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HomeMy WebLinkAbout2005-12-13i OF Vt we7�r� ;v IDAHO �'� ` a• -r.wntiu,at vNi't � since ! iew PRE -COUNCIL MEETING AGENDA Tuesday, December 13, 2005 at 5:00 p.m. Meridian Police Station 1401 East Watertower, Meridian, Idaho "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 1. Roll -call Attendance: Shaun Wardle ® Christine Donnell Charlie Rountree X Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: apo" vtiC__ 3. Engaging with AspireOn: (90 minutes*) a4cdxo_, Approximate allowable time set for agenda item may change depending on the discussion. Please us the designated minutes as a guideline only. Meridian City Council Pre -Council Meeting Agenda — December 13, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 'CITY OF 9L r IDAHO �Fk ° u" Tftensuat V num SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 0 NOTICE OF PRE -COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre -Council Meeting at Meridian Police Station, 1401 East Watertower, Meridian, Idaho, on Tuesday, December 13, 2005 at 5:00 P.M. The Meridian City Council will be discussing the following agenda items: Engaging with AspireOn The public is welcome to attend the meeting. DATED this 9th day of December, 2005. WILLIAM G. Meridian City Pre -Council Meeting Agenda — December 13, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY ATTORNEY / HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 Printed on recycled paper 0 • Meridian City Pre -Council Meeting December 13 2005 The Meridian City Pre -Council meeting was called to order at 5:05 P.M. on Tuesday, December 13, 2005 by Council President Shaun Wardle. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree and Joe Borton Members Absent: Christine Donnell Staff Present: Bill Nary and Will Berg. Others Present: Josh Grant, Phil Stifler, Frank Thomason. Item 1. Roll -call Attendance: Roll call. X Shaun Wardle O Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Bird: Mr. President. Wardle: Mr. Bird. Bird: I move we adopt the agenda as published. Rountree: Second. Wardle: It's been moved and seconded to adopt the agenda. All in favor? THREE AYES. ONE ABSENT. MOTION CARRIED. Item 3. Engaging with AspireOn: Wardle: I would like some further information on that. Phil are you going to kick this off or --? De Weerd: You know I think I have talked to each of you and what this workshop is to be about and looking at defining our roles and also bringing you up to speed organizationally and accountability wise as to what has been going on at the senior level management team and building an accountabilities, aligning the values, the work plan and the mission together with our strategic initiatives and 0 • Meridian City Pre -Council Meeting December 13, 2005 Page 2 of 30 how we have been moving forward with that. AspireOn has been our consultant and has been working and teaching us about coaching, mentoring, engaging and aligning so now you have heard every word that we had pounded into our heads over this last year. But, I think it's really exciting where we have come this last year. I know we have touched base along the way to kind of give small updates, but we have it now compiled into a book that you have in front of you and Phil and Josh will walk through this process and I will tell you what, it has been very positive and I think you see that by our leadership and we are excited about what (inaudible -------------) friendly. Stifler: Thank you, Tammy. I am going to standup, but I am also going to sit down because this is a workshop and I don't want it to feel like it is a presentation and the first thing I would like to say to you is that as I go through some of this kind of update material and get into discussions about alignment and the future sights of the Council, along with leadership (inaudible) and the citizens of the city, I think one of the things that I would like to engage is to please interrupt me in any point and time. I know I have got a chance to meet most of you individually. I think you will do that. For any clarification or answering any questions as we go through it, I hope it's more of an interactive kind of discussion. So, the first thing I would like to have us go to is to kind of give a little idea, a little bit of the agenda, what we are going to talk about with a little more specifics, assuming it works is that the first word that I will put up there that Tammy had indicated — a little bit about where the city has been. Where it is at, both from the standpoint of what I consider to be that all of you as Councilman, I think should be very proud of the fact that the staff and where you positioned the city for the future. The excellence word isn't just a consultant's word. That is a word that comes out of the values which we are going to reaffirm a little bit and talk a little more about for the city. My alignment word, I would like to kind of give you an idea. I know when I talked to each of you individually; I said sometimes you think about any organization, how do you align the strategy with the people, with the operations and with the culture? You might say well that sounds like a lot of words, but the reality is if you do align those, you get a better chance of optimizing the performance that you would like to see out of that. As I have used a comparison a little bit sometimes that related the fact that you have got the wheels of the car going in the same directions compared to some towed out or doing different directions, the auditions with regards to efficiency, productivity, have issues with regard of performance and other elements. So, my compliment in the idea that I would like to say status wise, where the city thinks — I think the foundation thanks to the direction of the Council and the fact that leadership is embraced — what we are going to show you a little bit on the accountability in saying okay here is a strategy, here is a focus areas for the city, but how do we make that really work? It's kind of the old reality side of how does it really work? So, what I am going to do is we are going to go through and talk a little bit about this positioning for the city and what is happening typically with regard to that accountability system because I think it's important for you as Councilmen to understand what that leadership and what leadership is driving throughout the whole organization. Meridian City Pre -Council Meeting December 13, 2005 Page 3 of 30 Then I am also going to talk a little bit about the input that I actually ascertained by going to the leadership of each of the directors in the departments; having to do how they view what can enhance that relationship communication between Council and leadership and thirdly we will talk about input that I have even gotten from all of you here and also I did talk to some of you (inaudible) with Christine. She offered that I could share some of her input in the session. I know she wants to have further discussion. I did ask her if it was okay to share some of that input having to do with that alignment going forward. Really, you will see as you get to this last one on alignment reinforcement, follow through (inaudible) a conversation with Joe today about follow through, Council relationships, roles and responsibilities and trust and creditability related to alignment with Council and leadership taking the direction forward. You find in the packet there is action items related to all those. I am the believer in kind of having the meeting tonight and saying yes that is informative; kind of where does it stand, but say what does that really mean as far as going forward? So, what I will ask you to do is if you tum there is a — I am going to explain the whole book to you as a background, but if you will tum to the one that has a number one, a number one kind of column there you will see it says vision, mission and values. I just want to remind and I think all of you have probably seen the pages in front of you there that refers to the vision for the city, the mission; obviously you've had a part of. I think the details of the values — I would ask the question, I don't know communication wise, are all of Council aware of how those values how they actually came — how they were actually created? Okay. I don't know, even the — I don't know, maybe Shaun are you aware of how they were created? Wardle: Is the discussion where they were created out of the 13 or 14 focus areas and rolled up into --? Stifler: No. The values themselves from the culture standpoint were more related to the fact that said wait a minute as an organization, what are we going to say to the values or behaviors that we think are significant and in support of the culture to do the strategic there as you are talking about. But, this was not dictated by leadership. Actually some of the people in the room here, Will included, the actual leadership side actually took this form out of taking it and establishing a catalyst group within the city in different departments and getting their input with regard to looking at what are values that they feel are important to accomplish in the mission of the city and looking at it from their standpoint of meeting behavior. So, in this page, for example in the customer service and this is the CARE and actually I will say to you that there is feedback, I believe that the staff and I think Tammy and Bill and Will could speak to it, the staff actually doesn't think those values are something to hang on the wall and they don't have any meaning, they are now seeing the meaning out of it. But, when you see each one of the items, if you go to page two of this, if you look at accountability, those statements that are below each one of the depth description of the values were statements that came from employees about establishing what they felt to be appropriate behaviors in support of the values for the organization. So, that 0 • Meridian City Pre -Council Meeting December 13, 2005 Page 4 of 30 was one that you understand to say one thing we have got is a vision and mission, but what is the acceptable behaviors that the people want to look at. That was the link to tie that in. This is just kind of a view to give you an idea that we even show when actually I think Bill and Bill Musser and Will actually used this chart when we prepared the chart for them when you met with the catalyst because you wanted to say to the employees, you wanted to say what do values actually have to do with down here on this? So, to understand what was actually happening on the integrating values and you think about it in support of the mission and the vision and where the alignment from Council to direction rated all the way through. So, that is kind of the background which has been important and I don't — the check on the dates. As the employees went through that and got involved in it they have now kind of seen the meaning of that and I will tell you that one of the inputs that I think some of you shared with me in talking to people and citizens and businesses and everything, I think they seen a tremendous aspect of the customer service side. I think that customer service has identified as a value that they see what that behavior really represents in that case and I think that is a positive thing for the city. If you then go to the next page three in that same section, this is back from Shaun which is referring to and having to do with the city and actually looked at identifying those 13 major areas and we actually looked at it and said how do we narrow it down into actual focus areas for the city? The focus areas that we brought back to the Council and went through were of these in providing services with available resources, planning for good growth, stewardship of the public trust and then an organizational excellence issue. Those being the four major focus areas. Then what happened out of that is leadership went down through in support of and in presenting and discussing with you as Council, those initiatives the support of these focus areas. So, that became kind of that starting point and sometimes I talked with quite a few of you when you do planning — when you say planning and outlining you say here is these focus areas, here is these initiatives and that is kind of like okay now how do we actually make it work? My view is how do you put the glue on that? I apologize, it is a little difficult to kind of see here, but what happened is in defining this organizational excellence with working with leadership we put over here we said Mayor and Council focus areas, guiding principals, those came down to initiatives — then those come down to actually departmental positioning plans, so each department has to have a positioning plan. So, if you look at the next page on page four, you will see that to look at the next page on page four, you will see to look at summarizing what are the major issues that each department needs to do to support the city-wide initiatives, you will see for example the first one is the Mayor's key areas that she identified as a positioning plan that she needed to do to support accomplishing this for the city. If you go to the next page, you will actually see each one, for example in the City Attorney, HR, IT and you see those elements that they actually identified that this is what I need to do out of my department and these means to be major issues with actually saying, not just talking about it, but a positioning plan on how do I execute and what do I do? So, that is how those came about. If you go onto that, each one of these and we are going to show you a sample tonight of one of 0 • Meridian City Pre -Council Meeting December 13, 2005 Page 5 of 30 the ones just to walk it through, but I will note with you right now that I am not going to go through a bunch of these other items from on about all the way back through ten. What you do is you have in your file, excuse me, in your folder there, you have for each department and I will actually mention let's just take — if you go to number two, which is the Mayor's Office, you will see you have a copy right now of the description of each and the success expectations and I will go through this form a little bit later, but you are going to see those things that she has identified as an actual action plan for her and you see a positioning plan first from her then you actually go through and you will track that through to back to her accountabilities. If you go to number three — just on Bills, he happens to be sitting here. I will use Bill as an example. You actually have his and you will track it through and so what's happened is I want to make sure that — this is important, I guess, in any organization when I talk to you, which I think is really unusual for a city, you have a city that has taken the effort that says leadership has said we are going to take hold. We are just not going to talk about planning. We are not going to talk about (inaudible). How are we going to do something to execute and make it happen? So, these have gone through and you actually have seen an example and I will walk you through that. Well, what do we really need to do from an implementation standpoint? We have a discussion and I would say to you that in the catalyst training that we have done for the leadership, Will sat here — Bill and Tammy have all been through it. It gets down to how do you look at resource requirements? How do you look at efficiency productivity? How do you look at assigning that and it falls over to accountabilities? So, that is kind of and I am going to leave that up there because it will help, I think, a little bit of tracking it through that you could feel comfortable in saying, okay if we provide direction here and we are in alignment here and this is a direction then how do you get it done? And again, how do you get it done has to do when the people do not know the expectations for their accountabilities, it