.__._ J wart OF WAY(1) p 4q u BOCOB'27Y�(1) Noo �2.�'EE((,�)c,) N 1 �3 _. N00'S2' 55 52.57 �e ( iG"• m ;a lid? NE ml �� Iw N �11 ori tr 1 w j �AI 1 I�' yyY `h' /�--N.O 52'49_E / 813.80 LWOW � I ��1 p+.yc nvc -- aac (soaos'31'Wj(U-/---'--� �7 1 I L_..j,Vti'4 .>b2'9?ty 3mST'.py =� 1 -1—Sl 3� n � �� 1 �`� Jri0• � iy :nm' —ill � i9 � i� � �'' I 9� �1 ��`• �� wn Ib .1 4 k I"S SW sna AVE 81&84'(1) Z H � x ZI I 1 1 1 Z H � x ri January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT ITEM NO. 5-R REQUEST Contract to Commission Artwork for the Meridian Gateway between the City of Meridian and Sculptures by BJH, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: p V - Al ,. CITY SEWER DEPT: 1� V'" CITY PARKS DEPT: MT 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 became properly of the City of Meridian. • 0 CONTRACT TO COMMISSON AN ARTWORK THIS AGREEMENT made as of the date this agreement is fully executed between Sculptures by BJH LLC (hereinafter referred to as the "Artist"), located at 3175 N. Ten Mile Road, Meridian, ID 83642-5307 (208) 887-9632 and the City of Meridian (hereinafter referred to as the "Purchaser"), located at 33 East Idaho Avenue, Meridian ID, 83642. Contact person for this entity is the Meridian City Clerk at (208) 888-4433. This purchaser designated the Artist Bernie Jestrabek-Hart, employee of Sculptures by BJH LLC to fabricate the work herein described. WHEREAS, Sculptures by BJH LLC employs a recognized professional artist; and, WHEREAS, the Meridian City Gateway signage committee has designed a sculpture to be placed at Meridian's Gateway at the intersection of Meridian Road and Main Street near Waltman Lane; and, WHEREAS, the Purchaser desires to contract for the work of the Artist and wishes to commission the Artist to fabricate a work of art as designed by the Gateway Signage Committee (hereinafter referred to as "the Work"); and, WHEREAS, the parties wish to have the creation of this work of art governed by the mutual obligations, covenants, and conditions herein. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows: 1. Design and Price. The Artist hereby agrees to reproduce the design for the Meridian Gateway sculpture and fabricate the Work as depicted and described in Exhibit "A" attached hereto and incorporated herein. The Work shall be fabricated to include the following materials: The top portion (the "Meridian logo") shall be made of stainless steel. The bottom portion shall be made of 1/a inch steel rod twisted to simulate barbed wire. Artist shall coordinate with the lighting consultant prior to fabrication to make provisions for mounting LED lighting within the sculpture. The intended site for placement of the completed Work shall be as depicted in Exhibit `B" attached hereto and incorporated herein. The Purchase Price for the Work shall be Sixteen Thousand Dollars ($16,000.00). A. The above listed price does not include lighting, installation, or the foundation into which these sculptures are to be mounted (such as a rock, dirt, or masonry foundation). Contract to Commission an Artwork page 1 of 9 B. The price does include the proper mount needed within the sculpture to allow the piece to be installed. 2. Progress Payments. Within 30 days of the Signing of this agreement, the Purchaser agrees to pay the deposit of %2 (one-half) of the purchase price. The Artist shall proceed with construction of the Work. Purchaser is a tax exempt governmental entity, so no sales tax shall be collected on the purchase price. The remainder of the purchase price shall be paid upon completion of the Work. Completion of the Work shall be determined by the Artist, who shall use the Artist's professional judgment to deviate from the preliminary design only as required as the Artist in good faith believes necessary to create the Work. 3. Completion Date. The intended Completion Date is the 30th day of June, 2006. This completion date shall be extended for such period of time as the Artist may be disabled by illness preventing progress of the Work. This completion date shall be extended for such period of time by events beyond the control of the Artist, including but not limited to fire, theft, strikes, shortages of materials, and Acts of God. Time shall not be considered of the essence with respect to the completion of the Work. 4. Insurance, Shipping, and Installation. The Artist agrees to bear any other risk of loss and/or damage until the Purchaser receives the Work at Artists location set forth in the first paragraph of this document. In the event of loss caused by fire or theft prior to Purchaser's acceptance of the work, the Artist shall recreate the Work that was lost and/or damaged at no expense to the Purchaser. The Artist is responsible for having the Sculpture furnished with the proper mounts within the Work. The Artist shall be available for consultation and help with installation if the Artist is available. The Purchaser is responsible for the cost and the labor of the installation. 5. Termination. A. Termination for Cause: If either party willfully or negligently fails to fulfill its obligations under this Agreement, the other party shall have the right to terminate the Agreement, by giving written notice to the defaulting party of its intent to terminate and specify the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If the default is not cured, this Agreement shall terminate. In the event of Contract to Commission an Artwork page 2 of 9 termination for non-performance by Purchaser, then Purchaser shall compensate the Artist for reasonable accrued costs for completed phases of the Work or any additional services and materials performed or supplied prior to termination; such compensation, however, shall be limited to the amounts set forth herein and shall not exceed the Purchase Price. In the event of default by Artist, except that caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs, and other work products prepared and submitted or prepared for submission under this Agreement shall become property of Purchaser and subject to the following: Purchaser shall pay Artist for such material, to the extent not already paid. Artist shall not be relieved of any liability for damages sustained by Purchaser by virtue of Artist's breach of this Agreement and the Purchaser may reasonably withhold payments due until such time as the exact amount of damages due Purchaser from the Artist is determined, and offset amounts can be determined. B. Termination Uuon Death or Incapacity of Artist: This Agreement shall automatically terminate on the death of the Artist. 1) The Purchaser shall have the right to choose if it wants to keep the Work. If the Purchaser decides to keep the Work it has permission to locate another artist to complete the Work. An estimate Appraisal of the value of the Work will then be made and the proper amount will be paid or refunded by either the Purchaser or by the Artist's Estate, depending upon how much of the Work was completed at the time of the death compared to progress payments already paid. 2) If the Purchaser decides not to take the Work, the Artist's estate will have the Work appraised and shall keep the amount the piece is valued at whatever stage it is at. Any monies paid above this value shall be returned to the Purchaser. The Work will then be owned by the Artist's estate. C. Termination for Convenience of Purchaser: Purchaser may terminate this Agreement for any reason at any time by giving at least fifteen (15) days notice in writing to Artist. If Agreement is terminated by Purchaser as provided herein, Artist shall be compensated for reasonable accrued costs for completed phases of the Scope of Services to date of written notice of termination and any additional services and materials performed or supplied prior to termination, less payments of compensation previously made. In no event of termination for cause shall the amount of payments to Artist exceed the amount of compensation due hereunder. Purchaser shall not be responsible for the cost of services performed or expenses incurred subsequent to such notice of termination. 6. Ownership of the Work. The design and fabricated sculpture constituting the Work is a limited edition of one. Upon completion and payment of the purchase price the Work shall be owned by the Purchaser. Contract to Commission an Artwork page 3 of 9 7. Copyright. The design of the Work was created by the Gateway Signage Committee and the copyright for the design shall be owned by the Purchaser. While the Artist makes no claim to the copyright of the design, the Artist shall be identified and shall receive credit in connection with the fabrication of the Work. 8. Privacy. The Purchaser gives to the Artist permission to use the Purchaser's name and logo in all forms and media and in all manners, including but not limited to exhibition, display, advertising, trade, and editorial uses, without violation of the Purchaser's rights of privacy or any other rights the Purchaser may possess in connection with its commission and purchase of the Work. 9. Waiver and Relinquishment of Rights. Artist hereby expressly waives any and all right, title, or interest in said copyrighted Work. Artist understands that said waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, performance and display. Artist agrees to relinquish any and all rights, title, and interest to the Work developed in connection with this Agreement and hereby expressly waives any rights Artist has to said Work including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. Sections 101, et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. Section 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. 10. Repairs and Restoration. Purchaser shall have the exclusive right to determine when and if repairs and restorations of the Work shall be made 11. Alteration. If any alteration occurs to the Work after installation, whether intentional or accidental and whether done by Purchaser or others, upon written request of Artist, the Work shall no longer be represented to be the work of Artist. Other than as specified herein, Artist Contract to Commission an Artwork page 4 of 9 i • specifically waives the right to claim any other remedy concerning the alteration of the Work as provided for under Idaho or federal law, whether by statute or otherwise. 12. Removal. Nothing in this Agreement, or otherwise, shall preclude the right of Purchaser to remove Work from public display. In the event that Purchaser decides to remove such Work from public display, and it is not subject to destruction, in whole or part by removal of same, and upon such time as Purchaser decides to sell said Work, Artist shall have the first right of refusal to purchase Work from Purchaser. Price of Work shall be the fair market value as agreed upon by Purchaser and Artist. 13. Heirs and Assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives and references to the Artist and the Purchaser shall include their heirs, successors, assigns, and personal representatives. 14. Entire Agreement. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. 15. Non -Waiver of Breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 16. Notices and Changes of Address. All notices shall be sent to the addresses set forth in the first paragraph of this document. Each party shall give written notification of any change of address prior to the date of said change. 17. Hold Harmless and Indemnification. Artist agrees to indemnify, defend, and hold harmless Purchaser, its officers, employees and agents from and against any damages or losses of any nature whatsoever, including damage or loss to Artist, and all liability or expense (including defense costs and legal fees), for any causes of action arising from or connected with the services performed by Artist, her agents, employees, assigns, heirs, or representatives pursuant to this Agreement whether brought against Purchaser by third parties or otherwise, unless caused by the sole negligence of Purchaser. Contract to Commission an Artwork page 5 of 9 18. Independent Artist. It is the express intention of the parties that Artist is an independent Artist and not an employee, agent, joint venturer, or partner of Purchaser. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and Purchaser or between Artist and any official, agent, or employee of Purchaser. Both parties acknowledge that Artist is not an employee of Purchaser. Artist shall retain the right to perform services for others during the term of this Agreement. 19. Attorney's Fees. In any action by Purchaser or Artist for recovery of any sum due under this Agreement, or to enforce any of the terms, covenants, or conditions contained herein, the prevailing parry shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in such action. 20. Governing Law. This Agreement shall be governed by the laws of the State of Idaho. 21. Assignment or Transfer of Agreement Prohibited. Artist agrees that an essential element of this Agreement is the skill and creativity of Artist and any assistants employed or utilized by Artist. Artist shall, therefore, not in any manner, directly or indirectly, by operation of law or otherwise, hypothecate, assign, transfer, or encumber this Agreement or any portion thereof or any interest therein, in whole or in part, to any third party without prior written consent of Purchaser. Artist shall not subcontract outside of Artist's company any work to be done pursuant to this Agreement without the written consent of Purchaser, except at Artist's sole risk. 22. Binding Agreement. This Agreement shall be binding on the parties hereto and their heirs, executors, administrators, successors, and assigns; provided, however, neither this Agreement nor any part hereof, except for monies previously earned and due to Artist may be assigned to anyone without the written consent of Purchaser. 23. City Council Approval Required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. Contract to Commission an Artwork page 6 of 9 IN WITNESS WHEREOF, the parties hereto have signed this Agreement on this day of January, 2006. Purchaser: City of Meridian Mayor T e Weerd o • E°® Attest: City Clerk Artist: Sculptures by BJH LLC Contract to Commission an Artwork page 7 of 9 EXHIBIT "A" Contract to Commission an Artwork page 8 of 9 EXHIBIT "B" (E) KFC BUILDING (E) TREE TO BE RELOCATED. VER7 (E) TRAFFIC LIGHT TO REMAIN • z 0 4/ � Q- , . � 2 '`��11 � ok . Aj G3 (E) SW DRAINAGE POND TO REMAIN. COORD. LOCATION � OF PROPOSED SIGN W/ CITY PLANNING \ DEPT. PROPOSED PLA ER/SIGN. ORIENT FRONT F SIGN n TO SOUTH DI CTION AS SHOWN SITE PLAN SCALE: 1 " = 20'-0" Contract to Commission an Artwork page 9 of 9 0 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 2,4 day of .,, y& v° 200tg, by and between the City of Meridian, a municipal corporation organized under t e laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Delhie Block, hereinafter referred to as "CONSULTANT", doing business as Pretreatment Services, hereinafter referred to as "CONSULTANT", whose business address is 3759 N. Lezana Ave. Meridian ID 83642. Scope of Services: CONSULTANT shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by :. both parties, and shall expire on September 30, 2006 unless earlier terminated or extended. 3. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by CONSULTANT, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, CONSULTANT shall maintain Workers Compensation Insurance, in the statutory limits as required by law. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. PROFESSIONAL SERVICES AGREEMENT — page 1 of 6 4. Independent Contractor: In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: CONSULTANT shall be compensated for professional services pursuant to and specified in attached Exhibit "A." 6. Method of Payment: CONSULTANT will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month or upon completion of the scope of services. The CITY will pay all invoices within thirty (30) days after receipt. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Delhie Block, Pretreatment Services 3759 N. Lezana. Ave. Meridian ID 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof; and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under, this Agreement by the party so failing to perform. PROFESSIONAL SERVICES AGREEMENT — page 2 of 6 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT's compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: K through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of PROFESSIONAL SERVICES AGREEMENT — page 3 of 6 this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (.l ; days before the effective date of such termination. ONSULTANT may tern a this agreement at any time by giving at least sixtyda s office to CITY. 4 In the event of any termination of this Agree em nt, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall --_ survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. 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. 20. 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. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CONSULTANT BY: PROFESSIONAL SERVICES AGREEMENT -- page 4 of 6 Attest: Xn WILLIAM G. BERG, JR., CITY Approved by Council: CITY OF MERIDIAN PROFESSIONAL SERVICES AGREEMENT — page 5 of 6 EXHIBIT "A" CONSULTANT Scope of Services C7 The Scope of Work and projected level of work required is to provide technical services as requested by the Owner. for the Industrial Pretreatment Program. CONSULTANT Compensation CONSULTANT shall be compensated for professional services pursuant to and specified as following: The CITY agrees to pay CONSULTANT $65/hour, not to exceed $7,500 without express permission of the CITY. PROFESSIONAL SERVICES AGREEMENT —page 6 of 6 • 1/ January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT ITEM NO. S -S REQUEST Contract with Dave McClaren Well Drilling for Rehabilitation and Redevelopmel of Well No. 17 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT. ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE ASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the -24 � ® day of ianuaa in the year 2006 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and McLeran Well Drilling, LLC hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes the set-up of a cable -tool drilling rig over the Meridian Well #17 pump house, the performance of well cleaning and clearing operations including scraping and wire brushing of the well casing, the bailing of the tail pipe, wire brushing of the well screens, the performance of well development techniques including high-pressure water jetting and isolation packer -pumping of the well screens, the potential emplacement of a steel liner if necessary, and removal of the equipment from the site. The Project for which the Work under the Agreement is described as follows: Rehabilitation of City Well #17. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The CONTRACTOR will be familiar with the specifications. Article 2 ENGINEER and HYDROGEOLOGIST The City of Meridian Public Works Department will be the ENGINEER Hydro Logic, Inc. will be the HYDROGEOLOGIST who is to act as the OWNER's on site representative. The City of Meridian Public Works Department assumes all duties and responsibilities and has the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. It is envisioned that the CONTRACTOR will deal directly with, and take direction from, the HYDROGEOLOGIST except in the instance of a dispute between the CONTRACTOR and the HYDROGEOLOGIST when the ENGINEER will have the final authority. Article 3 CONTRACT TIME. The Work will be completed within thirty (30) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. It is anticipated that, barring complications, the WORK may be accomplished within a period of two weeks. If this is possible, the City strongly encourages the CONTRACTOR to accomplish this as the Well #17 is needed as part of the City's municipal water supply. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: Total Contract Price is $20,500.00. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit one Application for Payment after the work is completed. Application for Payment must be submitted to the Public Works Department. 1/28/2006 page Payments. The OWNER will make payment on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15th day of the month for Applications submitted to the Public Works Department prior to the 1 st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR- Article ONTRACTORArticle 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement — N/A. 8.3 Information For Bidders — N/A. 8.4 Drawings — N/A. 8.5 CONTRACTOR's Quote —19a' of January, 2006. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.5 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. 1/28/2006 page • Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract 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 Contract Documents. 9.2 OWNER 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 Contract Documents. Article 10 INDEMNIFICATION. 10.1 The OWNER warrants that the anticipated work is proposed to be carried out in an aging, deep water supply well for which the details of well construction and the current down hole conditions in the well are not entirely known (and cannot be entirely known) by the CONTRACTOR. It is known that a corrosive environment exists because this appears to be at least partly the cause for the necessary rehabilitation and recent failure of the pumping plant. The OWNER shall indemnify and save harmless the CONTRACTOR from any and all liability, cost, claims, damages, losses, and expenses, including attorney's fees arising out of, or resulting from the failure of the well casing and/or well screen, collapse of the well, tools becoming lodged in the well, and/or loosening of the drive -on packer as a consequence of the CONTRACTOR's attempts to rehabilitate and repair the well or owing to the potentially compromised materials of construction. Indemnification of the CONTRACTOR does not include, cover, protect, or extend to any negligent action on the part of the CONTRACTOR or to any damaged resulting from the use of any faulty tool, apparatus, materials, and/or equipment employed by the CONTRACTOR- IN ONTRACTOR IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on �� 2006. Owner CITY OF MERIDIAN CONTRACTOR McLeran Well Drilling LLC By: Name: By David McLeran Mayor De erd Name: ( * �C ..waNl�lare,. Attest: -.,.,A Name: Willi; W114Prd11&;1 1/28/2006 page Jan -20. 2006 8:39AM No,3861 P. 1 • 660 E. Walenoww, Ste 200 Meridian. ID 83642 •Meridian Phone: (208)898-5600 Public• Fax; (208)898-9551 r j! VLWJ Mtn. FcAix JAN 2 0 2006 City Of Meridian City Clerk ®face To: Tara Green From: Kyle Radek, P.E., City of Meridian Famc t@010ftS! Z /r g Date: January 20, 2006 Phone: pages; 6 Re: CC: 0 Urgent ❑ For Review ❑ Please Comment 0 Please Reply O Please Recycle Comments: Agenda Item. Please call me if any problems. JAN 20 '06 09:09 PAGE.01 Jan -20. 2006 8:39AM 0 Memo To: Will Berg; Tara Green From: Kyle Radek, P, E,, Staff Engineer CC: File Date: 1/20/06 Re: Proposed Agenda Item for January 24, 2005 City Council Meeting No -3861 P- 2 The Public Works Department respectfully requests the following item be placed on the January 17 City Council agenda, under Consent Agenda, for Council's consideration;, Contract wilt Dave McClaren Well Drilling for rehabilitation and redevelopment of Well # 17 Well # 17 has been taken out of service. A corrosion hole in the pump column will require repair before the pump can be reinstalled. Three quotes for the repair and maintenance of this well have been solicited from qualified contractors. The lowest of these bids is from Dave McClaren Well Drilling and the City's hydrogeologist has recommended using them for the proposed work Recommended Gouncil Action: The Public Works Department recommends that City Council approve the contract with Dave McClaren Well Drilling for rehabilitation and redevelopment of Well # 17 fora cost of $20,500 Thank you for your consideration. Please contact me if you have any questions regarding any of these items, • Page 1 JAN 20 '06 09:09 PAGE.02 JanJan-20. 2006: 8:39AM Ed Squires Zoe -342-31A-3861 P. 3 p_2 0 0 City ofMeridian Municipal Supply Well #17 Problem The Meridian City municipal supply Well #17 has recently experienced a problem that has resulted in the well being taken out of service The Water Department had the pumping plant removed From the well to find that the pumping plant was in need of repair and replacement. Owing to a corrosion hole in the pump column, the well casing has been damaged to the point that a new pump cannot be installed in the well until certain rehabilitation and repair work is accomplished. Indeed, the full extent of the problem cannot be evaluated until the well casing is scraped and wire -brushed so that the casing can be properly inspected The well will remain out of service until the regair_s_can be effected. As the pumping plant had not been removed from this well since the well was drilled and equipped, nearly 14 years ago, the well is due for routine maintenance. Because the City must have a cable -tool drilling rig moved over the well to carry out the needed repairs, we feel it is also the best time to conduct the routine maintenance of the well. Three quotes for the well work over have been solicited from three qualified contractors (see attached). The lowest of these bids is from Dave McClaren Well Drilling and the City's hydrogeologist has recommended using Mr McClaren for the proposed work JAN 20 '06 09:10 PRGE.03 JanJan.20. 2006: 8:39AM Ed Squires 208-342-31IN0.3861 P. 4 p,3 0 • General requirements for the cable tool cleaning of the City of Meridian's water supply Well #17 and re -development of its screens and completion intervaL 1) Mobilization.: a. Mobilization includes all travel to and from the well site during the project b. Mobilization includes delivery/removal of the cable, -tool rig and setup over the building - c Mobilization bid item includes delivery/removal of all tools required, fuel, clean up, etc, 2) Cable -Tool Rig, Tnne: a A cable tool work over rig large enough to set up over a pump house and with a tall enough mast to be able to lean over the building and insert/remove all required tools through a roof hatch b Includes a minimum of a two-man crew, 8 -inch diameter bailer, enough cable and sand line to lower tools to 700 feet below ground 3) HiA-Pressure Water Jet and Pump: a. An 8 -inch diameter jetting ball with approximately 6 jetting nozzles. b. A pump capable of 500 psi minimum is required. c. Water jet is to be raised through the screens at a rate of I foot per minute while rotating at a minimum of eight revolutions per minute. 4) Isolation Packer Pump, Motor. and Drop Pine: a Consists of a 500 gpm pump and motor with the pump intake isolated between two 10 -inch diameter neoprene packer seals and lowered into the well screens on suitable pump column_ The operating pump shall be raised through the screens in a surging action at a rate of 1 foot per minute or until the pumped waxer is clear. b. This work item includes all submersible power cable, pump column, packers, pump, generator, and all other tools and equipment to conduct the isolation packer pumping ofthe screen 5) "AquaClear" Mud-Diispe�t Chemical: a. Dispersant shall be mixed as a ratio of one gallon per 500 gallons per water, 6) 18" and 1.0" Diameter Wire -Brushing, Tool: a. Shall consist of 8 hoot lengths of weighted 12 -inch aud 6 -inch steel casing with a minimum of fifteen f- inch diameter steel wire -wound cable lengths at a length to be specified by the hydrogeologist~ b, Wire brushes shall be lowered/raised through the casing at a rate of 1 foot per minute using an aggressive reciprocal swabbing action ofthe cable tool (30 strokes per minute) JAN 20 '06 09:10 PAGE.04 JanJan.20. 2006: 8:39AM Ed Squires 208-342-31 NO -3861 P. 5 p.4 • 1 • BID SCHEDULE MERIDIAN #17 SUPPLY WELL REEMBIMATION AND REDEVELOPMENT PROJECT BID OPENING DATE: Jannary 19.2 906 Item Unit Udmated Unit Total No. Item Description Measure Ouautity h cg Price 1 Mobilization and Demobilization? LS, I -000 C° �inwom) cam) 2 Cable Tool Rig Time (2 man crew) A HL. 60 jf.!Et 111ca, op 3 Furnish Mgh-Pressure, Water Jet and Pump nuv, L..S 1 4 Furnish Isolation Packer Pump, Generator, Motor, and Drop Pipe �@ L -S. 1 O �^o Z !.� c'C. O c' 5 Furnish "Agora. -Clear Mud -Dispersant Chemical _ _a Gal. 30 6 Furnish 18" and 10" Wire Brushing Tool (g>., Cy, 2 ZSfL_�' �' c. c 4' Total Price (Total Price in Words) 2 ALTERNATE BID TT -.w Unit Estimated Item Description Mmum Qmwft Furnish and bnstall 16' Diame[er Steel Casing (0.375" wall) Furnish and install 16"-18" Figure K Packer Dave Mcg ' Well Dn-INng ,x,&c�i+� JAN 20 '06 09:10 LF LF 1 1 Unit Total Price Price c SeC12 o PAGE. 05 JanJan.20. 2006: 8 40AM Ed Squires 208-342-31IN0.3861 P. 6 p.5 • BID SCHEDULE MERMAN #17 SUPPLY WELL REHABILITATION AND REDEVELOPMENT PROJECT BID OPENING DATE: January 19.- 2006 Item Unit Estimated Unit Total NO. Item Description Measure Q vM' Price Price 1 Mobilization and Demobilization h L.S. 1 2 �O p rC� v -heel WORIS) i .9 2 Cable Tool Rig Tame 2 mann crew) _tea iwo uu reel HL 60 6zo 00 3 Furnish High -Pressure Wat9r Jet and Pomp d�rd L.S 4 Fungi Isolation Packer Pump, Generator, Motor, and Arop Pipe 1 f7a 7tzr� �`leusai+�n/IPhui�G�/r141 L.S. 1 0&�L5 0 0 5 Furnish "Aqua. -Clear Mud-Dispermat Chemical @r)ngo Ai ud dM Pal Gal. 30 00 , 00 0 6 Furnish 18" and 10" Wire Brushing Tool @ erg>? hU� r��fw ;y�. C.Y. 2 �8Z5 $1,650 Total Price ,S 2 5,/l o (Total Price in Words) AY.TSRN TE BID MW hem Unit Estimated Unit No. Item Description –Ne—wm Price 1 Furnish and Install 16 Diameter Steel Ca^ssipg 0.375» wall) IffA h �N id' 1 .l0 7 O 2 Furnish and Install 16" Figure K Packer hi—yWrecl LF i George Yost Well Drilling X JAN 20 '06 09:10 • h i� - 1 v, �5 Total Price X00 PAGE. 06 JanJan.20. 2006: 8 40AM Ed squires • BID SMEAULE 208-342-300.3861 P. 7 P-6 • Mt KWUAN 017 SUPPLY WELL itloABILITAITOw A" RED$VELOPM>rNT PROJECT RJD OP)<MG DATL+: _ 1anua 19 7m _ item Item Y>b�iotion unit Atea�11r0 >sw Unit Total Qgatltib Prue I I Nbbilizadm and Deraobilimioa i O L.9. 1 ,QQQ,SiQ 000.00 mm Thousand DgljV (on$ price is wards) (amnerals) 2 Cable Too) Rig rime (2 matt stew) 60 0 Two Hondred 7ltnenlv.Fiyr pnllnrc RA. 60 I SI1_300.00 3 Furnish High Tres me water Jet and Pump 1 !td One Thpyew,e T=an ....., fl,.n... L.S. 1 11.00 -IL2 4 Furnish Isolation Pod= Pomp, Generator. Motor and Q++DDPipeELM= rm 12,000.00 ovsand Dolt�t S Furnish "Aqua-acar Mud-Disatosimt Chanical !n 0011 30 S 00 6 Furwiahr I r and 10" Wire Brushing Tool 2 ® ThceLK"drad c y, 2 S 3QQ 6 Daunts farm 1 2 Taal Price Szitlrlll Tandy Three Tho .eeed DelUcn (Total Price in Words) ALTERN ID ITEM veil Esriemres unit Rata IIeset•:ntioa r: tlrie tla l' � P Ips Pumbh and Iwta11 l6" Aameter Skel Cift (0.375" Well) LF 1 S_ 78.00 ►�..79-00 La SMML-Figbi Dolt m Ftmiish and Install 16" rjgwV IK Packt r LF SZ500. $2,500.00 .L 1@1 TWO Thousattd Five RU00.6 Donaro T rens re valley Ormag 8c Pomp. Inc. .io Yeet JAN 20 '06 09:10 PAGE.07 • January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT ITEM NO. S -T REQUEST Agreement for Professional Services for Wastewater Pretreatment On -Going Services Pretreatment Services AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT. CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 Memo 'nx Mayor De Weerd & City Council Prw n%- Brad Watson, P.E. CC: File, City Clerk Dater. 1120!06 RN January 24, 2006 City Cowl Meeting Agenda Items City Of Meridia-D City Clerk Office The Public Works Department requests that the items below be considered on the January 24 City Council agenda, on the Consent Agenda, for Council's consideration. Agreement for Professional Services Wastewater Pr9etr trner On -Going Services Pretmatine d Sewn es This is an agreement proposing to involve professional services for the wastewater pretreatment with the woman who is leaving the City. John wants her to bridge the gap with the new pretreatment manager who is expected to arrive Februay 1. Ms. Block, whose last day with the City is today, is in the midst of completing a few major work items that will not be completed by the time she leaves. As these are programs involving EPA, there is some institutional and background knowledge, as well as assistance, that must be passed on to the new employee so that he, and the City, doesn't have to start from scratch. A copy of the proposed agreement follows. The agreement, signed by the c onsuftaM will be available by next Tuesday. Recommended Council Action; Approve agreement with Pretrea7 meat Services, on a timerand-maftftl basis, not -to -exceed amount of $7,500, for Miscellaneous Wastewater Treatment Program Swvic:es and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this day of , 2005, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Delhie Block, hereinafter referred to as "CONSULTANT", doing business as Pretreatment Services, hereinafter referred to as "CONSULTANT", whose business address is 3759 N. Lerma Ave. Meridian ID 83642. Scope of Services: CONSULTANT shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A' and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2006 unless earlier terminated or extended. 3. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by CONSULTANT, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the tern of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY, and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, CONSULTANT shall maintain Workers Compensation Insurance, in the statutory limits as required by law. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. PROFESSIONAL SERVICES AGREEMENT — page 1 of 6 4. Independent Contractor: In all matters pertaining to this agreement, CONSULTAND' shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: CONSULTANT shall be compensated for professional services pursuant to and specified in attached Exhibit "A." 6. Method of Payment: CONSULTANT will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month or upon completion of the scope of services. The CYIY will pay all invoices within thirty (30) days after receipt. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Delhie Block, Pretreatment Services 3759 N. Lezana Ave. Meridian ID 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. PROFESSIONAL SERVICES AGREEMENT — page 2 of 6 0 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT's compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: Ii; through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this PROFESSIONAL SERVICES AGREEMENT — page 3 of 6 0 ! this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. 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. 20. 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. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CONSULTANT PROFESSIONAL SERVICES AGREEMENT — page 4 of 6 0 0 CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK Approved by Council: PROFESSIONAL SERVICES AGREEMENT — page 5 of 6 0 EXHIBIT "A" CONSULTANT Scope of Services 0 The Scope of Work and projected level of work required is to provide technical services as rMtested by the O wer, for the Industrial Pretreatment Program, CONSULTANT Compensation CONSULTANT shall be compensated for professional services pursuant to and specified as following: The CITY agrees to pay CONSULTANT $65/hour, not to exceed $7,500 without express Permission of the CITY. PROFESSIONAL SERVICES AGREEMENT — page 6 of 6 • 0 January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT ITEM NO. S -U REQUEST Resolution — Destruction of Records 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: n MERIDIAN SCHOOL DISTRICT:'/ n 6 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 Merldlah. 0 • CITY OF MERIDIAN RESOLUTION NO. A %' 522 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN RECORDS / DOCUMENTS WHICH MAY BE DEFINED IN IDAHO STATE CODE AS TEMPORARY RECORDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho State Code § 50-907 by resolution to destroy semipermanent and temporary records upon the advise of the City Attorney and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain records that may be destroyed pursuant to the Idaho State Code 50-907(4) because time period for retention has expired; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. They hereby authorize, under the direction and supervision of the City Clerk, the destruction of the following temporary records defined by Idaho State Code 50-097(3)(c): used and unused election ballots from: the 1993 general election the 1995 general election the 1997 general election the 1999 general election the 2001 special election the 2001 general election, and the 2003 general election. A copy of this Resolution 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. RESOLUTION — DESTRUCTION OF ELECTION BALLOTS Pagel of 2 ADOPTED by the City Council of the City of Meridian, Idaho, this ;Z 'day of TGG h 4L�LhyJ , 2006. T APPROVED by the Mayor of the City of Meridian, Idaho, this 2f�day of VCG A"GL 1- , 2006. ATTEST: William G. Berg, Jr., APPROVED: or T e Weerd ONA L Clerk 9 •� RESOLUTION — DESTRUCTION OF ELECTION BALLOTS Page2 of 2 0 i January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT ITEM NO. S -w REQUEST Temporary Access Easement Agreement connecting Waltman Lane and Ruddy Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Clay of Meridian. 