really doesn't happen. There is a copy of that worksheet in the very back of your — have I lost anybody yet? De Weerd: This has happened over a period of time, so it didn't happen over night. Stifler: Actually, the first time we put this chart up and I will share this with you and Bill was here, Will will even attest to this. The first time we put this chart up, I think everybody looked at it and we were talking about how leadership, management supervisors had to track this through, everybody kind of looked at me and I think a few of us said Phil wait a minute, they were kind of gone. It's interesting this week and we are now into level two in some of these accountabilities for people in each department. I shared with Tammy and Bill yesterday and said now we have got everybody and kind of a light bulb is going on and they are going hey now I understand how this all links in and how I am responsible in what I am doing to help support all the way up to what the city decided up here; whether it's stewardship or the accountability, the efficiency i • Meridian City Pre -Council Meeting December 13, 2005 Page 6 of 30 product, whatever it may be and you are going to see that these get more specific. These are more specific as we get into them. De Weerd: Phil? Stifler: Yes. De Weerd: I might add too, on the success expectations as you look at some of those key areas and the initiatives. Those can change. I mean they are fluent because what we did is we started at the top and as they start developing their position descriptions or PADS for the rest of the down line. That can now come back up and kind of tweak some of these things. The words might change and they might have another item, but that's what makes this really nice and dynamic and it's dynamic in that we bring in all the input and it will flow up and maybe change some of the expectations that I have when I meet with the directors one on one. So, the initiatives stay the same, but maybe the success expectation might change a little bit being refined. Wardle: Just to follow up on what the Mayor says. Is that kind of a buzzword is that the PAD? Stifler: Yeah. Wardle: Is that what I understood? Does that stand for a position, accountability and — Stifler: Definitions. Wardle: Definitions? Stifler: Position, accountability and definitions and now everybody in the city is kind of do I have my PAD yet? Have I reviewed the PADS? It's kind of become more of a terminology. So, if you go back to as Tammy just mentioned, if you go back to the second page in your booklet — I know I am kind of flipping you back and forth, but if you go back right after the agenda what I did is I summarized a little bit of — it's actually the page that says dynamic accountability, it's the second page in your whole packet and when Tammy said the word dynamic, I want to reinforce that and I picked out just a couple of items to kind of give an overview on it. If you look at number two, what is this whole PAD? It's an instrument for achieving clarity and increasing ownership of expectations; roles and responsibilities for positive execution of accountability results. These aren't the consultant's words. It's interesting. This has come out by doing sessions with the leadership. These are words and now we've summarized after talking to the people about how when it comes to communicating saying why are we doing this? Why does it make sense? So they understand it and take ownership in it. Number seven, I will go there. It's a tool which necessitates focus and that's U F_-I LJ Meridian City Pre -Council Meeting December 13, 2005 Page 7 of 30 where even you heard Will using engagement? Engagement, communication, negotiation, clarity of direction and I think in a way when you think about why we said alignment, you kind of always think about the fact is there a clarity — if you can point people, I don't care if it's any business, if you are pointing them in the direction, you are providing part of that alignment and I have asked people who have said to me because I have used that a lot in the business side and the private business and said wait a minute how do we know when we are aligned? And somebody go well old adages — well you will just know it. Well, that is not quite where it is, what it really gets down to is you know it in a way when your business is in sync, people are doing the things that you expected them to do. You are performing in those things and in a way it kind of becomes more of there is a clear line of sight, I guess. A clear line of sight from the strategy, from management all the way down through the people. I guess that is the best way that I can describe it. So, then I think that if you go down to this objectives capabilities overview, I just will mention number one. It says it facilitates performance optimization while promoting efficiency and productivity. I will tell you right now that you have a city, in my opinion, and my opinion comes from Josh, who all of you have met who works with me, he has worked with a lot of the cities — we have worked out of comparable sizes, some bigger, some smaller, but the majority of them are in the same range as the City of Meridian. I think right now that you have a platform where you have a staff that is now looking at how do we optimize what we do and they think about it. There is an attitude. There is an understanding of it. I know Keith traveled around enough in the city to look at it and there is a mindset regarding that kind of accountability. Is it all the way where you want it? It's always a work in process and I think that the bottom line is though you have got a solid foundation and you have got management leadership or reinforcing that kind of behavior and so I will even say that if you look at number four there, I said provides a method for dynamic performance evaluation and follow up engagements, I defer to Bill a little bit that what's happened out of this position accountability, we aren't reinventing a wheel. That position accountability process becomes down and dirty simple, that is part of the performance evaluation. I will let him kind of — Nary: What we are doing with those PADS, the purpose of those PADS is for basically building that expectation and accountability into the employees. So, we do those on the front end and the objective is as we work through each year, you have quarterly reviews. You have an opportunity for input. Those PADS are going to change; they are going to reach milestones that you are going to take off. You are going to have benchmarks that maybe you will have to readjust because of other factors and (inaudible). At the end of the process, we are ready to implement probably until January a new evaluation tool, which will relate to the PADS because the PADS are already ongoing processes, so as you begin each year you are going to be looking at those PADS as part of your evaluation tool and at the end of the period, while you are doing a sort of an end of the year eval, we are going to be assessing those behaviors that the form we are going from is that ten or twelve page form that you have all seen over the years that is • Meridian City Pre -Council Meeting December 13, 2005 Page 8 of 30 very complicated and very unusable for people to a two page form that really just is there to create that dialogue to assess those behaviors, to assess that I guess for a lack of a better term it's a very much of a cultural shift that we have had over the last couple of years to get people to understand that the focus of the city is to be aligned, to be working towards a common goal that everyone and one way that I always promoted to my staff is everyone that works here should recognize through those PADS, through our conversation, through that dialogue that you would have ongoing what their role is in the city's goals. What you folks set as policy and direction of the city, relates to people implementing them in some fashion, whether it's somebody that cuts the grass or mucks out the digester or files paper or whatever they do has a relationship to those goals. They should all feel like we are pushing the rock the same way and in many organizations, unless you are really, really small — and I don't know the size of (inaudible----) but if you are real small you could probably feel it because there is not that many people to spread the work around. But, if you get very large of any size you don't always feel that. Having worked in a really large organization, I can tell you that very few people think what they do on Monday has a relationship with what the Council decides on Tuesday and the objective of what we are trying to accomplish here is that exact thing. That they understand that when the Council makes a direction, when the Council takes a pathway at something and gives you direction or guidance of the city whether it's through the budget or through their actions your folks take, that impacts how we do our business and how we then transmit that back to the public because we are trying to accomplish the same goals and the tools we use to measure it, everyone works based on how you measure it. What you evaluate them on is what they know is important to you. So, what we evaluate people on is what their goals are, what their functional accountabilities are to accomplish those goals and how the behaviors match up with the behaviors that we have established with the city that matters; customer service, accountability, respect, excellence and they then have the opportunity to own all the outcomes. If you are a part of what's going on and you feel like part of your role is moving the city forward and being a part of it, you are much more accountable for the outcome and what happens. If you don't care and you don't feel like you are a part of it then it doesn't matter. You turn the screw, you don't tum the screw it doesn't make any difference. But, it does when you feel like and the communication and the message that you get over and over from the Council, the Mayor, the Directors is what you do matters and here is why it matters and here is how we told you that it matters and we consistently reinforce that. Rountree: In this process (inaudible--------------) is there an extreme mechanism (inaudible)? Do the PADS take people beyond what their job position, descriptions will allow them to be compensated for so we don't have (inaudible--- -----) and somebody's PAD all of sudden has responsibilities that exceed (inaudible ------------------- ). Actually to evaluate it, (inaudible---------) compensation (inaudible). How does that factor in? I like what I hear about (inaudible) people with this process, but if all of a sudden we throw people off Meridian City Pre -Council Meeting December 13, 2005 Page 9 of 30 and into an expectation (inaudible-----------), now compensating because now am (inaudible ----------------- ). Nary: I think part of that will be discussed as we revolve around budgets. I mean, one of the objectives each department has to do in the budget process is make that evaluation annually — what are people doing? What are they supposed to be doing? What are they really doing? Because usually they are not always the same and then making those decisions — should we be looking at reclassifying that job? Have they evolved into a different position? Is that position compensated differently? That is a different factor. You know there is a different way to make that assessment. Part of the reason why last year we changed our pay rate compensation structure was to be able to address those. We created a larger bans of jobs, so that we could push the bans up for — so, just because you are doing job "x" that evolves into a different job, it may not necessarily move out of that ban (inaudible--------). Rountree: That's factored into the (inaudible----) I mean the concept is factored into the compensation structure (inaudible ------ ----). De Weerd: Well and Charlie in developing the PADS, it had a great relationship with the job descriptions and with the strategies that were consolidated into more focused areas last year and you should see that we've entered these. Stiffer: But your question is so valid because of connectivity. You know this because you and I have talked about this. That connectivity and that's why the meaningful side of the past performance evaluation — what's that mean to me? I am an employee. What is my reward? How does that relate to it? You can set the bar, but if you don't provide the connectivity integration or synergy the guy goes wait a minute. So, the part I will get back to is what Bill said is the important thing too is when that new performance evaluation links directly with the PAD — remember when I talked about where did the values come from and the behaviors, we are already seeing managers, Bill can speak to this or Will could. If you have got behaviors that the employees took ownership in and defined and then you are now sitting down with that employee going 'whoop" that is not the behaviors that you help create within the values related to that goes on to evaluation, what is expected? In my own view is again, I said this to a few of you accountability begins at the beginning of setting expectations and so as Bill and from a financial budgeting side, the perfect thing is the PAD becomes that basis to look at evaluation related to compensate allows that opportunity and as Tammy said dynamic. As that gets fine tuned, it even actually — the foundation's (inaudible) make that be as meaningful as it possibly can and to the individual and to the success of the organization. Wardle: Well, one of the questions I have is this still a subjective process with the supervisor and employee? One of the things — and Charlie talks about job description and I can see we have had some conversations with the city in the Meridian City Pre -Council Meeting December 13, 2005 Page 10 of 30 past where some supervisors have had a lot of interaction with their employees and had done performance plans and really taken the time to do that. In our old process they had five categories to choose from — vision, you know excels and competent were the three that I remember and there is two in between and any way, my question is is that sort of behavior still going to happen or do we have that also built into the frame? Nary: I don't know if you can ever get completely away from some subjective analysis by the supervisor. But one of the things, I guess, the differences that I see that we are trying to do and I don't know if every director has done this, I think most if not all of them have. All of my folks have my PAD. They know what my expectation is that I am supposed to meet to meet yours and the Council's needs, so their PADS have a relationship for that because they know if I am supposed to carry this out and what I am being held accountable for, then there is going to be a lot of similarities in the things that their expectations to meet are going to be related to what mine are. That is not common in most organizations that] am aware of that you would share your expectations and requirements as to the department director with all of your staff. But, that way they could see the connection that exists so when they look at it and they can say oh well I am doing this because Bill is supposed to be doing that, so I understand what my role is. Does it take some of the subjectivity out of it? You know probably some because you are going to be looking at benchmarks and milestones in these PADS that are expectations to reach. Now again if things are not met because of internal, external factors, that is fine, but the purpose of this is to have a dialogue. But, at the end of the day, yes, some of — I mean, the one thing you can't get away from when you are merit based performance system like we have is somebody has to at some point be able to mark are they pass / fail. Or in some fashion could make a relationship to what compensation they then get as a merit increase. One of the things we tried to do this year is we kept it two because what happens a lot of time is when you have three people tend to pick the middle one because it's easier. But, we did give them three options on what increases they could provide for employees and we didn't find that they consistently picked the middle one for that. We gave them a range because even an outstanding employee may be plus or minus from the mean and that may give them the opportunity to sort of say well they have got some room to grow. They may be outstanding in a lot of ways, but they still have got room to get better and I need to provide that. Some are really at the top of their performance and they should be rewarded for that as well. So, we gave them that level of I guess subjectivity or flexibility in the merits themselves, but on the form you know there is a lot more specifics and now we are going to be addressing more specific things that have been put in their expectations. You know they are not going to be quite so fuzzy on these, they are going to be a lot more task driven or oriented toward their particular job functions that they have. • Meridian City Pre -Council Meeting December 13, 2005 Page 11 of 30 De Weerd: It's quarterly and you have that written document in front of it, so the employee has that quarterly interaction with their supervisor and that serves as the documentation for the annual review too, so there is no surprises. Wardle: What I heard is you given them a tool (inaudible) you know essentially three of a merit base, once you pass / fail; they have got another tool that goes beyond that that we didn't have before this year. Stiffer: And also, Shaun, that tool, the good part about it is because I like your questions that one of the things that we got feedback on when we were first working was some of the departments is this is the old thing everybody sitting in this room may say well surprises, well, we didn't know what was really expected or you talk about did they actually engage in communicating? The PAD is a tool not only to track the accountabilities related to the overall organization, it's a tool that enforces the engagement and the negotiation because the way these have been done is Tammy sat down, she sat down with everyone of her director reports, laid out what she thought to be the expectation — it was a negotiation buy in, it was like (inaudible) so there had to be an understanding of the success expectations for that and the measurements milestones related to it. We had a meeting with one of the department's this week and I was kind like I was saying to the two of them the other day, it was cool because you saw the light bulbs going on because the next level managers down are now seeing that they were shared theirs from their director. They have now gone through and now they are taking down to the next level, but what they have done is they understand that they have ownership buy in that the requirement that they have to engage with that employee, their next level, they have to manage, mentor and — it provides a tool that says no you can't avoid it. You can't avoid the discussion. You have got to have that kind of engagement discussion with them and that is one of the benefits out of the whole thing otherwise it has no other meaning. Otherwise, just a piece of paper thrown in a file some place and before if there wasn't even this, there wasn't no evaluation form, which everybody said they hated because the way it is you spent more time worrying about filling out the form than you ever did engaging with the person that you should about the kind of things related to constructive positive performance. And this is not just meant to be negative performance; it's the other side of it. We are setting the bars, so when you see, you will see a component of it, which I go through one of the examples is in leadership development. It's in the idea of setting that bar. It's in transformation or change and some of the things that they are having to do in culture. I guess that is where I get excited about it because I see the city doing things that I have private company clients are having difficulty getting to kind of putting where the rubber meets the road kind of thing and what really needs to happen. So, I'll show you one example because when you look at your — Bird: Looking this year, I see a big difference. The thing I (inaudible--------------) is because of personality and who is my favorite person and don't ever kid yourself that does happen because I have many guys working for me and I have 0 Meridian City Pre -Council Meeting December 13, 2005 Page 12 of 30 my favorites and that personality wise we hit it off. This time I have been getting monthly printouts on raises from the department and I think it has been fair. If nothing more it's overdone and it has got the favoritism out of it. There is still some I am sure we'll find, but not like it used to be. It's not what you do, it's who you (inaudible) and this program has taken care of that ninety percent. Borton: Can I ask a question? Stiffer: Sure, Joe. Borton: Does the PAD of the supervisor or a particular level, would that require (inaudible--------) have all their employees build their PADS? Stifler: Yeah. Borton: (Inaudible------) one employee then just trickle all the way up? I mean, employee didn't — doesn't fill the requirements, does that the supervisor didn't fill it because their Stifler: It's trickling down. It's trickling down and what I am saying is in the PAD it's going down. Right now we are through all the senior, all the top level directors have completed, they have been through the PAD. The next level down has gone to the next manager / supervisor. They have a responsibility, for example, you will see in the PADS, if you see Tammy's, there is times when — you guys have the description and you have the actual success expectation. The milestones are all filled out for all the people. To be honest, we didn't throw the milestones in because that is an operating management thing that's in fact compared to the Council level, the strategic side of looking at that management side. But, she has put deadlines, for example, Bill has a responsibility to have all his direct reports have to have their PADS completed by an "x" date. There is a milestone to it. So, to get to your question, you want it to get down to that level so that those PADS, even though down when it gets below a manager or supervisor, what we discussed even right now in the Police Department, we have gone from the Chief to the Lieutenants. This Friday they are having a meeting. The Sergeants are actually developing their PADS. They are going to have the PADS for the Patrol Officers, too. But, the point is that they may change a little bit in the terminology or the words. Meaning that in a leadership standpoint we want to make sure they have meaning. They will functionally be the same. They will still fit the performance review in the process, but they might change in name. It may not say, I will use an example transformation, which all the senior management might — you know it might say change. Instead of saying leadership it may say career development. It depends on — the Police they want to look at it — it will still be functionally the same. Nary: If I may follow up, too, Joe on your question. One frustration I used to have where I used to work is we would sometimes have a very poor performing 0 Meridian City Pre -Council Meeting December 13, 2005 Page 13 of 30 employee who was to be disciplined for some purpose and I was usually the one asking the question of what has your supervisor been doing? I mean, how did this person get so out of whack and nobody seemed to catch that? So, many times, well not many times, but sometimes, we would at least be able to deal with the supervisor too because they should be held accountable because they obviously let this situation get way out of line. I mean they are never very successful at getting a little further up the chain because again everyone in that is supposed to be accountable. I think this does tend to work both directions. If I have an employee who is not meeting expectations and if it is not in my direct report or somebody else's, well, I should be holding that person accountable — what does this person need? How do we get them on track? If they are not what are you doing to hold them accountable because I am going to hold you accountable for that because ultimately she is or you are as to how we are doing things. So, it is supposed to work both directions. Stifler: And I will invite you — please when you get a chance to go back to some of the ones in the individual departments, particularly, like where you are the liaison to the department. Look at, for example, what the director has actually outlined in all those areas. I am going to quickly go through one example and it's only one out. This is actually the Police Department's positioning plan — one element of it. The positioning plan is numerous — you will see it's several pages, but I just wanted to walk you through one here — focus areas real quick. One of those relates to the focus area — planning, growth, anticipation. Bill identified responsibility for himself and for Lieutenant Stowe because it related to what's going on. Here is the assumption's he made. Here is the impacts — the critical success factors that he viewed in that position plan and these started to become part of the objectives. But, later on in the PADS you will see it end up coming out as part of those milestones. Go ahead Josh. So, this positioning plan then turned in and he said okay how do I really implement it? So, he turned this into kind of okay here is the objectives that came out of that positioning sheet and for each one of those objectives it goes right across. Now, he actually has finished this up. You know kind of tied into everything going into it. So, you can kind of see — this is only one piece of his. I will tell you that you have got to understand, your leadership side and Tammy will attest to this and Will can — when we first threw this at them, I mean, I thought they were going to throw me out of the room one day and say geese Phil this is too much paper, all this stuff. Now, since they have embraced it and took hold of it because I think leadership's direction where they saw it, now it is kind of cool. They look at it as it is a road map about what they are really doing and how they take their departments in a way. Wardle: Just one of the questions I have and I am uncertain on how it flows. Is there a prioritization within the department within each of these or are they all --? Stifler: No, actually you will sometimes see the prioritization that shows up here in target milestones. It also means within even this timeframe and it may be the success definitions. So, when you get a chance to look at the whole police one, 0 0 Meridian City Pre -Council Meeting December 13, 2005 Page 14 of 30 you will see how they have outlined related to over here — you will even see a contingency thing I will use an example of police where Bill felt it was very important, I think through talking with Tammy, she gave direction. What if there is costs — what if we look at — how do we still deploy those services if we still have to look at — we cannot keep up with that. Yeah, to deploy out kind of a contingency plan of saying how do I deploy limited resources and still accomplish the mission? And you will see that in there related to have a contingency plan. So, then this is an example. Again, we only took one element. When you go to Bill's actually you are going to see quite a few in here and functional that Tammy and he sat down with —you are going to see more in strategic and in the leadership. So, if you look at it, for example, if you look at this and Tammy has assigned — every director has a responsibility with regard to that stewardship of the public trust as part of the focus area and they have got requirements is defined in what he then says what is the success expectation? And you see here even adjusting based on a patrol output, impact on CID and record workloads. Here is his milestones on that particular one and again, what Bill was saying, Bill Musser took this and sat down with the Lieutenants, showed them here is what his is, now they have got to support that going on through and now it's going on down to the sergeant's side. So, you can kind of get an idea even looking at Patrol. You guys are all aware that focus on an issue and problem solving encouraged — the job gets done. This is in transformation of looking what do we do with patrol? You guys have all known that with the city growing, so he has identified that as a major issue. Growth — you know appear as strategies, same kind of thing. So, you also have within those four columns when you see one of those PADS, you are going to see functional, strategic, leadership and transformation. We just pulled just one sample so you could kind of see how it flows. The nice thing about it and I don't want to get away from this is this is intended to ensure the dynamic side of the process and in adjusting those plans, but it also ensures the engagement that needs to be done on a quarterly basis. The people already are starting to see that they also can use it as a tool. They pull it out and they can say where do I stand? It's almost a self time mechanism. It serves that purpose. So, it's not meant to be just a tool that has one application. It needs to fit in all of this and I guess — I know you can't see this, accountability, performance and stewardship. If I look at what's this tool do? And then it ties into the whole mentoring, coaching, success you will see and Tammy's directed everyone of the directors, they have to be looking at succession planning. They have to be looking at cross -training. It can't be well we talked about it and we didn't do anything about it. So, those are in there. So, anyway. De Weerd: There is a couple of them under leadership may be personal that we took out of our profile and you have probably seen one that will shock you on that. (Inaudible discussion) s • Meridian City Pre -Council Meeting December 13, 2005 Page 15 of 30 Stifler: The leadership what Tammy said, though, is the leadership side for each one of the individuals is very directly related to what they have taken ownership in their own leadership development and things they need to do to help carry this out. So, anyway any other questions on that? De Weerd: That is the closest you will see that I have to (inaudible). Stifler: Shaun, did you have something? Wardle: Just a question and I am thinking about and I (inaudible-------------) have these conversations. The one thing that I can see within this process creates a lot of accountability within the position. The one thing that I am trying to find is how that individual — let's take somebody from the Engineering Department who may get five or six of these PADS and five of the six are related to engineering or calculations and one of those is related to leadership development. I can see that and I am just using this as an example because I know one or two engineers and I can see that those five become very high priority as opposed to leadership development, which is something that I think we have had a focus within the city. How does that not get shelved and when you have someone that is a great performer, performs those five tasks, those PADS exceptionally well doesn't really focus on leadership development bringing the director reports up? Is that built into --? Stifler: Yeah, it is. In fact, that is why if you go back over here, you see the areas of the PADS, every PAD includes functional responsibilities, strategic just as you just said. The reason that we designed it that way it includes leadership and it includes transformation change. So, it means