1/ • • THIS TEMPORARY ACCESS EASEMENT AGREEMENT ("Agreement") is made and entered into this e day of tkkitUtaw 2006 by and between BOISE WALTMAN, LLC (Grantor) and THE CITY OF ME (Grantee). WHEREAS, Grantor is the owner of certain real property and desires to establish a temporary non-exclusive access easement for the use of emergency response vehicles until such time as a public right-of-way is established; and, WHEREAS, both parties desire to enter into this easement agreement to describe the easement granted and establish the relative rights and obligations of the parties. NOW THEREFORE, Grantor and Grantee agree as follows: 1. GRANT OF EASEMENT. Grantor hereby grants, conveys, and provides a temporary, non-exclusive easement across the property of Grantor for the purpose of emergency vehicle access, located in the easement area as legally described in Exhibit "A" attached hereto and incorporated herein by this reference. The easement granted herein shall remain in effect until terminated pursuant to section 4 of this Agreement. 2. USE AND PURPOSE OF EASEMENT. Except as otherwise permitted by Grantor, the easement shall be used solely for the enhancement of the safety and welfare of the general public through the construction, operation, maintenance and repair of a temporary gravel access road for use by emergency vehicles and shall not be open to use by the general public. The term "emergency vehicles" as used in this access easement includes vehicles used by any law enforcement agency, fire department, or emergency medical response unit. 3. CONSTRUCTION AND MAINTENANCE. Grantee shall be responsible for construction, maintenance, and repair of the temporary gravel roadway within the easement and shall preserve and protect, to the extent possible, the underlying lands of Grantor from erosion, or other damage related to the use of the easement. The temporary road shall be maintained in a neat and aesthetically pleasing condition and in conformance with all local, state and federal laws and all liabilities, costs and expenses related to the construction, maintenance and repair and use of the temporary road shall be the sole responsibility of Grantee. Upon termination of this easement, Grantee shall leave the easement area in the condition as maintained during the use of the easement and Grantee shall not be Access Easement - 1 of 7 • 0 required to remove the temporary gravel road. 4. TERMINATION: This easement shall terminate upon the occurrence of the construction and dedication to public use of a public road connection between Ruddy Drive and Waltman Lane. As consideration for the grant contained herein, and subject to local, state and federal laws existing at the time, and subject to the jurisdiction of the Ada County Highway District ("ACRD") for roadway design and construction, the Grantee agrees to cooperate with Grantor and ACHD in good faith so that the dimensions and location of said public road will optimize the development potential of Grantor's properly. 5. NOTICES. Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Grantor: Jay M. Kaplan 970 West Broadway #443 Jackson, WY 83001 W/ copy to: Robert Wiener 2730 South Mayflower Way Boise, ID 83709 Grantee: City Clerk City of Meridian 33 East Idaho Meridian, Idaho 83642 6. ASSIGNMENT. Grantee may assign its rights hereunder to another government entity or organization if deemed appropriate by Grantee, which assignment shall be subject to prior approval by Grantor. 7. GOVERNING LAW. This Agreement and any instrument executed in accordance herewith shall be construed; and governed by and in accordance with the laws of the State of Idaho. 8. COST OF LITIGATION. In the event of litigation, the prevailing party will be entitled to the award of costs and reasonable attorney fees in addition to such other relief available at law or in equity. 9. TERM. Each party agrees that at such time as this Agreement terminates as Access Easement - 2 of 7 0 • provided herein and upon the request of the other party, it shall join with the other party in executing and delivering a document evidencing the termination of this Agreement and causing such document to be filed of record in the official records of Ada County, Idaho. 10. AGREEMENT TO RUN WITH THE LAND. This Agreement shall run with the land and shall be binding upon and inure to the benefit of, and be enforceable (at law or in equity) by Grantor or Grantee or their respective successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. 11. ENTIRE AGREEMENT. All Exhibits attached to this Agreement constitute a part of this Agreement. This Agreement, together with the accompanying Exhibits, constitutes the entire agreement among the parties and supersedes all prior memoranda, correspondence, conversations and negotiations. 12. INDEMNIFICATION. Grantee and Grantee's heirs, successors, assigns, purchasers, or transferees of any kind, covenant and agree with Grantor and Grantor's heirs, successors, assigns, purchasers, or transferees of any kind, to indemnify, defend, and hold harmless Grantor and its heirs, successors and assigns from any loss, claim., lien, debts, taxes and assessments of any kind, damages, judgments, awards or other liability of any nature (including attorney fees and costs) that may result from Grantee's negligent acts or omissions in the use of the temporary easement established herein or its failure to satisfy its obligations set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. GRANTOR BOISE WALTMAN, LLC ogas►sll®rird®�®®PCITY OF MERIDIAN O C� ay a w a°.� �� Tammy d eerd, Mayor Attest o City Clerk Access Easement - 3 of 7 gdpt11;11$ 6t91O`®� 0 0 STATE OF ss. County of On this /� day of , , in the year.;:?Od , before me, a notary public in and for said state, personally ap eared Jay . Kaplan , known or identified to me to be the Manager of the Limited Liability mpany that executed the said instrument, and acknowledged to me that the Company executed the same. ��➢ WILLIAM K. KOBS ? NO1 ARY PUBLIC - ARIZONA 4r � kt Rsr:OPA COUNTY 3 1Y , NOTARY PU LIC (SEAL) IVI'v t, rmoroission Expires�a X Residing at: _ - My Commission expires. t J STATE OF IDAHO } ) ss. County of Ada ) ti On this day ofd in the year �before me, a notary public in and for said state, personally app&red Tan11ny de Weerd and William G. Berg, Jr. known to me to be the Mayor and City Clerk of Meridian, Idaho, who executed the within instrument, and acknowledged to me that Meridian City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and veer first above written. of Commission Access Easement - 4 of 6 U GCS► � � '�� Notary Public for Idaho Residing at: Meridian, Idaho 41 EXHIBIT "A" Owner of Record: Waltman Boise, LLC Parcel No.: S1213428300 Temporary Easement Description A parcel of land being a 30.00 feet wide easement centered on and lying 15.00 feet on each side of the following described line, said parcel lying in the NW 1/4 SE 1/4 of Section 13, Township 3 North, Range l West, Boise Meridian, and said parcel being a portion of that Record of Survey No. 3490, filed as instrument number 96025999, records of Ada County, Idaho, being more particularly described as follows: Commencing at the Northwest comer of the NW 1/4 SE 1/4 (Center 1/4 comer) of Section 13, Township 3 North, Range 1 West, Boise Meridian, as shown on said Record of Survey drawing, thence South 89°45'58" East, 300.00 feet to the point; thence South 0°02'46" East, 16.98 feet parallel to the west boundary of the NW 1/4 SE 1/4 of Section 13 to a point on the south right-of-way of West Waltman Lane, said point being the POINT OF BEGINMNG, Thence continuing South 0°02'46" East, 536.11 feet parallel to the west boundary of said NW I/4 SE 1/4 to a point of curvature; Thence along a curve to the right having a radius of 100.00 feet, a delta angle of 89'43'13". an arc length of 156.59 feet, a chord bearing South 45°05'37" West and a chord distance of 141.08 feet to a point of tangency; Thence North 89145'59" West, 200.00 feet along a line parallel to the north boundary of the NW 1/4 SE 1/4 of Section 13 to a point on the west boundary of said NW 1/4 SE 1/4, said point lying South 0°02'46" East, 653.09 feet from the Northwest corner of the NW 1/4 SE 1/4 (Center 114 corner) of Section 13, said point also being the POINT OF TERMINUS. 4aid described parcel contains 26,781 Square feet or 0.61 Acres more or less. Said parcel is subject to easements of record or in use. This description was prepared by the ACRD Survey section and is based upon that Record of Survey No. 3490, filed as instrument number 96025999 records of Ada County. The Basis of Bearing is South 89°4558" East along the north boundary of the NW 1/4 SE 114 of Section 13, Township 3 North, Range 1 West, Boise Meridian as shown on said record of Survey. Access Easement - 5 of 6 TEMPORARY EASEMENT SKETCH FOR: WALTMAN BOISE, LLC LOCATED IN: NW 1 /4 SE 1 /4 S. 13, T. 3 N., R. 1 W., B.M. ADA COUNTY, IDAHO Cl/4 COR. LOT 18 BLK 14 W.RUDDY DRIVE LOT i BLK 15 Access Easement -6 of 6 S89'45'58"E 300.00' W. WALTMAN LANE I S89'45'58"E 250.00' P 8 5 rn O N '� ui a N (] N ^ VI to N to N P N 1J O b v z N 589'45'58'E 250.00' W NTS to M in Pi in Ingp lCl 26,781 SF (0.61 AC) 4=89'43' 13" R=100.00' L=156.59' CH BRG=S45'05'37"W CH=141.08' PREPARED BY: ACRD SURVEY 12/02/05 January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT ITEM NO. S -X REQUEST License Agmt with NMID 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. RINGERT CLARK • CHARTERED LAWYERS Laura E. Burr, Jeffrey R. Christenson David P. Claiborne D'Blair Clark S. Bryce Farris Jon C. Gould David Hammerquist January 19, 2006 Charles L. Honsinger James P. Kaufman Jennifer Reid Mahoney James G. Reid Daniel V. Steenson Wiliam F. Ringert, of Counsel Allyn L. Sweeney of Counsel Samuel Kaufman (1921-1986) Ross Erickson Erickson -Civil, Incorporated 1854 East Lanark street Meridian, Idaho 83642 Re: Request for License Agreement with Nampa & Meridian Irrigation District for the Waltman Lane Sewer Extension Dear Ross: Enclosed for review and signature are duplicate originals of the above -referenced License Agreement which you requested on behalf of the City of Meridian. Both originals of the I icense Agreement must be signed and notarized as indicated. Do not date page one of the License Agreement. If both originals are executed and returned to me by February 1, 2006, I will be able to submit the license agreement to the District's Board of Directors for approval and signature at the Board's next meeting on February 7, 2006. The District will have its original recorded and I will return one original to you along with a bill for our services in preparing the agreement and the recording fees. Please contact me if you have any questions. Yours very truly, S. Bryce Farris Enclosures 455 South Third Street . P.O. Box 2773 . Boise, Idaho 83701 . 208/342-4591 FAX 342-4657 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2006, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNESSETH: - WHEREAS, Licensee is the owner of real property/right-of-way for a sewer line (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as TEN MILE DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easemeut for the purposes and in the manner described herein. The Licensee • 0 shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; C. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be" reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. LICENSE AGREEMENT - Page 2 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the LICENSE AGREEMENT - Page 3 0 0 transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and' operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. . This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT LM ATTEST: Its Secretary LICENSE AGREEMENT - Page 4 Its President 0 0 CITY OF MERIDIAN ATTEST: STATE OF IDAHO ) ss: County of Canyon ) On this day of , 2006, before me; the undersigned, a Notary Public in and for said State, personally appeared and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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 , Idaho My Commission Expires: 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 and , known to me to be the and , respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, 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 Residing at My Commission Expires: LICENSE AGREEMENT - Page 5 0 0 Exhibit uA". Legal Description Of Sewer Easement An easement for sanitary sewer located in the NW 1/4 of the SE 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter marking the northeast comer of said NW 1/4 of the SE 1/4 (CE 1/16' Comer), from which a 5/8 inch diameter iron pin marking the northwest corner of said NW 1/4 of the SE 1/4 bears N 89152'22° W a distance of 1321.56 feet; Thence S 0 019'56" W along the easterly boundary of said NW 1/4 of the SE 1/4 a distance of 20.99 feet to a point on the southerly right-of-way of Waltman Lane; Thence N 89°41'56° W along said southerly right-of-way a distance of 60.88 feet to the POINT OF BEGINNING; Thence leaving said southerly right-of-way S 63°46'05" W a distance of 83.31 feet to a point; Thence N 231139'48" W a distance of 40.72 feet to a point on the southerly right-of-way of Waltman Lane; Thence S 89041'56" E along said southerly right-of-way a distance of 91.07 feet to the POINT OF BEGINNING. This parcel contains 1,695 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS tXNL I. o Land Solutions, PC s Revised January 4, 2006 ,1 11118 F �� 11118 CP F tiroN W NPa ,,,���� Exhibit A, page Lan 3�Olutiom Laltman Lane -Ten Mile Sewer Extension -W C—ftim Job No. 05-19 i r N� 00 O N r m�N o; W C I O0rn o m D Ln Z = N 2 cC)0-�^� NNN� m9 y CD ,£Z �I n=m Ln o „g� 6£ pig x 70 3 ,ZG p w z,= CD I m Z to CL 4 --I a �co � " Z -< C�l- I� ? Z �. > m p ID T m � LAcn zz tiI Z, --i mVl cn ® Dm •• m fl L. --j ; ' 20.99' O m _i m oN S 079'56" W Z °z m m a m O O m �� � _. o W m —�i C C G) Z m Z z 0 0 z Z z -r- r- w -i m ao mm z m .CA m O 0 S. MERIDIAN RD a Z o z O Z R = C -z-I G) Z " —i Exhibit A, page 2 UK :qi�,a x s . � s ^i .. '��s f``�'s'. q - Y ,�, ti's � 4»- �_,,, � �'r tS ,�,•�a6c�e,.�,..,a a 3 � d � `� � gt, 's `r j3'a}i � � F "§ � �'a�•! a 'a�% : � x - � � � �y y � � a MIN �. INC',5,�,, skiA so "WRQ N I MA v m�zs Sam SOW— • s e �� �,� :s'+ �+•ih �:,. a, ^c cs� ' "- i.`�-;..'b,%n"``cy�s r ,,,� ;T -°o. � ��,� �''`��'�+" � x���'��� ��'� �r "-_"--��,,,.�• � .� ��� ra.`'�r'K �" „a� �.et�"x`'�' 3.�'� _ zee ,gs'#o-,� ..,r*m+'lc�*��^,�` '3s. - F kae{.tm3v..�i "4�•�v'�Ya3� x.:.+ s � � ����� '�• �,�.a`h �� -x t�. is �' �&�"^§x�� -,yg ���"'y,>C' `'th, z z•�`�.�. '� y, "�3' �� r�` ..................... Aw '` I" rs {msst. ,}6 z IN _ --:. U.r ::cam }r 3 3 k F�%fuA3aas%"'w $ • EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: 1. construct, install, maintain and repair a sewer line across and under the Ten Mile Drain and within the District's easement; 2. construct, install, maintain and repair manholes for said sewer line within the District's easement for the Ten Mile Drain, all within Licensee's right-of-way, located south of the intersection of the Ten Mile Drain and Waltman Lane in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. Construction shall be in accordance with Exhibit D-1, attached hereto and by this reference made a part hereof. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. C. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise LICENSE AGREEMENT - Page 6 • 0 to any such penalty, sanction, directive, claim, action or requirement. f. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. g. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. h. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Ten Mile Drain except as referred to in this agreement or exhibits thereto without the prior written consent of the District. The District's easement for the Ten Mile Drain is 100 feet, 50 feet to either side of the centerline. i. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 7 P P f Y N Y Y N P :• P P t Y N - D r 4' p � P P � P Y f Y P t1° E � i F1 rill i a IR e tifIg , I s s $ lit ZJ If !9 frgig �s a $ra $ € � '`� ! a� !° hP I t �qan ygl� =$@� lilt lit qj �7p Ira a8 a S aiB d �g6 < Z 9a6 @a �aaY. t$ 9S Isis a° B e n�� !� lilt t,[ f 4t 0 t I r ?tL.tIq =F.E` E �9 � � � a ET Y to # p as e ! a to 1r � � }ills! @"Ir1� ®�g l��t �a �� � ��l� gl 'a�t 5Q$ i1.1, tai 1�( gsll:a! i 8 , !. i e®�pg e a sg p ;9 �� a tSa il5g a $� t Li = as Ni l E I 3$g pP: E tit s ligIc? gc�g p(ga�L�op Spt Br ! 1ge� a 1 ;11��$Q2 itt #e� a � l� -- -- -Exh bkt-D=1----- U FL91m WI4OC C N1�1dOIDQ6 P1N1®W/Ip(iH I 1PGWL�B9R IlaI143 loll ®�$ -g 0 R11F- City of Meridian Public Works 'm cay of Meecum o Waltman Lane Sewer Extension Meridian, Idaho e m ®5 Exhibit D-1, page 2 January 20, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT Parks Department — Doug Strong ITEM NO. 6-A-1 REQUEST Discussion of Meridian Youth Baseholl and Snffhnll r-nct k4zi wA-z AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: See attached MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. January 20, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT City Attorney -- Bill Nary ITEM NO. 6-8-1 REQUEST update on RFP for Impact Fees AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT. CITY WATER DEPT: CITY SEWER DEPT: el CITY PARKS DEPT: V" - MERIDIAN SCHOOL DISTRICT: V ADA COUNTY HIGHWAY DISTRICT: 1 SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: Tan inmais: Materials presented at public meetings shall become properly of the City of Meridian. Phone: CITY OF MERIDIAN RESOLUTION NO. D 6 5OZ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN RECORDS / DOCUMENTS WHICH MAY BE DEFINED IN IDAHO STATE CODE AS TEMPORARY RECORDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho State Code 50-907 by resolution to destroy semipermanent and temporary records upon the advise of the City Attorney and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain records that may be destroyed pursuant to the Idaho State Code 50-907(4) because time period for retention has expired; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. They hereby authorize, under the direction and supervision of the City Clerk, the destruction of the following temporary records / documents pertaining to city prosecution in prosecution cases from 1996 through 2002 after the appeal periods had expired: duplicate criminal case files duplicate police reports duplicate breathalyzer machine records, and evidence returned to the prosecutor. A copy of this Resolution 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. RESOLUTION — DESTRUCTION OF PROSECUTION FILES/REPORTS Pagel of 2 r� u 0 ADOPTED by the City Council of the City of Meridian, Idaho, this 2¢� day of a hPt, 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this.. day of c7A/s Gt, a� , 2006. APPROVED: or Tam& de Weerd ATTEST:J�� o s William G. Berg, Jr., City lerk RESOLUTION — DESTRUCTION OF PROSECUTION FILES/REPORTS Page2 of 2 Idaho Statutes • • Idaho Statutes [_, -4; TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 9 ORDINANCES -- CITY CODE -- RECORDS 50-907. CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS. (1) "Permanent records" shall consist of: (a) Adopted meeting minutes of the city council and city boards and commissions; (b) Ordinances and resolutions; (c) Building plans and specifications for commercial projects and government buildings; (d) Fiscal year-end financial reports; (e) Records affecting the title to real property or liens thereon; (f) Cemetery records of lot ownership, headstone inscriptions, interment, exhumation and removal records, and cemetery maps, plot plans and surveys; (g) Poll books, excluding optional duplicate poll books used to record that the elector has voted, tally books, sample ballots, campaign finance reports, declarations of candidacy, declarations of intent, and notices of election; and (h) Other documents or records as may be deemed of permanent nature by the city council. Permanent records shall be retained by the city in perpetuity, or may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. (2) "Semipermanent records" shall consist of: (a) Claims, canceled checks, warrants, duplicate warrants, purchase orders, vouchers, duplicate receipts, utility and other financial records; (b) Contracts; (c) Building applications for commercial projects and government buildings; (d) License applications; (e) Departmental reports; (f) Bonds and coupons; and (g) Other documents or records as may be deemed of semipermanent nature by the city council. Semipermanent records shall be kept for not less than five (5) years after the date of issuance or completion of the matter contained within the record. (3) "Temporary records" shall consist of: (a) Building applications, plans, and specifications for noncommercial and nongovernment projects after the structure or project receives final inspection and approval; (b) Cash receipts subject to audit; (c) Election ballots and duplicate poll books; and (d) Other documents or records as may be deemed of temporary nature by the city council. Temporary records shall be retained for not less than two (2) years, but in no event shall financial records be destroyed until completion of the city's financial audit as provided in section 67-450B, Idaho Code. (4) Semipermanent and temporary records may only be destroyed by resolution of the city council, and upon the advice of the city attorney. Such disposition shall be under the direction and supervision of the city clerk. The resolution ordering destruction shall list in detail records to be destroyed. Prior to destruction of semipermanent records, the city clerk shall Page I of 2 http://www3.state.id.us/cgi-bin/newidst?sctid=500090007.K 1/20/2006 Idaho Statutes • • Page 2 of 2 provide written notice, including a detailed list of the semipermanent records proposed for destruction, to the Idaho state historical society thirty (30 days prior to the destruction of any records. (5) Prior to January 1, 2007, each city council shall adopt by resolution a records retention schedule, listing the various types of city records and the retention period for each type of record. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. Search the Idaho Statutes Available Reference: Search Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I. C. § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. http://www3.state.id.us/cgi-binhlewidst?sctid=500090007.K 1/20/2006 Idaho Statutes Page 1 of 1 Idaho Statutes oA TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 9 ORDINANCES -- CITY CODE -- RECORDS 50-908. DESIGNATION, POWERS AND RESPONSIBILITIES OF MUNICIPAL RECORDS MANAGEMENT OFFICERS -- DUTIES OF CITY OFFICIALS CONCERNING RECORDS. (1) The city clerk shall serve as the municipal records manager in each city, and each department may designate a department records manager who reports to the city clerk. The municipal records manager shall supervise the administration of city records, including: (a) Ensuring the orderly and efficient management of municipal records in compliance with state and federal statutes and regulations and city ordinances, resolutions and policies; (b) Identification and appropriate administration of records of enduring value for historical or other research; (c) Overseeing retention and destruction of municipal records as directed by state and federal statutes and regulations and city ordinances, resolutions and policies; and (d) Coordinating transfer of permanent records to the Idaho state historical society's permanent records repository, with the assistance of the state archivist. (2) All city officials, elected, appointed and staff, shall: (a) Protect the records in their custody; (b) Cooperate with the municipal records manager on the orderly and efficient management of records including identification and management of inactive records and identification and preservation of records of enduring value; and (c) Pass on to their successor records necessary for the continuing conduct of city business. All city records are property of the city, and no city official, elected, appointed or staff, shall have any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction or removal of city records is prohibited. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. Search the Idaho Statutes Available Reference: Search Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I. C. § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. http://www3.state.id.us/cgi-bin/newidst?sctid=500090008.K 1/20/2006 Idaho Statutes 0 Idaho Statutes diw TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 9 ORDINANCES -- CITY CODE -- RECORDS 50-909. RETENTION OF CITY RECORDS USING PHOTOGRAPHIC AND DIGITAL MEDIA. (1) A city officer may reproduce and retain documents in a photographic, digital or other nonpaper medium. The medium in which a document is retained shall accurately reproduce the document in paper form during the period for which the document must be retained and shall preclude unauthorized alteration of the document. (2) If the medium chosen for retention is photographic, all film used must meet the quality standards of the American national standards institute (ANSI). (3) If the medium chosen for retention is digital, the medium must provide for reproduction on paper at a resolution of at least two hundred (200) dots per inch. (4) A document retained by the city in any form or medium permitted under this section shall be deemed an original public record for all purposes. A reproduction or copy of such a document, certified by the city clerk, shall be deemed to be a transcript or certified copy of the original and shall be admissible before any court or administrative hearing. (5) Once a paper document is retained in a nonpaper medium as authorized by this section, the original paper document may be disposed of or returned to the sender, except in the case of "permanent" records, as defined in section 50-907, Idaho Code. Paper originals of permanent records shall be retained by the city in perpetuity, or may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. (6) Whenever any record is reproduced by photographic or digital process as herein provided, it shall be made in duplicate, and the custodian thereof shall place one (1) copy in a fire-resistant vault, or off-site storage facility, and he shall retain the other copy in his office with suitable equipment for displaying such record at not less than original size and for making copies of the record. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. Search the Idaho Statutes Available Reference: Search Instructions. Page 1 of 1 The Idaho Code is the property of the state ofldaho, and is copyrighted by Idaho law, I. C. § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state ofldaho's copyright. http://www3.state.id.us/cgi-bin/newidst?sctid=500090009.K 1/20/2006 Idaho Statutes 0 U tt_ Idaho t. i .s TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 3 POWERS 50-302. PROMOTION OF GENERAL WELFARE -- PRESCRIBING PENALTIES. (1) Cities shall make all such ordinances, bylaws, rules, regulations and resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers in this act granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry. Cities may enforce all ordinances by fine, including an infraction penalty, or incarceration; provided, however, except as provided in subsection (2) of this section, that the maximum punishment of any offense shall be by fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. (2) Any city which is participating in a federally mandated program, wherein penalties or enforcement remedies are required by the terms of participation in the program, may enforce such requirements by ordinance, to include a criminal or civil monetary penalty not to exceed one thousand dollars ($1,000), or imprisonment for criminal offenses not to exceed six (6) months, or to include both a fine and imprisonment for criminal offenses. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. Search the Idaho Statutes Available Reference: Search Instructions. Page I of I The Idaho Code is the property of the state ofldaho, and is copyrighted by Idaho law, I. C. § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an in copyright. fringer of the state of Idaho's http://www3. state.id.us/egi-bin/newidst?sctid=50003 0002.K 1/20/2006 • 0 January 20, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT City Attorney — Bill Nary ITEM NO. 6-B-2 REQUEST Update on U -Tum 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: Date: Phone: Emalled: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 01 0 CITY OF MERIDIAN ORDINANCE NO. JAN 2 4 2006 City of meridian City Clerk Offic,. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE REPEALING AND RE-ENACTING TITLE 7, CHAPTER 1, SECTION 8, MERIDIAN CITY CODE REGARDING MAKING U-TURNS WITHIN THE CITY OF MERIDIAN; AND PROVIDING FOR A WAIVER OF THE READING RULES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: That Title 7, Chapter 1, Section 10, Meridian City Code is hereby repealed and re-enacted to read as follows: 7-1-8: U-TURNS: A.Restrictions: 1) No U-turn or turn reversing the direction of travel shall be made at or in any intersection unless specific traffic control devices are posted authorizing such driving maneuver; or 2) No U-turn or turn reversing the direction of travel shall be made in any other location unless there is sufficient distance of not less than one hundred (100) feet of roadway with a clear and unobstructed view by drivers from either direction a proper signal is made and said turn can be performed safely. B.Partial U -Turn: It shall be illegal for any turn to be made commencing from the lane of traffic in which a vehicle is moving which crosses the opposite traffic lane and which results in said vehicle parking or coming to a stop on the opposite side of the street from where the turn commenced. C. For the purposes of this ordinance "safely" shall mean that it is the responsibility of the party making the U-turn or turn reversing the direction of travel to establish that this maneuver can be made with due care to drivers and pedestrians at adjacent to or upon the roadway and with due care in regards to the current conditions of the roadway and driving conditions U-TURN PROHIBITION — Page 1 of 2 NOW .•. 7-1-8: U-TURNS: A.Restrictions: 1) No U-turn or turn reversing the direction of travel shall be made at or in any intersection unless specific traffic control devices are posted authorizing such driving maneuver; or 2) No U-turn or turn reversing the direction of travel shall be made in any other location unless there is sufficient distance of not less than one hundred (100) feet of roadway with a clear and unobstructed view by drivers from either direction a proper signal is made and said turn can be performed safely. B.Partial U -Turn: It shall be illegal for any turn to be made commencing from the lane of traffic in which a vehicle is moving which crosses the opposite traffic lane and which results in said vehicle parking or coming to a stop on the opposite side of the street from where the turn commenced. C. For the purposes of this ordinance "safely" shall mean that it is the responsibility of the party making the U-turn or turn reversing the direction of travel to establish that this maneuver can be made with due care to drivers and pedestrians at adjacent to or upon the roadway and with due care in regards to the current conditions of the roadway and driving conditions U-TURN PROHIBITION — Page 1 of 2 0 Section 2: 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 .2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this _ day of .2005. MAYOR ATTEST: CITY CLERK U-TURN PROHIBITION — Page 2 of 2 January 20, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT City Attorney — Bill Nary ITEM NO. 6-B-3 REQUEST Update on Parking Lot Property Exchange 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. January 20, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT Public Works Department - Len Grady ITEM NO. 6-C-1 REQUEST Discussion of South Area 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: COMMENTS OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings sha0 become property of the City of Merldlan. a January 20,2W6 FP 05-073 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT Conger Management Group ITEM NO. 8 REQUEST Tabled from January 3, 2006 — Request for Final Plat approval for 11 residential building lots and 4 common area lots on 5.36 acres in an R-3 zone for EI Gato Subdivision — 701 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 Previous Item Packet / Minutes Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. January 20, 2006 . I Y,1-110 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT Packard Estates Development, LLC ITEM NO. 9 REQUEST Request for Final Plat approval of 102 single-family building lots and 23 common lots on 25.34 acres in an R-8 zone for Crossfield Subdivision No. 1 — 955 West 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: No Comment 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 shop become property of the Clay of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PACKARD ESTATES DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 102 SINGLE-FAMILY BUILDING LOTS AND 23 COMMON LOTS ON 25.34 ACRES IN AN R-8 ZONE LOCATED AT 955 WEST USTICK ROAD IN A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 3 AND THE SE 1/ OF THE NW % OF T., 3N., R. 1W., SECTION 1 C/C January 24, 2006 CASE NO. FP -05-080 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 January 24, 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: January 24, 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 CROSSFIELD SUBDIVISION NO. 1 LOCATED IN A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 3 AND THE SE/40F THE NW % OF T. 3N., R. 1 W., SECTION 1, BOISE MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CROSSFIELD SUBDIVISION NO. 1 / (FP -05-080) Page 1 of 4 • 0 MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 12/22/05, SHEET 1 OF 3, ENGINEERING SOLUTIONS, LLP", PACKARD ESTATES DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 24, 2006, listing 22 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 Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 3 pages, and by this reference incorporated herein, and the response letter from Nampa & Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their January 24, 2006 meeting as follows, to -wit: 1.1 Adopt the action of the Council taken at their January 24, 2006 meeting, and specifically pertaining to the Staff Report, under Conditions of Approval, number 2 and 12, such they read now read as follows: CONDITIONS OF APPROVAL ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CROSSFIELD SUBDIVISION NO. 1 / (FP -05-080) Page 2 of 4 0 • 2. It appears to staff that a portion of lots in Block 10 fall within an FEMA classified AE floodplain. The applicant's engineer/surveyor shall submit a signed stamped document that states no lots are encumbered by the floodplain, or denote the fleedplain on the plat and m&F to it in a pat roto reference in a plat note the FEMA flood plain mgR. The applicant may also revise the plat to remove those lots that are in the floodplain. 12. of two poiffts of a0eess W411 be seFyeSMOM thaff 50 homes. The two en#mees sheu4d be separated by no lessan 174 the diagonal measummeat of the .R ll d"opm � A secondary permanent access shall be provided with the next final plat phase. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CROSSFIELD SUBDIVISION NO. 1 / (FP -05-080) Page 3 of 4 request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 04tv-% day Of 38-V 1LI CL n , , 2006. `®®`` ::: a a�s,d,iTam'3i1y de eerd 6 svor, ity of Meridian Attest: �_,� ''•,r L William G. Berg, Jr., City Jerk Copy served upon Applicant, the Planru'iiaZoagI)ePhnent, Public Works Department, and City Attorney. By:1 Ci Clerk's Office Dated: ) -1() -() Lp ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CROSSFIELD SUBDIVISION NO. 1 / (FP -05-080) Page 4 of 4 CITY OF MERIDIAN PL'A"NNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT i STAFF REPORT: Hearing Date: January 24, 2006 CIT" 'i _ Transmittal Date: January 20, 2006 C� IDAH TO: Mayor & City Council ° I. FROM: Sonya Watters, Assistant City Planner Michael Cole, Development Services Coordinator C SUBJECT: Crossfield Subdivision No. 1 Request for Final Plat Approval of Crossfield Subdivision No. 1 Consisting of 102 Single-family Residential Building Lots (Including 1 Existing Home Lot) and 24 Common/other Lots on 25.34 Acres in an R-8 Zone by Packard Estates Development, LLC (File# FP -05-080) 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, Packard Estates Development, LLC, has applied for final plat approval of 102 single- family residential building lots (including 1 existing single-family residential lot) and 24 common/other lots on 25.34 acres in an R-8 zone. Eight of the proposed building lots will house single-family attached dwellings, and 94 of the proposed building lots will house single-family detached dwellings. The gross density for this subdivision is 4.03 dwelling units per acre. The net density is 6.45 dwelling units per acre. The applicant states that the lot that contains the existing home on Ustick Road (Lot 1, Block 4) may be developed as a daycare in the future through a separate conditional use permit. This was also disclosed by the applicant with the previous conditional use permit and preliminary plat application submittals. Crossfield Subdivision is located in a portion of Government Lot 3 and a portion of the SE 1/a of the NW 1/a of section 1, Township 3 North, Range 1 West, Boise Meridian. The site is located on the south side of Ustick road approximately 1/2 mile east of Linder Road. The site has not been previously platted. The final plat has changed from what was approved with the preliminary plat. The Council allowed the W. Southern Pine Drive stub street to the property to the east to be removed. As a result, the alignment of W. Southern Pine Drive shifted slightly to the south. Two building lots have been added, one to Block 10 and one to Block 11. The applicant has submitted a conceptual drawing of how the remainder of the plat will lay out and two building lots have been removed in future phase 2 to comply with the total number of building lots approved with the preliminary plat. Common open space has also been reconfigured; however, the overall common area for the subdivision exceeds the amount originally approved. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Crossfield Subdivision No. 1 with the comments and conditions stated in this report. SITE SPECIFIC REQUIItEMENTS Applicant is to meet all terms of the approved annexation (AZ -05-015), conditional use permit (CUP -05-022) and preliminary plat (PP -05-017). Exhibit "A" FP -05-080 Crossfield Subdivision No. 1 FP.doc PAGE 1 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 2. It appears to staff that a portion of lots in Block 10 fall within an FEMA classified AE floodplain. The applicant's engineer/surveyor shall submit a signed stamped document that states no lots are encumbered by the floodplain, or denote the floodplain on the plat and refer to it in a plat note. The applicant may also revise the plat to remove those lots that are in the floodplain. 3. The applicant has not indicated who will own the pressurized irrigations system in this proposed development. If it is to be owned and operated by an Irrigation District, then a license agreement shall be entered into prior to the scheduling of a pre -construction meeting. If it is to be a private system owned and maintained by the Homeowners Association, a draft copy of the operations and maintenance manual shall be submitted prior to plan approval, with a final copy to be submitted prior to signature on the final plat by the City Engineer. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant has indicated that the primary source will be Five -Mile Creek which is a year round source therefore a single -point connection is not required. If, in the future a single -point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. If Lot 1, Block 4 is developed in the future as a daycare, a conditional use permit will be required. 6. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. 7. Sanitary sewer service to this site is being proposed from stubs in Ustick Road. The applicant shall install mains to and through this proposed development. The applicant shall coordinate main size and routing with the Public Works Department. 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 the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. Remove the portion of Lot 14, Block 1 that is being proposed as a sanitary sewer easement and include it in a separate common lot. Water service to this site will be from main line extensions from water mains in Ustick Road. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 10. Remove all buildings that do not meet setbacks or the zoning ordinance prior to signature on the final plat by the City Engineer. 11. Revise the 30 -foot wide Ustick Road landscape street buffer easement shown on Lot 1, Block 4 to be a 30 -foot wide common lot. Reference this new common lot in plat note #8. 12. 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. Exhibit "A" FP -05-080 Crossfield Subdivision No. 1 FP.doc PAGE 2 CITY OF MERIDIAN ANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 13. The submitted construction plans do not include a grading and drainage plan as required in PP - 05 -017 site specific requirement number 7. Prior to plan approval the applicant shall submit a grading and drainage plan that complies with the preliminary plat requirements. 14. 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. 15. All irrigation ditches, laterals or canals, exclusive of natural waterways and the Creason Lateral, 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. 16. Graphically depict a 5 -foot wide public utilities, drainage and irrigation easement on the east property line of Lot 7, Block 11. It will be an interior lot line to a future phase. 17. It appears to staff that the bearing of record for Meridian Park Subdivision No. 1 does not match what is shown on the plat. Please include bearings of record. 18. The sum of the lot dimensions along the western boundary of this development does not equal the adjacent boundary. Please confirm this and make any necessary adjustments. 19. The landscape plan, prepared by Harvest Design and dated 12/20/05, shall be revised as follows: a. A 10 -foot wide gravel shoulder is required along W. Ustick Road, east of N. Blairmore Way with the remaining portion of the right-of-way landscaped with lawn or other ACHD approved groundcover. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer 20. Revise or add the following note(s) on the face of the plat dated 12/22/05, prepared by Engineering Solutions, LLP, prior to signature on the final plat by the City Engineer: (1.) Revise to "...and lot drainage over the t 0) fourteen and a half (14 %2) feet adjacent to..." The extra width is needed to ensure a 10 -foot free and clear easement. (8.) Add Lot 6, Block 11 as a common lot. (10.) The lot and block references are incorrect. They should be Lot 1, Block 8; Lot 6, Block 11; and Lot 11, Block 10. (11.) "...is prohibited le agreed to in wFAing by Ada couffty Iligi+way D tf + aftd the G +. ems. 21. Complete the Certificate of Owners and accompanying acknowledgement. 22. Staff's failure to cite specific ordinance provisions or terms of the approved annexation, preliminary plat, or conditional use permit does not relieve the Applicant of responsibility for compliance. Exhibit "A" FP -05-080 Crossfield Subdivision No. 1 FP.doc PAGE 3 CITY OF MERIDIAN PANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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. 3. 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. 5. 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 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. Exhibit "A" FP -05-080 Crossfield Subdivision No. 1 FP.doc PAGE 4 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF RECOMMENDATION Staff recommends approval of the final plat for Crossfield Subdivision No.l with the above stated comments and conditions. Exhibit "A" FP -05-080 Crossfield Subdivision No. 1 FP.doc PAGE 5 r-� EIGINEERING planning and engineering communMes Jot tee Julure SOLUTIONS1LP January 23, 2006 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Crossfield Subdivision No. 1 Final Plat File No. FP -05-080 Dear Mayor and Council: 150 East Aikens Street, Suite B Eagle. ID 83616 Phone: (208) 938-0980 Fax: (208) 938-09.11 E-mail: es-bcckyWPq%vest.net We have reviewed the staff comments prepared for the Meridian City Council meeting of January 24, 2006, and have the following responses: SITE SPECIFIC REQUIREMENTS The applicant will comply. 2. It is the applicant's intent to go through the Letter of Map Revision -Based on Fill (LOMR-F) process for those lots impacted by the floodplain. The impacted lots will be physically filled and the surveyor will certify the new elevation for submittal to the Federal Emergency Management Agency (FEMA). LOMR approval will be submitted prior to submittal of building plans for those lots impacted by the floodplain. Nampa & Meridian Irrigation District (NMID) will own and operate the pressurized irrigation system.; requests for a license agreement and urban irrigation contract have been submitted to NMID. 4. The applicant will comply. 5. Noted. 6. The applicant will comply. The applicant will comply. C:Oocumcnts and Settings,allen.glocal Settings�Tcmporary Intancl FileslOLK601 �RecsResponse.doc Exhibit "B" 0 • Mayor and City Council January 23, 2005 Page 2 & The applicant will comply and adjust Lots 14 and 15, Block 1, to have 15 -foot frontages and a shared driveway. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant proposes to utilize the sanitary sewer easement area currently shown on Lot 14, Block 1, as a temporary emergency access until Phase 2 is constructed. 13. The applicant will comply. The preliminary grading and drainage plan is complete and waiting for ACRD street plan approval so we can confirm the street grades. 1.4. The applicant will comply. 15. The applicant will comply. Please revise reference to "Settlers" to read "Nampa & Meridian." 16. The applicant will comply. 17. The applicant will comply. 18. The applicant will comply. 19. The applicant will comply. 20. The applicant will revise the notes as requested. 21. The applicant will comply. 22. Noted. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. C:`Docutnents and Settings-allens'Local Settings.Ternporan• Internet Pilesl)LK601 %Rec%Rcsponse.doc F:+dtibit 1113" 0 Mayor and City Council January 23, 2005 Page 3 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. • We would appreciate your favorable consideration of our request. Thank you. Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss cc: Mr. R. Craig Groves C 'Docununts and SLKtinga-allenwi.oca! Satings 7'cmporan Snlcmd Re%'OLR601 �.RecsRespow;e.do�; Exhibit "B" s ■N FEB 01 '06 10:15 FR CI.OF MERIDIAN 17 January 2006 Plaaaing Aepa mien City of FA dian Meridian, ID 83642 RE; FT 05-080/CroasBdd Subdivision No.1 Dear Anna: 208 888 4212 TO P*Z P.01/02 1503 FIRST SMEPT SOUTH I~A, IDAHO 83631-4395 FAX as 208-463.0092 P60m: Arm Code ?Ae OFFICE; Nampa 466.7861 SHOP: Nampa 466-od63 A Nampa & Meridian Irrigation District toquims that a Lend Use Change Application be filed, for review, prior to final platting. Please contact Donna Moore at 466-7861 for further inforamtion. All Utemb and waste ways must be protected. 1U District's Crcason Latcral cowses through this proposod prio act. phis easement must be protected and any encroacbment wftout a signed License Agreement and approved plan, before any eons&uttion is started, is unscceptnble. ALL WORK WITfUN NAWA & MERIDIAN nWGATION DI,S"TRICT FACILITIES MUST BE COMPLEM BY MARCH 15, 2006. If you have any further questions, please feel flee to give we a aalL Sincerely, BM H urian Asst Water .Superintendent Nampa & Meridian Irrigation District BIVft C. Clew Form= File - OfficafShop APPIO V#MTE IRRIG"tE ACRES Exhibit "C' FEB 01 '06 10:1S FR CIObF MERIDIAN 208 882 4218 TO P -OZ P. 02/02 MdQy Engineering Solutions, LLP 150 E. A&ens Street, Suite e Eagle, ID 83816 Dear Ms. McKay. r ' +' ♦ r r .