a person can't say I am going to ignore all that leadership stuff and — (Tape turned over) Stiffer: -- important and I guess the part is that when they sit down with their boss, that is important in that prioritization in identifying and they have to look at this whole thing so they can't say oh I don't want to do anything with mentoring or coaching because I only have got time to do this. That is why even looking at the status where it is -- there is another piece, but it's really important. The other part that this does and it has happened within the directors is this goes cross functional because there is things within leadership or transformation or change where Planning and Zoning need to be coordinating — if you look at some you will see having to do what Tammy has directed, there needs to be better communication and coordination so the left hand knows what the right hand is doing. One of the things she challenged us to make sure we kind of tracked in looking as these were completed that we didn't miss any of those synergies or those integration that needed to be there. I think the department heads like that because they see that that requires that kind of communication in between the departmental line. 0 0 Meridian City Pre -Council Meeting December 13, 2005 Page 16 of 30 De Weerd: And you will probably see that next year in the budget request, you know, more detailed in (inaudible) training areas and that sort of thing. Because it will tie back to each PAD. Wardle: (Inaudible--------) perspective just personally. Seeing how a position ties to the department and achieves that success is going to be a whole lot easier to understand why it's important as opposed to we need two more people because — or this department got two more people so we need three more. It will certainly help me make a better decision at that budget level. Stiffer: Well, I can say this to you for the private sector where we used a company similar to this, that's what's been really needed. If this gets ingrained and done and then you are looking at organizational alignment or assessing how that sits, you have got a whole different data of information and due diligence to understand it. And back to your point, is exactly why I keep calling it — this is kind of the glue. I worked with too many companies over 25 years that really never — they talked about this, but they never did it. De Weerd: But, Shaun, too, one of the things that you know came out in our interviews for the communication's person is it is a new position, so you know what are my day to day — we have already developed a PAD for that position based on some of my key objectives and the department's key objectives have — all of this creates that, I don't know, fluid motion that no one department is an island that a lot of the responsibilities kind of overlap into another department and so it has blurred the lines and that has been the unique part of the process as well. Rountree: Let me understand the mechanics of the process. (Inaudilbe------------ ----------------------------- ). This example that have got functional, accountabilities (inaudible------------) you have got your teaching responsibilities and then you (inaudible-----------------) transformation responsibilities and of course expectations. When you negotiate this, (inaudible --------------------------- ). When you translate this into the performance evaluation and subjectivity (inaudible------) are these various areas — you have got four areas (inaudible-------------) and not supposed to change (inaudible---------------------), but are they waiting in such a way as getting Shaun's question (inaudible) employees (inaudible-------) really do succession (inaudible) and that was maybe not waiting as high as functional transitional (inaudible) and strategic piece. How does that come to bare in (inaudible) performance evaluation? Stiffer: My response is that we have other companies where they have been weighted already. They have been in the process. Right now today as it is in the implementation side they are not weighted other than in the — where it is identified here by the manager. They have the opportunity and the tool allows you to weight that in the communication side that it becomes identified here and 0 0 Meridian City Pre -Council Meeting December 13, 2005 Page 17 of 30 then when it comes to the performance evaluation and I didn't bring a form of that tonight that we have actually worked on — that form can allow the specifics to the PAD refers to this format here. So, today is it weighted and specifically weighted in that percentage as of today? No, it is not. Has the tool the capability to do that? But, I have to tell you, honestly as Tammy said, it's come a long ways. The leadership and everybody is it's there now — the idea is getting into this, they have taken ownership of it and you are right, it has the opportunity to give even a more formalized waiting as it goes forward. Right now it is still based on a negotiation side and even in the process, I should mention to you is that it has been really exciting because what has happened is when the — even when Tammy sat down with each of the directors and said here is kind of the elements I look at. She identified part of these and then would say to Will what do you see as a success expectation? What do you see as a — so it became that kind of ownership in that process. De Weerd: Well, you know, I guess too that tool is being developed right now, so if there is no — nothing definitive, but I would appreciate your evaluation of this and keep that because a lot of the questions are very good to lend to the further refinement of that evaluation tool. Nary: Well, and one of the things that we have made clear to the employees is this is part of your evaluation tool. I mean, this is part of it too. It isn't that we just do this every quarter and then we put it on a shelf and give you a different document. There will be a different document in addition to that, but if you are doing this then this is part of it. So, it would really be a disconnect if you had milestones and expectations in here that you weren't reaching and you are making note in that quarterly and then at the end of the day you say, but I sure like you. Yeah, you get top rate because you show up every day. Someone is going to see that whether it's the director, whether it is the Mayor, someone is going to see that and recognize that. I read every evaluation that comes through to some degree, not every word, but to some degree to make sure that it matches what they are giving somebody. If somebody has a very significant raise, I read that evaluation to see that it makes sense and vice -a -versa to make sure that it makes sense and connects. So, someone is going to see that if there is not a connection. De Weerd: Well, and you will know because it's somehow the person that is your direct report is not completing a certain thing, so there is something there and it gives you the tool to say okay what is going on in this regard. So, then that puts some accountability to that rating system as well. Wardle: One thing (inaudible---------) as opposed to (inaudible -------------- ). One thing that I can see with an organization as large as ours is that we are doing a lot of good work up top with the directors and with the managers and one thing that I would caution to say to make this successful at the ground level is to set all the expectations and we are going to weight these areas — weight them so that • 9 Meridian City Pre -Council Meeting December 13, 2005 Page 18 of 30 when that individual at the front line gets their PAD, they know exactly what it is going to take to achieve that and then that also in my opinion allows their manager or their supervisor focusing tools now that the ground (inaudible) as been set. Stifler: What I think — one of the things that I didn't mention is that one of the things as Tammy implemented this and as Bill directed kind of what we are doing, we need to have (inaudible---------) is that part of things is that what we call these level one, level two managers have gone through a performance catalyst training thing setting this stage up for mentoring and coaching over the last twelve months (inaudible) out. It gets down to the next level of those expectations when they talk about implementing and executing this. The expectations that you just said Shaun are so important, no different than those direct at us with regard to performance evaluation. You are not going to just send out the form and say here — you know, it's tied into those right now of being able to give them the training and support to see how the whole thing connects so that when they go down to sit down and Josh works for me, but there is a communication about that because you are right, that's where it breaks down. This can all break down if you don't — with the whole intent about this expectation, if you don't implement it with the setting of expectations and following it through — De Weerd: But, Phil, just to also wrap this up is as you get down to that the training that they receive — we have already seen benefits from it and we have already heard from the front line workers that there is a noticeable difference in the communication. This is even a better tool to give them to communicate with front line workers and for the front line workers to influence the success expectations on the way back up. Like I said, you know, I think it's a very dynamic tool that, yes, the PADS haven't gotten down to the front line worker yet, but they have seen all of this and they have already seen some of the benefits of the mid -management training and the coaching, mentoring that kind of aspect. Wardle: Well, and I think it's — we are getting to the point — just some implementation strategy stuff that is going to come up. I go back to one of my college professors that said first thing last. You show up and you study for the test and you will get a "C". If you show up, study the test, read the book you are going to get a "B". If you want to understand this you are going to get an "A". That was it. I am not going to tell you what I got. Stifler: I will say this. I think that all of the directors have done a good job of communicating some of those elements or issues and they are having that implementation and we have been able to support — I use that example, we had a meeting that next level down in one of the departments that were really cool because the light bulbs and how they were looking at connecting the dots, it's just neat to kind of see it happen. Okay. I am going to change — • 0 Meridian City Pre -Council Meeting December 13, 2005 Page 19 of 30 Nary: Just one more thing. That last training session that we had with the supervisors, the department heads, the senior level management. It was exactly the same thing that Phil is saying. We have many people, even the directors that went oh I get it now. I get what I sat through the other hour for. What all of the pieces, how it worked and what the intent was. But, before when they were just looking at part of it, you know, it's just like an assembly line, if all you do is turn a screw, you don't know what the car looks like on the other end. But, because they had been involved in all the parts of it, they could see the end of it and then like Phil is saying, now the next level of supervision or management that we have. They are seeing the same thing too. Now they get it. There is a connection. It wasn't — you know none of these pieces were meant to be little standard parts, I mean, it's like Charlie's question on compensation. Well, that's why we tried to change the compensation structure, so that this would fit together better so it is not one little piece at a time, but it as it evolves it becomes one cohesive unit. Borton: Who has access to who's PADS within a department? Is everyone seeing everyone else's, when it's finally finished? Nary: You know I shared my PAD with all of my employees in my department. I gave it to all of them. To me those aren't — you know the evaluation piece of it as the quarterly parts get done, those are evaluation tools so to me those are things that the employee has a privacy interest in to some degree because now they are being evaluated. What their expectations are? I don't particularly care, but I think each employee gets to make that call as it gets further down the chain. Borton: (Inaudible--------------------) Parks and Wastewater (Inaudible ----------------- ----------------------- ) . Nary: I would rather it went through the employees themselves to that rather than — De Weerd: But this is now a public document. So, everyone will this. They will see what is at the department level. (Inaudible discussion) De Weerd: Because it's a work plan basically. Borton: People say well I know what my PAD looks like, but I am curious what the guy — Stifler: It's interesting how (inaudible) restricted, but I have to tell you that when we were at the Police the other day all the lieutenant's were sharing each others Meridian City Pre -Council Meeting December 13, 2005 Page 20 of 30 De Weerd: Well, I know everyone wants to see City Council's PADS. Stiffer: Well, we haven't talked — Joe, your question — Nary: I certainly think this portion is why we put in here, the functional and those kinds of things. I don't think there is any reason that anybody couldn't share that information because, again, expectations — you know, should we be open to the public's view of that? I don't have a problem with that. It makes people crazy. We really haven't talked about whether or not — where that would fit in say a public records, type of scenario. But, certainly in a department, I don't think even in my department, even though we have distinct little pieces in our department. You know I am hopeful that most of the people will have the same attitude as the lieutenant's do. It's not a secret. Not a big deal. We all are expected to — we are a team. Now because we are so reliant on each other to get to the end, it makes a lot more sense. Stifler: Well, I guess that is why (inaudible) question, I have to tell you that — De Weerd: Well, see, because mine was a secret. Stiffer: We have already seen in some of the departments that they are utilizing this. Keith knows this even out at wastewater. By this discussion and sharing it's enhancing the team side of the support that the individual says what's the team accountability, what's the self accountability? I tell you that that's where the rubber meets the road, too, that all of sudden if you take this and those people are sharing and understand they are on a common ground in the direction they are going, it's cool. So, we are already seeing that from a team side in different areas. Okay, I am going to skip ahead. If you actually go back to the front of your book, actually right after that accountability it's marked page three and it says director's input to leadership alignment. Kind of in the discussion of the alignment when I had a chance to talk with each of you individually, we had actually gone and we said okay, here is this whole process here to kind of be able to fill the Council in a little bit on where the meat is related to that as a foundation going forward. The next chart kind of a simplified chart there as maybe you can see it, page three on the very front. It's in this book right here, Tammy. Just implicitly looking at it from the standpoint of the city, obviously, you as Councilmen, we look at Council, Mayor and having to do and looking up weird policy budget setting under state statutes, you know looking at what is this? Then we look over here at operations with regards to Tammy's responsibility with regard to the Mayor and the Directors and I didn't continue that on down, but if you still look at that in the practicality as it is that is kind of saying well where do those align? How does this tie into this whole other thing I was talking about, execution and implementation? The next chart that Josh has there is if you look at it related to excellence, this is where I kind of say that we talked about vision, mission and values and we talked about what was going on and the whole strategic execution side. You have got Council, Mayor and Directors, in my view 0 Meridian City Pre -Council Meeting December 13, 2005 Page 21 of 30 is how do you align those so everybody is on a common ground? Do you still have the direction and the ultimate public responsibility of providing that direction, but it gets down to the idea of how do you make sure there is alignment and I guess one of the things you might say is there good communication? So, what we did at Tammy's request we had talked at the directors and that is why on page three, we have summarized and some of the things I shared with you a little bit are what are some of the issues, I say issues, positive, potential, constructive opportunities for enhancing a little bit that communication. I also had a chance to talk with Keith and Charlie and Shaun and actually with Christine and I talked to Joe today a little bit about what do you guys see as some of those opportunities? So, what I would like to do is just go down this list a little bit of discussion and talk about that going forward to the idea well what could be some improvements in some areas? I am going to use — I say improvements or potential for common understanding what's expected as a consistency? What kind of information do we want? What kind of information do we want to make sure that we receive knowing there is no surprises? We could kind of go through those lists? But, if we can't, just on page three, this is kind of what came back as a summary from all the directors: forum for open two-way dialogue and communication. In that subject area when we asked them for responses, they talked about regular engagements, meetings with liaison. What they meant by that was they didn't say that wanted to schedule, they just wanted to make sure that they were communicating on the right basis with their particular liaison. They understood that each one of you may have a little different of how you want, whether it's email, telephone call, but they wanted to make sure that they establish what that dialogue is that is acceptable. I use Charlie as an example. Charlie said to me and I am looking at him as the liaison to Public Works, my sense is when I talk to Brad, you guys have got a very solid, good understanding of how that — I think there is a strong comfort zone there. I think that sometimes leadership is sometimes a little bit — sometimes concerned, they don't want to offend or they want to do it, but I think it includes a little proactive engagement. Are we communicating the right way and what is actually happening? So, I think that I would just say that as that liaison they were just saying that they want to make sure that the communication that they are doing with you, is what you expect or what you see and to make sure can it be improved? They would like to see that happen. Rountree: (Inaudible---------------------------------------------) and say I will be there if can and every week I wasn't there because (inaudible-------------------) talking on the phone (inaudible-------------), exchanging emails (inaudible ------------ ). De Weerd: And that is what it's all about, finding that (inaudible------). Rountree: (Inaudible ---------------------------------------------------- ). Meridian City Pre -Council Meeting December 13, 2005 Page 22 of 30 De Weerd: Well and they too need to realize you don't have to come to them, they can go to your place of work and so if that works better for you then they are willing to do that too. It's just finding however it best works. Bird: I think that (inaudible---------------) little memo (inaudible ---------------------- ). This is a small dollar amount so they put it on the consent because the Council doesn't really care. When I seen that (inaudible------) one Councilman with his department make sure that he knows where every (inaudible --------------------------- ----------------------- ). They expect — they want us why they are getting this (inaudible------------------- ) . Nary: Well and I think sometimes, too, and maybe that was not a very good choice of words, Keith, whoever wrote that, but I don't know sometimes and that's because everyone of the directors has a different relationship with every one of you and Joe being a new person it is going to be establish a relationship with all the directors as well. They recognize you are busy. They know that you all have jobs and are busy and have wives and this is not a full time job for you. So, they know — they understand that. But, everything you do, everything you think, everything you say makes a difference. It matters because whether it's good or bad, it matters. So, the directors, you know I think everyone of the directors — I am not speaking for them, but everyone of them that I have worked with, what they are trying to do is make sure they are aligned with you. That they are on the same page and they recognize maybe not on every single thing that even the four of you will agree on and that is okay. They still generally want to be aligned with what your needs are. Part of the purpose of those liaison relationship is to foster that. And, again, it is finding that. I mean, you know, finding what is important and what you really want to hear every detail about. What (inaudible--------) you want to just have a heads up about. How you want that communicated to you, that's what Charlie said, that is kind of a dance that they all have, but I think when the question was asked in having this today, that is something I think they all wanted you folks to know — it isn't because they — and again, like I say, maybe it was a poor choice of words, I don't know if they think you don't care, but they want to make sure that what you do care about, that you really passionately are interested and concerned with because it may not be in everything, but those that are, they know what it is and they want to make sure they are meeting your expectations. Bird: I tell you, Bill, on accountability in the Council point, one I first come on — the first two years I was on, and we weren't accountable. I hate to say it, but the last six years we have depended too much on other people to do our thinking for us. We gave up a lot of stuff and I personally — go back to like it was the first few years, I didn't know where (inaudible------) goes. What it was spent for and why it was spent. I am going to be accountable for the public (inaudible------). It's like ordinances and stuff, we used to — the first two years I was on the board, we never passed an ordinance without having a workshop on it. We have passed some ordinances, right now, that I am ashamed to say I voted for that affects our • • Meridian City Pre -Council Meeting December 13, 2005 Page 23 of 30 whole community. Well, I know I have made mistakes, but I will guarantee you, starting now — I am through — I will make mistakes, don't get me wrong, but they will be an honest mistake for trying. For six years I had another job (inaudible--) and thank God for that lady that covered me a lot, but we can all do all our jobs, we all were elected to. If we couldn't do it, we shouldn't have been elected. Nary: I don't know if I disagree, Keith. I recognize that accountability that all of you have to what your job is. I don't disagree with what you are saying, but you also and I guess I don't want you to take the point and I don't think it's what you need, Keith, but I don't think you want to take it in point that what you believe your role is because you don't trust that the people that you hired to do their jobs aren't doing their jobs. Bird: I didn't say that. Nary: I know and that is what I am saying. I am not saying you did. What I am saying is that is what we are talking about align is that you should have the trust and the confidence — not that you can't look at every penny, but also the comfort to know that the directors that are carrying out and the Mayor and the folks that are carrying out those budgets and policies and all of those things are all on the same page as you folks are. You could look at every penny. That is not a problem, but then you should have a comfort level that we are all pushing (inaudible) — Bird: We are asking everybody to be accountable in the city, but ourselves. And this is just my own thinking. These people might not think the same thing, but the last few years we haven't been accountable to the degree that we should have. Each one needs to sit down, look at the State's statute for Council and look at it and sit down and read the City of Meridian ordinance. And do it. We have put stuff off and we have stuck our directors' necks out on the chopping block by doing that at times. (Inaudible ------------ ). That is my (inaudible ---------). Stiffer: Let me make my — De Weerd: Do you promise that's it? Stiffer: I think there is a comment there related to — when Keith first brought that up having to do with communication and understanding and it has to do with trust and credibility and it has to do with accountability. I will share with you as I look at — you can read this comments, I cannot read them all to you. I am going to kind of bring out some points out of it is I think there is a distinct desire on the part of all the leadership you have with the city, they want to have a common ground of understanding, trust and credibility and it's kind of a two-way side. When Keith says to it, with regard to the idea of making sure that Council and everything is meeting their accountability too, it gets down to making sure that the information and those things are there particularly with regard to decisions Meridian City Pre -Council Meeting December 13, 2005 Page 24 of 30 and things that are being made, that you — trust and credibility comes about that you know you have got the information that's there. That even has to do with focuses regarding some items and I know I talked to a few of the Council members here that I would say that has to do with making sure that you are not being bogged down in a bunch of other things and not having a chance to really look at those issues that are very much at that Council level and I will say from direction — I mean, some of the people voiced to me here — because they kind of all tie together, you know, there is a lot of time and the city has been growing very rapidly. A lot of time spent on land use issues. Somebody says (inaudible-- ------) — some of those are just by nature of the growth and things, but on the other hand I got input from you and even I got input from the leadership when we started talking about can we make sure that the executive (inaudible) type of recommendations and facts are presented to the Council. So, the Council sees that bigger picture so you can allow management to do what they are responsible and accountable for, but yet you could feel comfortable in the mindset of that trust that is there. I think that is — go ahead Shaun. Wardle: Well and one of the things that Bill and I talked about and I have expressed my opinion in the past and that is that I view the role that we have as first and foremost the Board of Directors for the city and we have all those judiciary responsibilities. One of the comments that I just want to address and I have heard it from staff members a million times and having been president, having a lot of requests and that is additional meetings to discuss the city business. Additional meetings to discuss what I feel is important to the city and in trying to schedule a noon meeting or a 4:30 meeting or something where directors want to have, want to present information. I understand their need to present information to the City Council, but a lot of these issues I think our public would be interested. A lot of them are policy decisions and I don't think that we need to push on — we need to look at what we are doing with our meetings. We need to have input, but I think a lot of times, staff members don't want to be bogged down in the middle of a four hour land use planning meeting. De Weerd: Yeah, because they don't want thirty people standing and looking at their backs saying when is my time to testify? I don't care what you are saying. Wardle: And while I understand that, I think that that is more important for us as a city to elevate those issues. I think we need to elevate the issue and not try to push it around something else. I think we have the ability to put it right out in front and say you know what, that finance report is going to take an hour or a half hour — the auditor report. Let's get it right out in front. It's important enough that we can push off the next housing project that is going to take four hours for us to look at and let's get front and center with these sorts of department reports. De Weerd: Well, would a Council consider maybe the — I think when Charlie, when we were Council members that there was one Tuesday that was a workshop for non -land use issues and if we did like the third Tuesday of the Meridian City Pre -Council Meeting December 13, 2005 Page 25 of 30 month, no land use issues on that agenda that it's all ordinances, it's issues that the departments would like to put in front of you. Because what they want to do is they want to keep the big vision. They don't want to waste your time by giving you mundane, annual monthly reports. They want to give you the crucial presentations that are facing them and get some dialogue going, but they are also sensitive to the public who are not there to hear that. They are there for a land use item and they feel that they can't have the same kind of dialogue with you because they are trying to value the time of the people behind them that are, no doubt, not there for their item. If we make one meeting a non -land use — if the public is there they are there to hear that and then that gives at least the staff better confidence that I am not wasting these people's time. They want to hear it too. Wardle: My comment to that is that I am open to any suggestion, but my first comment is the fact that what I just heard is even the staff doesn't feel that whatever their issue elevates above whatever the land use plan is. I think that is a cultural change that we have got to make. Stifler: So, what you are saying is — they want know where that alignment is, so that they are addressing those issues and being able to have that form and the form to do that that is meaningful and is consistent with how you look at it from an alignment and I will say this and I mentioned to Charlie and I talked about this, they are not any more interested in taking your time and having a workshop just to read the stuff that you get in information — you know just to go through that, it's more related at more topics or issues that are part of you as a Board of Directors helping to provide direction in that kind of a way and I will tell you what other Council's that I worked with, they utilize the workshop in a public forum and the right way is kind of — the mentioned could we (inaudible) — and it's like Charlie when you and I talked, they said they don't want it to have the Police Department is going to give a report of and you have already heard it. They want to talk about topics or issues that are related to the alignment of the city and direction going forward where all the department heads are all part of that and use it in that kind of a form and I will have to admit that even some of the training that we have been involved in, we are trying to tell them, don't have a meeting just to have a meeting. What is the agenda for the meeting? What is that topic? What would we like to see out of that? Because part of this thing we are talking about right now is enhancing