� / / i � � i Iii 1503 FIRST STREET SOUm NAMPA, IDAHO 83651.4395 FAX a 208-4634M Phones: Am Gods 208 ORKL. 466.7 861 SHOP. Ntanpa 466.0663 Enclosed please itn+d a Land Use Change Application fbr your use to file with the Irrigation District for its review on the above -referenced development. If thls development is under a 'rued' to be finalzrad, I would recommend that you submit a cashier's check, money order or cash as payment of the fees In order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrlgatton system that win be owned, operated and mintalned by the Irrigation District, I strongly urge you to coordinate with John P. Andaman, Water Superintendent for the Irrigation DlsMct, concerning the installation of the pressure 9ystern. Enclosed Is a questionnae+e that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership. operation and makdertance of the pressure urban irrkja* n syMeim. tr you have any questions concerning *do matter, please feel free to can on me at the District's office, or John P. Andwrson, at ft District's ehap. Sincerely, &A14A, �. �*� Gonna Id_ Moore,Asst 3ecx�ry/Treasur+or NAMPA & MERIDIAN IRRICATIQN DISTRICT DNIWsmc CC: File Water Superintendent Maridian City Planing Department R. Craig Groves, Packard Estates Devebpmsnt, LLC, GM N. Discovery Way, Suite 120, Bo%^ ID 83713 enc. Exhibit "C" APWXW+w?E WJGABW sates ** TOTAL PAGE.02 ** January 20,2W6 FP 05-079 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT Properties West, Inc. ITEM NO. 10 REQUEST Request for Final Plat approval of 36 single-family building lots and 1 common lot on 9.38 acres in an R-8 zone for Burney Glen Subdivision No. 3 — south of McMillan Road on 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: COMMENTS See attached Staff Comments No Comment OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PROPERTIES WEST, INC., FOR FINAL PLAT APPROVALOF 36 SINGLE- FAMILY BUILDING LOTS AND 1 COMMON LOT ON 9.38 ACRES IN AN R-8 ZONE LOCATED SOUTH OF MCMILLAN ROAD ON NORTH MERIDIAN ROAD IN A PORTION OF THE S % OF THE S % OF THE NW 1% OF T. 4N., R. 1E., SECTION 31 C/C January 24, 2006 CASE NO. FP -05-079 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 January 24, 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: January 24, 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 BURNEY GLEN SUBDIVISION NO. 3 LOCATED IN A PORTION OF THE S V2 OF THE S %2 OF THE NW 1/ OF T. 4N., R. 1 E., SECTION 31, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BURNEY GLEN SUBDIVISION NO. 3 / (FP -05-079) Page 1 of 3 0 2006, HANDWRITTEN DATE: 11/29/05, SHEET 1 OF 2, J -U -B ENGINEERS, INC.", PROPERTIES WEST, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from 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: January 24, 2006, listing 14 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 3 pages, and by this reference incorporated herein, and the response letter J -U -B Engineers, 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. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BURNEY GLEN SUBDIVISION NO.3 / (FP -05-079) Page 2 of 3 0 0 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the � day 1 ��ti�irNIC Attest: William G. Berg, Jr., Cit3klert Copy served upon Applicant, the Planr�a�� ad,Z� City 4ttorney. ' City of Meridian BY Dated: 9 -10 -OU City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BURNEY GLEN SUBDIVISION NO.3 / (FP -05-079) Page 3 of 3 Public Works Department, and CITY OF MERIDIAN ANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT r STAFF REPORT: Hearing Date: January 24, 2006 Transmittal Date: January 19, 2006,' y KI.ta-r�, TO: Mayor & City Council FROM: Sonya Watters, Assistant City Planner Michael Cole, Development Services Coordinator C - SUBJECT: Burney Glen Subdivision No. 3 Request for Final Plat Approval of Burney Glen Subdivision No. 3 Consisting of 36 Single-family Residential Building Lots and 3 Common/other Lots on 9.38 Acres in an R-8 Zone by Properties West, Inc. (File# FP -05-079) 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, Properties West, Inc., has applied for final plat approval of the third and final phase of Burney Glen Subdivision. The plat consists of 36 single-family residential building lots and 3 common/other lots on 9.38 acres in an R-8 zone. The gross density for this subdivision is 3.57 dwelling units per acre. The net density is 5.07 dwelling units per acre. Burney Glen Subdivision is located on the east side of N. Meridian Road, approximately '/z mile north of E. Ustick Road, in the NW % of Section 31, TAN., R.IE. The site has not been previously platted. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Burney Glen Subdivision No. 3 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS Applicant is to meet all terms of the approved annexation (AZ -02-026) and preliminary plat (PP - 02 -025). 2. The applicant has indicated Settlers will own the pressurized irrigations system in this proposed development. Since it is to be owned and operated by an Irrigation District, then a license agreement shall be entered into prior to the 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. The system is using a single -point connection in a previous phase; therefore the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Sanitary sewer service to this site is being proposed from stubs previous phases. The applicant shall install mains to and through this proposed development. The applicant shall coordinate Exhibit "A" FP -05-079 Burney Glen Sub3 FP.doc PAGE 1 CITY OF MERIDIAN ANING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT main size and routing with the Public Works Department. 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 the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. 6. Water service to this site will be from main line extensions from water mains in a previous phase and a stub in Cobre Basin to the north. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Include the CP&F number for the section corner common to sections 25, 30, 31, and 36. 8. Include set survey points for the back lots lines of Lots 5, 6, and 7 on the face of the plat. 9. It does not appear that the bearings called out on the northern, eastern, and southern boundary of this development do not match existing bearings of record. The applicant shall confirm this and include any bearings of record on the plat. 10. Graphically depict an 8 -foot wide public utilities, drainage and irrigation easement in the following locations. The extra width is necessary to accommodate irrigation lines. a. Eastern boundary of Lot 8, Block 10. b. Western boundary of Lot 16, Block 7. 11. 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. 12. The landscape plan, prepared by Harvest Design and dated 12/20/05, is approved as submitted. 13. Complete the Certificate of Owners and accompanying acknowledgement. 14. Staff's failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 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. Exhibit "A" FP -05-079 Burney Glen Sub3 FP.doc PAGE 2 CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPARMENTS STAFF REPORT 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. 5. 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. 6. 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. 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. 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Burney Glen Subdivision No. 3 with the above stated comments and conditions. Exhibit "A" FP -05-079 Burney Glen Sub3 FP.doc PAGE 3 0 Sonya Watters From: Daren Fluke [dflukeQub.com] Sent: Monday, January 23, 2006 4:47 PM To: Sonya Watters Cc: Anna Powell Subject: RE: Burney Glen Sub. 3 Final Plat Staff Report 0 Sonya, we have reviewed the staff report for Burney Glen Subdivision No. 3 and are in agreement with the conditions contained therein. We are in the process of amending the plat as required by conditions 7-10. We will submit a revised final as soon as the edits are complete. We do not intend to attend the hearing regarding this item. Please convey the owner's acceptance of the conditions of approval to the city council. Thanks, and please call if you have questions or need additional information. D -----Original tifessage----- From: Sonya Watters [tnailtowatterss ct,meridiancity.org] Sent: Thursday, January 19, 2006 5:12 PM To: Daren Fluke Cc: Jessica Johnson; INfachelle Hill; Sharon Smith, Tara Green: Will Berl; Subject. Burney GIen Sub. 3 Final Plat Staff Report •lttached is a copy of our staff report for the above-mentioned project. Please submit a written response to the staff report to me prior to the City Council meeting ne\t Tuesday. Thanks, Sonya -------------------------------- Sonya Watters CITY OF MERIDIAN Planning Department 660 1".. `Vatertower Ln., Ste. 202 Meridian, Idaho 83642 Phone: (208)884-5533 Fax: (208)888-6854 ------...— --...-----..,...--------- --- --- Exhibit "B" January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT William Colson, Hugh Colson Revocable Trust & Meridian Premier ITEM NO. M 105-018 REQUEST Public Hearing — Request for Miscellaneous Request to Amend the previously approval Development Agreement for Cottonwood Lane Annecation AZ 04-029 985 East Freeway Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No Comment NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT ITEM NO. 12 REQUEST Public Hearing - Fee Schedule for Reservation to Use Police Station Conference Room AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. January 20, 2006 MERIDIAN CITY COUNCIL MEETING January 24, 2006 APPLICANT ITEM NO. 13 REQUEST Resolution - Approving and Adopting Fees for Public Use of the Meridian Police Department Conference Room AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. January 20, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST January 24,2W6 ITEM NO. is Discussion of Expansion of Area of City Impact 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: Materk* presented at pubNc meetings shall become properly of fhe City of Meridian. 0 South Meridian Comprehensive Plan Amendment and Area of City Impact Expansion 1. 2. 4 5. Comprehensive Plan Amendment A. First thoughts— Joint public participation with no land uses B. Second thoughts— Needed to move forward with land uses Submit application by June 15th Very short time frame C. Third thoughts— Joint public participation and land use planning Ada County and Kuna Joint Effort Plan A. Three concurrent Comprehensive Plans i. Meridian Comprehensive Plan ii. Kuna. Comprehensive Plan iii. Ada County Subarea Plan that encompasses both B. Enhanced public participation i. One public participation effort—not three ii. Less confusing to participants C. Looking beyond our borders i. Coordinated transportation and land use planning ii. Put the principles of Blueprint for Good Growth into action D. Bring additional tools to hearing process i. Visual Simulation ii. Infrastructure Analysis E. Bring additional tools to AOCI process i. Integrate implementation strategies ii. Shorter negotiation process F. Potential to reduce Conflict G. Challenge for staff to coordinate South Meridian Development Opportunity A. Delay in Comprehensive Plan by 6 months B. Delay ability of City to annex by 6 months C. Recommend UDC text amendment i. New zoning district "holding zone" ii. No addition development rights iii. Could rezone once Comp Plan Amendment is submitted iv. December 2006 Meridian Only Effort A. Easier for Staff B. Comprehensive Plan done sooner C. React sooner to development concerns (June vs December 2006) Timelines A. Joint Effort February 2007 P&Z Commission hearing Commission hearing Submit AOCI in May 2007 Heard by Ada County in September 2007 N Shorter egotiations B. Solo Effort August 2006 P&Z Commission hearing Submit AOCI in October Heard by Ada County in March 2007 Longer Negotiations `; - .SAN 2 4 2006 City of Meridian City Clerk Office