that communication opportunity so they do know how does that elevate, so that is as important with regard to the — you know, so there is a common ground of understanding there. Bird: Can I say one more thing? I see where Shaun is coming from. Tammy you know it would be great if we have one with no land use, but I can tell you right now that some developer is going to come in here (inaudible) that wants to have something on it — it would be the same as I would or Shaun would or Joe or Charlie. Maybe we need to sit down, the five of us need to sit down and figure out if we could make it — start at 6:00 and have these reports from 6:00 to 7:30 or Meridian City Pre -Council Meeting December 13, 2005 Page 26 of 30 8:00 and then have our public hearings. I will tell you and I can't speak for Charlie, but I am not going to no 1:00 or 2:00 in the morning. I did that the first two years and I am not doing it again. Nary: And that is why Keith you know to be fair to directors, I mean, they know your guys' time is pretty valuable and think of it this way, we can have a very nice conversation around this table tonight. If there was 300 people waiting for the next thing at 7:00 sitting in these chairs, we would really feel the necessity to kind of hung up. Wrap it up, yeah. We have got all these people waiting because it's just human nature. I mean there is just no way around it. So, whether it's starting the meeting early and setting the public hearing at a specific time, so they show up and they really want to be there is one method. You know, we had two meetings when I first got on the Council. One was no land use and one was a workshop and it does push things out. I mean, look at how many projects you have. You know the other side on your folks' perspective, would it be nice to have one week that you didn't have to wrap your mind around CU's, AZ's, PP's and talk about something else? I mean, if you came to our meetings for a year, you'd think we didn't do a whole lot of anything else because that is what it seems like. There is a whole lot more business of the city that you are aware of that maybe don't have enough information on (inaudible) because we just can't get to it in a forum that is very good for a dialogue or a conversation and we never know what it is going to be. You know we all look at those agendas and think okay this one might be easy and all of sudden you show up and there is 50 people and you wonder where they come from? You just never know, so maybe pre -planning that, whether it's the earlier meeting or one meeting a month — Bird: If we start early and just go an hour and one half in a month that is six hours. That is longer than a workshop. So, I would well we just need to (inaudible) those things. Nary: Sure. Bird: And work this out. I don't want to lose — we are now, in my mind the best city to get a development or building through and I want to keep it that way. Our employees have worked their hearts out to get us the best they are and I don't want to lose that by not — if they need a land use every meeting, I for one am for giving it, the land use in every meeting if I have to. But, I think we can work around as Shaun said, this other way. De Weerd: Well, you can get your feedback from Shaun. Rountree: (Inaudible---------------------------------) final plats and all. Okay, one meeting every quarter or one meeting every other month or whatever — you just do that stuff and then we have a workshop (inaudible----------) on strategic and (inaudible-----------------) that folks want to hear or they want (inaudible----------) or • 0 Meridian City Pre -Council Meeting December 13, 2005 Page 27 of 30 hear from the Council or they want to (inaudible) with the Council some issues facing the city (inaudible ---------------- ). Stiffer: They want to have that two-way communication and I will even go a little bit with what Shaun said, Charlie, is that I think some of the leadership would like to elevate someone's other discussion so there is a better dialogue, like in that forum or how it may be. Wardle: I can tell you from (inaudible---------) that this is just (inaudible) an elected official and I am virtually not a politician, but I can tell you that if someone comes to one of our meetings, they are going to make a choice whether to elect me or not based on my vote on one land issue regardless about how fiscally responsible I am with the city. While that may be a political reality, I still don't think that we have to elevate that one decision based on that my backyard syndrome and elevate it above the rest of what we do for the city. We can't do that. We have got to keep the bigger picture in mind. We do that with the comp plan and all that, but we can't elevate one single land use project above everything else. Rountree: (Inaudible----------------------) and in fairness to the public (inaudible ----- ------------ ). Wardle: Well, I understand. Bird: You know why? Because we run a good city and the city knows we run a good city because we run (inaudible --------- ). Rountree: But they are not interested in that kind of dialogue. (Inaudible----------- -------------------) Council in a public open format and advertise such on occasion. I am not saying we have to do it every month, or every week, but to me it's time management (inaudible--------------) with that sense that (inaudible------------------) get the sense that this is okay, but I know that (inaudible----------) and I can look at the audience and the Cub Scouts and the high school students and the Simpson's in there for one public hearing (inaudible------------) about what is happening (inaudible --------- ). De Weerd: Yeah because it is not interesting, you see their eyes roll to the back of their head and they are waiting to see the plat up on the screen — Rountree: (inaudible -------------------- ). Nary: The thing with it, too, is I think all of you really know the directors want to be able to have a conversation with you and many times there are things that really need to be done in a public meeting, but you can't have a conversation when there is a room full of people, boy scouts, girl scouts, everybody else waiting there for other things. It is just not conducive to that. I mean, I agree with • ! Meridian City Pre -Council Meeting December 13, 2005 Page 28 of 30 you Shaun, I mean, it would be much nicer to be able to say, you know folks we have a lot of business in the city besides your one project. This is what we are doing. But, the reality sometimes is is that it just — it would be easier if we just had it whether it's once a month, whether it's one meeting we could schedule out ahead of time so that, you know, you guys can have a dialogue, whether it's about we have had a lot of projects like this and you folks haven't liked that, we need to have some idea for direction. It's hard to do with a room full of people. Wardle: And here, although, we didn't get to our PADS, I guess my commitment to the Council would be this: first off, realistically, if we start pushing out meetings and not having land use, we are going to get stacked up and we are going to be here until 1:00 in the morning and that is unacceptable to me and my family on a regular basis. I will commit to taking a look at how we can — whether it's starting at 6:00 and only doing business from 6:00 to 7:00 and then having public hearings — I think Nampa does it that way. Or utilizing consent agenda on a more frequent basis. I mean, I will take a look and bring some of those ideas back if you are willing to give me some input on what you think would be more efficient. I agree we need some changes. I hear the staff saying we want to talk to you and I also hear the other (inaudible) from the rest of the citizens. Rountree: Well, (inaudible --------------------- ). They have some things that they want to talk to us and once that gets cleared, they have — Stiffer: Can I give a quick example? One of the directors made the comment, you know it's kind of like saying I would really like to share and have a better dialogue before the Council (inaudible------) where we are going with this, but it seems like and he wasn't being factious, it seems like we spend more time on whether we are going to move a fence someplace and we never get a chance to have that board strategic kind of things and honestly the part is is that when I think talk to you and I talk to them, it's not that far apart. Everybody is saying maybe at this stage, now is a good time to look at those processes. Even when we talked about the executive summaries, kind of like looking at when you present something, can you — you know, I think saw a little bit of it last Council meeting related to one of the projects that came in, where Anna came in. You had some suggestions, Charlie, you said well if she had included a map along with the other side of it — what I think the whole part intent of this meeting the cities at the stage where it is, you saw it kind of over here, but if you really are going to effectively as a board, you have to have time where you have that input under your accountability to give more of that strategic direction and find a format, they don't want to sit there either and they are saying they are open to whatever format can fit for you guys and they respect that. I guess that was — one of the things I want to make sure that they said to me and I know that we are running short on time is they said I wrote quote leadership appreciates the support that the Council wants and they want to continue that by making sure they get a chance to talk about those other issues. I mean, what I am saying is they were all saying we appreciate what the Council is doing. At the same token • Meridian City Pre -Council Meeting December 13, 2005 Page 29 of 30 they want to make sure efficiency and productivity again, how do you look at some of those processes often met with working with other Councils. Josh, we have worked with — some of the paperwork that goes on needs to be said how can it be streamlined? It's still accomplishing the accountability. Wardle: One of the suggestions that I would make be included in each director and some directors better than others, but they could all get a little better in that as public presentation skills and that will help them not only present better to us as a board, but it will help them present when they need to go talk to the Kiwanis Club, to the Boys and Girls Club. It will help immensely. Stifler: It's right in their leadership standpoint on — (Inaudible discussion) Nary: Before we break up, I did want to say one more thing, too and I want to thank the Council for supporting what we have done and supporting the relationship we have had with AspireOn. I don't think I presented to you very well in the summer, why this continuing relationship was important to the city and why it was worth the money to fund this continuing process because it has been a good mix between what we have been trying to accomplish and the work that AspireOn has helped us to do. So, I appreciate all of you supporting that, funding that and allowing that to continue. As I did try to explain when we were talking about this, just starting the new — if we were only talking about training. That is a whole lot different than what we are talking about here. I think I probably came across like we were really talking about training and you can go get different training, but what we really want is that and what we really enjoyed is building that relationship that progresses further down the road each step of the way and I appreciate the Council for supporting that and seeing some of that vision and as you have seen now there has been a whole lot of work that has gone on that maybe you hadn't been aware of (inaudible --------- ). De Weerd: Do I have a motion to adjourn? Bird: So moved. Rountree: Second. De Weerd: It's been moved and seconded to adjourn Pre -Council meeting. All in favor? THREE AYES. ONE ABSENT. MOTION CARRIED. (TAPE ON FILE OF THESE PROCEEDINGS) 0 Meridian City Pre -Council Meeting December 13, 2005 Page 30 of 30 MEETING ADJOURNED AT 6:40 P.M. APPROVED: ATTESTE 0 j/j/p6 DATE APPROVED WILLIAM G. BERG, JR., � 694o9t �e Cd -61 i'c.,, 0 jj u, ---171?m oV ::>', CITY 01- C416 F6g �0 IDAHO 2 FC 993 PRE -COUNCIL MEETING AGENDA Tuesday, December 13, 2005 at 5:00 p.m. Meridian Police Station 1401 East Watertower, Meridian, Idaho "Although the City of Meridian no longer requires swom testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Engaging with AspireOn: (90 minutest * Approximate allowable time set for agenda item may change depending on the discussion. Please us the designated minutes as a guideline only. Meridian City Council Pre -Council Meeting Agenda — December 13, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andfor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX COATION REPORT ** AS OF DEC 09 '* 42 PAGE,01 CITY OF MERIDIAN 01 DATE TIME TO/FROM MODE MIN/SEC PGS CMDtt STATUS 12/09 1529 3886924 EC—S 00'39" 002 186 OK 02 12/09 1530 P—AND—Z EC—S 00'39" 002 186 OK 03 12/09 15:31 ALL AMERICAN INS EC—S 00'38" 002 186 OK 04 12/09 15:32 FIRE DEPT EC—S 00'39" 002 186 OK 05 12/09 1534 SERVER G3—S 00'47" 002 186 OK 06 12/09 1535 ADA CTY DEVELMT EC—S 00'39" 002 186 OK 07 12/09 1536 2088885052 EC—S 00'39" 002 186 OK 08 12/09 1537 LAKEVIEW GOLFCOU G3—S 01'13" 002 1% OK 09 12/09 15:39 IDAHO ATHLETIC C EC—S 00'38" 002 186 OK 10 12/09 1540 ID PRESS TRIBUNE EC—S 00'39" 002 186 OK 11 _ 12/09 1542 2088866701 EC—S 00'38" 002 166 OK r�! tu.�MO tY Ls a�ad� • 7 PRE -COUNCIL MEETING AGENDA Tuesday, December 13, 2005 at 5:0o p.m. Meridian Police Station 1401 East Watertower, Meridians Idaho "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Coundl are expected to be truthful and honest to best of the abr7lty of the presenter" 1 • Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bind — Mayor Tammy de Weerd 2• Adoption of the Agenda: 3. Engaging with Aspireon: (80 tante) Approximate allowable time set for agenda item may change depend on the dlscusslon. Please us the designated minute$ as a guidelline only. Merldlan JA materials Couno ap p ir meetindl g shall bar 13, 2005 Page 1 of 1 Anyone desiring accernmadation for dWft tt w related Property of the Cly of Meridian. please contact the City Clerk's office at 9864433 at least 48 hours p o to q� public hearing, 1. 2. 3. 4. 5. �a�f �Db i) c, CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 13, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho `Although the City of Meridian no longer requires swom 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 Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd Pledge of Allegiance: Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center: Adoption of the Agenda: Consent Agenda: A. Approve Minutes of November 15, 2005 City Council Regular Meeting: B. Approve Minutes of November 22, 2005 City Council Regular Meeting: C. Resolution No. Declaring the Intent of the City of Meridian to Offer for .Exchange Certain Real Property Located at 55 East Broadway Avenue in the City of Meridian Legally Described as Lot 20 of Block 1 of the Meridian Townsite; Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Exchange: D. Approve Adult Business License Renewal for Paul McLeod / Valley Video at 433 N. Main Street: Meridian City Council Meeting Agenda — December 13, 2005 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Approve Pawnbroker's License Renewal for Terry Stewart / Benny's Pawn at 451 N. Main Street: F. Approve Pawnbroker's License Renewal for Paul Watson / Meridian Coin & Pawn at 1550 N. Main Street: G. Well No. 20 B Power Easement for Idaho Power Company: H. Streetlight Agreement for Settlement Bridge No. 3 by Capital Development: I. Change Order No. 1 for the WWTP Standby Power System Procurement with Western States Equipment Corporation: J. Hook-up to City Services Agreement for Edward and Loretta Sweet — Outside City Limits (2640 North Meridian Road): K. Agreement for Professional Services for Meridian Wastewater Treatment Plant MCC 4 Replacement with DC Engineering, Inc.. L. Development Agreement: AZ 05-026 Request for Annexation and Zoning of 15.32 acres from RUT to R-8 zone for Hollybrook Subdivision by Hollybrook, LLC — 3265 North Curt Drive and 540 East Ustick Road: M. Change Order No. 1 for Ustick Road Widening with W.H. Moore Company: N. Change Order No. 1 for WWTP Standby Power Building with Challenger Companies: O. Approve City Custodial Services Agreement with Western Building Maintenance: 6. Department Reports: A. Planning Department — Anna Canning 1. Application Fee Refund for Durango Springs Subdivision: 7. Items Moved from Consent Agenda: Meridian City Council Meeting Agenda — December 13, 2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 0 8. MI 05-014 Request to terminate a Development Agreement for Casper Management by Casper Management, LLC — 7.32 acres south of Overland Road and west of Meridian Road: 9. FP 05-070 Request for a Final Plat approval of 47 building lots and 5 common area lots on 10.29 acres in a R-8 zone for Larkspur Subdivision No. 2 by Larkspur, LLC — 200 and 205 East Rosalyn Court: 10. FP 05-072 Request for Final Plat approval for 4 single-family residential building lots and 1 common area lot on 1.05 acres in a R-15 zone for Sommersbv Cove Subdivision by Liberty Partners, Inc. — northeast corner of West Pine and North Ten Mile Road: 11. FP 05-071 Request for Final Plat approval for 5 single-family residential building lots and 1 common area lot on .93 acre in a R-15 zone for Sommersbv Subdivision No. 1 by Liberty Partners, Inc. — northeast corner of West Pine and North Ten Mile Road: 12. 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: 13. Public Hearing: AZ 05-043 Request for Annexation and Zoning of 11.7 acres from RUT to R-4 zone for Sunstone Subdivision by Benchmark Construction —1155 and 1123 North Black Cat Road: 14. Public Hearing: PP 05-045 Request for Preliminary Plat approval for 23 single-family residential building lots and 3 common area lots on 11.17 acres in a proposed R-4 zone for Sunstone Subdivision by Benchmark Construction —1155 and 1123 North Black Cat Road: 15. Public Hearing: VAR 05-019 Request for a Variance for cul-de-sac length to exceed the maximum length of 450 feet to the proposed 630 feet for Sunstone Subdivision by Benchmark Construction — 1155 and 1123 North Black Cat Road: 16. Public Hearing: AZ 05-048 Request for Annexation and Zoning of 14.81 acres from RUT to R-4 zone for McGee Property by Martin Artis — 3086 South Mesa Way and 1252 East Victory Road: 17. Pubic Hearing: AZ 05-049 Request for Annexation and Zoning of 5.15 acres from RUT to R-4 zone for Carrington Property by Mark & Karen Carrington — 2955 South Locust Grove Road: 18. Ordinance No. AZ 05-026 Request for Annexation and Zoning of 15.32 acres from RUT to R-8 zone for Meridian City Council Meeting Agenda — December 13, 2005 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. Hollvbrook Subdivision by Hollybrook, LLC — 3265 North Curt Drive and 540 East Ustick Road: 19. Executive Session per Idaho State Code 67-2345 (1) (fl: Meridian City Council Meeting Agenda — December 13, 2005 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. • December 9, 2005 MERIDIAN CITY COUNCIL MEETING December 13,2W5 APPLICANT ITEM NO. 3 REQUEST Engaging with AspireOn 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. CITY OF 10 IDAHO Council Workshop Alignment for Organizational Excellence December 13, 2005 Presented by: Aspire. Agenda Alignment for Organizational Excellence Ongoing Strategic Positioning for the City ■ Vision — Mission — Values ■ Strategic Focus Areas & Initiatives ■ Dynamic Accountability System (Optimizing Efficiency and Productivity) Director's Input to Leadership Alignment Alignment/Reinforcement/Follow-through ■ Council Relationships ■ Roles & Responsibilities ■ Trust & Credibility "Leadership is not a solo act, but rather a team sport." Vision ~ Mission ~ Values Vision: Promote a safe and vibrant community by implementing the principles and policies of the comprehensive plan. The mayor and council will provide effective and responsible leadership, positive staff development, maximize available resources, and improve connectivity to our community. As a caring city we are committed to fiscal responsibility, public involvement, strategic partnerships and economic vitality. Mission: Meridian is a vibrant and caring community that promotes itself as a premier place to live, work, and raise a family. Values: CARE — We provide our best for the community we serve. We will provide quality service to our customers and positive development of our staff that promotes and expects accountability, respect and excellence. • Customer Service We will respond to customers in a genuine, positive, and timely manner. Interactions will be solution -oriented, where staff meets and exceeds expectations by listening to customers and following through on their concerns. ■ Timeliness — Respond to requests in a timely manner. ■ Smile — Smile and present an open, polite, and approachable persona. ■ Composure — Maintain composure under difficult circumstances. ■ Information — Share information regarding the customer's concern. ■ Honesty — Be honest regarding what you can do in accordance with City guidelines ■ Listening — Listen patiently and then summarize your conversation to make sure you fully understand the concern. ■ Solutions — If you cannot assist the customer, advise them who will address their concern, and route the concern to the appropriate person. ■ Follow-up — Follow-up with customers. • Accountability We understand our role in the organizational team, know our jobs, and accept that each of us is responsible for our own work, choices, and actions. ■ Accept responsibility for your actions ■ Actively participate as a team member o Assistance — Assist co-workers when appropriate o Collaboration — Collaborate with others to achieve common goals o Mentoring — Be a positive mentor to those who have less experience — share your knowledge ■ Enjoy your job and do it well o Legal/Ethical — Make legal and ethical decisions consistent with City guidelines, rules, policies, and procedures. o Update — Provide accurate and current information regarding: work progress and deadlines, expectations and priorities, and accomplishments. o Education — Develop personal knowledge through continued training and education on current trends and practices. Provide these opportunities to your staff as appropriate. o Order — Maintain workplace and/or city property in working order. o Reporting — Promptly report supply needs, defective or malfunctioning equipment, and/or damage to City property. o Accept — Accept challenging new tasks. o Attitude — Bring a positive attitude to work. • Respect We will be trustworthy and courteous. We honor and accept people with diverse opinions and backgrounds. ■ Treat people as you would want to be treated. o Acknowledgment — Acknowledge another's presence even if you can't help them right then. o Fairness — Treat all customers and co-workers fairly and equally. o Politeness — Speak politely and listen to what that person has to say. o Communicate — Communicate with enthusiasm, empathy, and patience. o Gossip — Respect people's privacy — do not gossip or pass information of a confidential nature. ■ Respect City policies by understanding and taking ownership in those policies. • Excellence We will be professional beyond the parameters of our job while being creative, innovative, flexible and adaptable to community needs. ■ Demonstrate ability to be creative, innovative, and flexible. o Creativity — Think outside the box to solve problems o Challenge — Meet new challenges and be open to change o Initiative — Take initiative to start and/or recommend projects o Improvement — Increase efficiency as well as effectiveness by looking for ways to improve processes. o Feedback — Provide feedback regarding proposed changes. o Adapt — Make personal adjustments to accommodate changes in your work environment ■ Acknowledge exemplary behavior and performance • 0 City -Wide Strategic Focus Areas & Initiatives: Work together as City Departments with the common goal of guiding growth, providing city services within available resources, organizational excellence, and stewardship of the public trust. e Planning For Community Growth Initiatives: o Meet the current demands for services, while anticipating additions and changes. o Follow-up with appropriate programs, policies, ordinances, and resolution to meet those demands. e Providing City Services With Available Resources Initiatives: o Be responsive, innovative and opportunistic in planning for growth, improving response times, coverage, and ways of doing business. o Find alternative funding sources and operational efficiencies. e Organizational Excellence Initiatives: o Enhance employee skills through training, coaching and mentoring. Positive reinforcement of job performance will result in a work environment that makes employees stakeholders in the success of the City. o Use information technology to enhance staff's ability to respond efficiently and effectively. o Promote the mission and demonstrate City values at all times. Demonstrate our commitment to our cone values through our actions. e Stewardship of the Public Trust Initiatives: o Participate in public involvement, outreach, and collaborative partnerships to improve the trust, support, and confidence of our community in our stewardship. o Demonstrate financial responsibility. Regularly evaluate fee assessments and monetary oversight processes to maintain fiscal solvency. o Develop a system for providing consistent, understandable, accurate, and complete information regarding city records and access to city information. 0 - 6 Departmental Positioning Initiatives Consistent with the City's Vision - Mission - Values - Focus Areas Mayor's Office • Communication — internal & external • Leadership execution • Strategy execution • Financial planning (forward thinking) • Quality job opportunities • Youth engagement & collaboration • Treasure Valley Leadership City Attorney/HR/IT • Provide timely and responsive support to internal and external customers • Create new and innovative methods of efficiency with minimal fiscal impact • Continue to establish stronger working relationships with the internal customers, which will relate to external customer service • Progressively anticipate the various needs of internal and external customers to best address issue before they arise. • Planning for future growth and expansion within the department to meet the needs of the City. City Clerk • Increase access to information • Vehicletmechanism to get information Relationships with other departments • Relationships with other agencies • Process/preparation of information Finance • Implement a results based City Purchasing function • Develop a long term organizational alignment plan • Implement and update Capital Improvement Plan • Develop operating cost projection to accompany Capital Improvement Plan Fire • Maintain and enhance current service levels • Implement Advanced Life Support (ALS) into the Fire Department • Improvements in training programs • Provide coordination and innovative public education programs • Improve departmental communications • Growth anticipation • Review non -patrol staffing needs • Establish a contingency plan for limited to no staffing increase • Track alternative funding • Initiate coaching for all personnel • Provide mechanisms to help ensure fiscal accountability • Ensure open communication with public, other agencies, and other departments Parks & Recreation • Build a community center • Acquisition of open space • Maintaining developed parks • Developing park land • Recreation program expansion • Community pathway development and maintenance Public Works • Water & sewer master planning & implementation to accommodate growth • Develop & implement premier building permit process • Enhance & protect water quality & quantity • Public education, outreach, & information • Regional leadership & involvement • Departmental excellence Planning • Prepare planning studies to address critical growth areas and opportunities. • Provide tools and studies for Old Town area • Coordinate transportation issues both internally and externally • Work toward e -government of planning functions • Improve zoning implementation consistency and processes • Develop a multi-year training plan 0 Dynamic Accountability System Objectives/Capabilities Overview: Position Accountability Definition Tool 1. A tool synthesizing strategic initiatives/imperatives into executable accountabilities 2. An instrument for achieving clarity and increased ownership of expectations, roles and responsibilities for positive execution, accountability, and results 3. A foundation for obtaining commitment to realities of transformation and/or change (inclusive of culture) 4. A tool and process for facilitating and prompting accountability engagements 5. Integration imperative for achieving results (individual, team, departmental, and organizational) 6. Leadership focus commonality and commitment/ownership 7. Process/tool which necessitates and focuses on engagement, communication, negotiation, and clarity of direction 8. A dynamic process which allows for needed updating and adaptation to changing assumptions or new opportunities 9. Focused alignment of effort for execution 10. Effectively articulates both tactical and strategic expectations and accountabilities while also providing a vehicle to communicate transformation expectations and individual behavior and action expectations to accomplish objectives 11. Promotes and facilitates ongoing performance monitoring and tracking Objectives/Capabilities Overview: PAD when integrated with overall performance system and supported by Performance Catalyst Training 1. Facilitates performance optimization while promoting efficiency and productivity 2. Establishes core/supportive process for driving to a culture of accountability 3. Enhances utilization and deployment of resources 4. Provides a method for dynamic performance evaluation/review tracking and follow-up engagement 5. Enhances individual ownership and urgency towards achieving results 6. Facilitates proactive performance troubleshooting and intervention 7. Provides a foundation for effective performance mentorship, coaching, and conflict resolution. • • Director's Input to Leadership Alignment • Forum for open two-way dialogue and communication o Regular engagements/meetings with liaison o Pre -council meetings to deliver department reports o Monthly or quarterly workshops o Appropriate forum for addressing issues o Clear communication of why a project has been denied o Allow for more discussion in public hearings and reduce number of reconsiderations • Clear expectations from Council o What is desired in the department reports o What is needed on the consent agenda o Provide general policy and comprehensive planning direction o Need Council to communicate their vision for the City and the citizens they represent o Consistency in expectations • Understanding and active support in City's vision, mission, and values o Successful positioning for the future o Transformation 0 0 Alignment - Reinforcement - Follow-through Benefits for Positive Council Relationships for Optimizing City Performance: • Council interaction and involvement o Involvement/engaged in the budget process o Involvement in the audit process Roles & Responsibilities "It is not only what we do, but also what we do not do, for which we are accountable." - Moliere • • • • • • Action Items: Enhancing Trust & Credibility "Few things help an individual more than to place responsibility upon him, and to let him know that you trust him. " -Booker T. Washington Discussion: Action Items: c cu 4- 0 U V x W co c O -0--i cu .N cu L. N N Z N Q a CL 4-8 C a °' O i= J v to U CO o .- ♦r '— •� V O E A� M (D O O N � L ^^ a '-1^-+ v/O W O N O ( L O W CL (D di CCDF-Q di C O O Q m 0 .� .Q �( 76 Co > N C 9L > C C C O o 'arn . B..a J V J v J U w CL Q LL CO) J W F- � Z N Q a CL 4-8 C a °' O i= J v to U CO o .- ♦r '— •� V O E A� M (D O O N � L ^^ a '-1^-+ v/O W O N O ( L CL G CCDF-Q aNi 06 CL U CO o .- ♦r '— •� V U— — TAspire... The Power of Culture An organizational culture, by itself, is not a bottom-line commodity. It is not a line item you see itemized on a balance sheet. However, an organization with a healthy, adaptive culture will most often outperform an organization with an unhealthy, rigid culture, many times with dramatic fashion. The fact is, organizations with strategically conducive cultures stand a better chance of achieving their goals and executing their visions. Whether it is defined or not, every organization has a culture. Successful organizations carefully shape their culture. They define what they stand for and communicate these principles explicitly. They unleash the performance of their culture through embraced accountability for actions, decisions, and behaviors. The culture establishes the parameters for what is considered acceptable or unacceptable, right or wrong, appropriate or inappropriate. The culture teaches employees what is valued and becomes a major determinant for shaping employee behavior and driving employee performance. In essence, a positive culture is the outcome of a total set of beliefs, guidelines, and practices that an organization adheres to for a prolonged period of time. A key element to sustaining a competitive advantage is to establish a work environment whereby the culture fosters conditions for positive strategy execution. These excellence -supporting cultures shape the attitude, commitment, and motivation of the organization's talent resources. In such a culture, positive behavior flourishes, while non-productive behavior is discouraged. A successfully defined and developed culture will motivate an organization's employees to perform their jobs and achieve results that are conducive to the organization's strategy. The culture instills and reinforces the structure, expectations, and value system in which to operate. It also promotes stronger employee identification with the organization's vision, performance targets, and strategy. To successfully integrate a cultural transformation into an organization, an organization must: ➢ Articulate and communicate the organization's strategic values and corresponding guidelines or principals for performance accountability. ➢ Align all organizational processes, systems, and practices with the strategic values. ➢ Reinforce culture and values through frequent internal communication and active engagement and modeling by leadership. ➢ Ensure that all employees understand and embrace the critical importance of risking to the standards set down in the values and corresponding behavior accountabilities. ➢ Integrate the culture transformation and management processes into the strategic positioning process. �l 0 AspireOn, Inc Copyright 2003, All Rights Reserved O W O U Al d V m .0^ O 0 co CL E 0 0 ca o a cc co_V o a) ° Ec� aci ° aci o'cmc° off°mW r—.mcc > U Ea E E m o E+; E>> c 0.9Eca m 0 0 0 Q N N N m Q O Q E +N-� > W> =UUUa �zaamSo�EE8U -'T . 0 0 0 --------------------------------------------------------------- 0 0 . cc o0-- c0 N .9c m NN o m Q col U— CO 0 C aoE�0p` � V m E U 0 c ao c a o;�_p,a� ��p4. 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CC, o CL CL c C m= m cm c _ c °' 8 A2 m o �� E N Do to o o$ r� �3 me mco o!f co m merry, tl cE mm = o c m m crn pc aQ 4_D m G v,o o >� - amai �m y a e Q cZ' E wo W c'n V co CD o 4),o 'n a` q g U IL a` CL 6 c 0 Esal 11!gisu®dsaH os6aps,;S O N U a w m C rn �n N 0 CL E W 3 _m m A � L O � O N P CY M W O a' o m d m � d a c v ` U � w � c m O A c � c V m e 45Z c m c_n ® m yy V C m � o c ttZmNJ�' tm m cC€ O W s.- m N� m m EO JC) -6 e c mma m op ao Evm -•-m coO WoN� m E i CL (M 10 o d$ am 2 Sm m -a -0 w $W Z`c Co 2 $ CL cm m ® W E m E Co m m g CLE �v' sato `m W 24-c~ `o mw $ C C >.W E m€ m ® O r= �' O N a`t#cN o� m mol E `H m E .+ E c m 7 W m m �,o m"' c V_ '� W = m O E m v >_ c o,C N,ot O c� m �- c E o �a mo O m e am v c o m m N• v;vs W m y W v o f a•c m' �o�s�mm E o. o m mo $mm�'E $mc Neon o iocoo�p CL m CL > CL E O �Q{ rnE�mE> mm c o ¢ c �aV `� aim•- _$$ a m LD Ea > z m m.o c omm>Cm�c m $i o m m� o o'� m'W c n `o o ocv w m e tm �p r 3 N m N o (o E 'O F-- C .'�. V w Cl E O- F- U p�� U W N a U $ l6 C N$ t { O) >. E p c p= C 3 O C I C N ' +'� ;p M - c m '� O C C Q. cm O aw ++ o m U >.co o '�- o mm� Q�u _ c m c E o '> 'ii Lac- m W cc E C C Q d a y c ` 0-0 m W C 0$ > W N �- (j �a y m m m m W m $ Q atf m�$ V a+a C a, 0 to p Ep p 0 t" m w o C m C m ® > m > r t!� co > N Cm O C> O a c m > a 2 0 7 e�om p 8 N m$>r 0 C 0 > Ec O. C o= > o v c a CL CL 0- P, as ¢ Eo. ¢CL �,S ¢ca ci o 49 N suoo;e;aadx3 IeJoineya8 su014e430dx3 E �; /diys�apea� uoi4euuo;suea,� o c R O N U w m C rn �n N 0 CL E W 0 0 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 13, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Revised 12-12-05 `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle 0 Christine Donnell Charlie Rountree K Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: Z-&_� 3. Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center: lz,,ft CC, 4. Adoption of the Agenda: 5. Consent Agenda: alpfov-v v -c a i re vi�cd, A. Approve Minutes of November 15, 2005 City Council Regular Meeting: �?� � B. Approve Minutes of November 22, 2005 City Council Regular Meeting: a,,jam v,. C. Resolution No. ®,'�_ ` '4_q5_ Declaring the Intent of the City of Meridian to Offer for Exchange Certain Real Propertv Located at 55 East Broadway Avenue in the City of Meridian Legally Described as Lot 20 of Block 1 of the Meridian Townsite; Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Exchange: AIryv v-2_ D. Approve Adult Business License Renewal for Paul McLeod / Valley Video at 433 N. Main Street:/! Meridian City Council Meeting Agenda — December 13, 2005 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. Revised 12-12-05 E. Approve Pawnbroker's License Renewal for Terry Stewart / Benny's Pawn at 451 N. Main Street: Y??Y-o v,<— F. Approve Pawnbroker's License Renewal for Paul Watson / Meridian Coin & Pawn at 1550 N. Main Street: v� G. Well No. 20 B Power Easement for Idaho Power Company: A�r V -C- H. Streetlight Agreement for Settlement Bridge No. 3 by Capital Development: 477j"V'e- I. Change Order No. 1 for the WWTP Standby Power System Procurement with Western States Equipment Corporation: 4"111 v-e-� J. Hook-up to City Services Agreement for Edward and Loretta Sweet - Outside City Limits (2640 North Meridian Road): alr" K. Agreement for Professional Services for Meridian Wastewater Treatment Plant MCC 4 Replacement with DC Engineering, Inc.: A?12rvv,.c- L. Development Agreement: AZ 05-026 Request for Annexation and Zoning of 15.32 acres from RUT to R-8 zone for Hollybrook Subdivision by Hollybrook, LLC - 3265 North Curt Drive and 540 East Ustick Road: 4197Y®&I"- M. Change Order No. 1 for Ustick Road Widening with W.H. Moore Company: a7Wprc. N. Change Order No. 1 for WWTP Standby Power Building with Challenger Companies: ap7j,,1wvw-- O. Approve City Custodial Services Agreement with Western Building Maintenance: P. Corrected Findings of Fact and Conclusions of Law for Approval: CUP 05-040 Request for a Conditional Use Permit to modify the Conditions of Approval for CUP 03-050, in order to allow the existing building at 703 North Main Street to remain and to allow a public use in the O -T zone for Farmers and Merchants State Bank by Farmers and Merchants State Bank - 703 North Main Street: renva yle- d� 6. Department Reports: A. Planning Department - Anna Canning Meridian City Council Meeting Agenda — December 13, 2005 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 12-12-05 1. Application Fee Refund for Durango Springs Subdivision: 077Wk-L-1 7. Items Moved from Consent Agenda: 8. MI 05-014 Request to terminate a Development Agreement for Casper Management by Casper Management, LLC — 7.32 acres south of Overland Road and west of Meridian Road: :��oery v.C-..) 9. FP 05-070 Request for a Final Plat approval of 47 building lots and 5 common area lots on 10.29 acres in a R-8 zone for Larkspur Subdivision No. 2 by Larkspur, LLC — 200 and 205 East Rosalyn Court: a101AoV, 10. FP 05-072 Request for Final Plat approval for 4 single-family residential building lots and 1 common area lot on 1.05 acres in a R-15 zone for Sommersbv Cove Subdivision by Liberty Partners, Inc. — northeast corner of West Pine and North Ten Mile Road: ar1>,1'b v+.cu e/2 vo,-h ,�'rt.f 11. FP 05-071 Request for Final Plat approval for 5 single-family residential building lots and 1 common area lot on .93 acre in a R-15 zone for Sommersbv Subdivision No. 1 by Liberty Partners, Inc. — northeast, comer of West Pine and North Ten Mile Road: A,1 wvLe .QCQ� �°•l' V%4— 12. FP 05 R� 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: S&1 �v /— Y—®1w1l, 13. Public Hearing: AZ 05-043 Request for Annexation and Zoning of 11.7 acres from RUT to R-4 zone for Sunstone Subdivision by Benchmark Construction —1155 and 1123 North Black Cat Road: 14. Public Hearing: PP 05-045 Request for Preliminary Plat approval for 23 single-family residential building lots and 3 common area lots on 11.17 acres in a proposed R-4 zone for Sunstone Subdivision by Benchmark Construction —1155 and 1123 North Black Cat Road: d70__.- V-0- 15. Public Hearing: VAR 05-019 Request for a Variance for cul-de-sac length to exceed the maximum length of 450 feet to the proposed 630 feet for Sunstone Subdivision by Benchmark Construction — 1155 and 1123 North Black Cat Road: r_7Trw — 16. Public Hearing: AZ 05-048 Request for Annexation and Zoning of 14.81 acres from RUT to R-4 zone for McGee Property by Martin Artis — 3086 South Mesa Way and 1252 East Victory Road: Or� a—.4 AlIt 11 CM -A -e /_-e- Meridian City Council Meeting Agenda — December 13, 2005 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. • Revised 12-12-05 17. Pubic Hearing: AZ 05-049 Request for Annexation and Zoning of 5.15 acres from RUT to R-4 zone for Carrington Property by Mark & Karen Carrington 2955 South Locust Grove Road: Irvy;o- e ., 18. Ordinance No. 7 AZ 05-026 Request for Annexation and Zoning of 15.32 acres from RUT to R-8 zone for Hollybrook Subdivision by Hollybrook, LLC - 3265 North Curt Drive and 540 East Ustick Road: 01111yap-t-. 19. Executive Session per Idaho State Code 67-2345 (1) (f): Meridian City Council Meeting Agenda — December 13, 2005 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 December 13 2005 The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, December 13, 2005, by Mayor Tammy de Weerd. Members Present: Mayor, Tammy de Weerd, Shaun Wardle, Keith Bird, and Charlie Rountree. Members Absent: Christine Donnell. Others Present: Ted Baird, Will Berg, Anna Canning, Len Grady, Bill Musser, Bill Johnson, Brad Watson, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the regular City Council meeting to order. It is Tuesday, December 13th. It's 7:00 p.m. and I'd like to welcome you here this evening. We will start with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2 is our pledge of allegiance. Tonight we will be led by Lauren Winter. If you will, please, rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center: De Weerd: Lauren, I will gave you a City of Meridian pin and thank you for being here tonight. Okay. Item No. 3 is our community invocation. We are led tonight by Pastor Gordon Slyter. If you will join us in the community invocation or take this as an opportunity for a moment of silence. Thank you. Slyter: Almighty God, in the midst of our schedule and responsibilities we pause right now to thank you for your peace, for your hope, your encouragement, and your guidance. Help us each to walk in your light, to honor one another, and to treat each other with the same respect and kindness we ourselves would hope to receive. We ask that tonight you would give this Council your wisdom and guidance and that you would continue to watch over the affairs of our city and our citizens, granting protection and Meridian City Council December 13, 2005 Page 2 of 43 peace and continued prosperity. And for these gifts we give you thanks through Christ our Lord, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor Slyter and Merry Christmas. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: First of all, on the Consent our resolution number is 05-495. Also we had Item No. P needs to be deleted from the Consent Agenda. In our department reports, Planning and Zoning, Anna, would like to have a second item, reorganization. And on the regular agenda, Item 12 has been asked to be continued or tabled for two weeks. And also Item No. 18, which is an ordinance, is number 05-1207. And with that I move we approve the revised revised agenda. Rountree: Second. De Weerd: It's just revised once, although you just revised it. Bird: I revised it a second time. De Weerd: The motion is to accept the agenda as amended. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of November 15, 2005 City Council Regular Meeting: B. Approve Minutes of November 22, 2005 City Council Regular Meeting: C. Resolution No. Declaring the Intent of the City of Meridian to Offer for Exchange Certain Real Property Located at 55 East Broadway Avenue in the City of Meridian Legally Described as Lot 20 of Block 1 of the Meridian Townsite; Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Exchange: Meridian City Council December 13, 2005 Page 3 of 43 D. Approve Adult Business License Renewal for Paul McLeod / Valley Video at 433 N. Main Street: E. Approve Pawnbroker's License Renewal for Terry Stewart / Benny's Pawn at 451 N. Main Street: F. Approve Pawnbroker's License Renewal for Paul Watson / Meridian Coin & Pawn at 1550 N. Main Street: G. Well No. 20 B Power Easement for Idaho Power Company: H. Streetlight Agreement for Settlement Bridge No 3 by Capital Development: 1. Change Order No. 1 for the WWTP Standby Power System Procurement with Western States Equipment Corporation: J. Hook-up to City Services Agreement for Edward and Loretta Sweet — Outside City Limits (2640 North Meridian Road): K. Agreement for Professional Services for Meridian Wastewater Treatment Plant MCC 4 Replacement with DC Engineering, Inc.. L. Development Agreement: AZ 05-026 Request for Annexation and Zoning of 15.32 acres from RUT to R-8 zone for Hollvbrook Subdivision by Hollybrook, LLC — 3265 North Curt Drive and 540 East Ustick Road: M. Change Order No. 1 for Ustick Road Widening with W.H. Moore Company: N. Chance Order No. 1 for WWTP Standby Power Building with Challenger Companies: O. Approve City Custodial Services Agreement with Western Building Maintenance: De Weerd: Thank you. That was a little unusual, wasn't it. Okay. Item 5 is the Consent Agenda. Mr. Bird. Bird: Madam Mayor, I move that we approve the Consent Agenda with the resolution number 05-495 and we will delete Item No. P and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. Meridian City Council December 13, 2005 Page 4 of 43 De Weerd: Okay. I have a motion and a second to approve the Consent Agenda with removal of P. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Planning Department — Anna Canning 1. Application Fee Refund for Durango Springs Subdivision: De Weerd: Item 6-A, Department Reports. We will start with Anna, Item No. 1. Canning: Thank you, Madam Mayor. Madam Mayor, Members of the Council, we had a large project that has withdrawn their application. They submitted $16,384.68 for that application. We committed to them that we would ask for a reimbursement of a portion of that. What I have done -- you have a memo from Josh Wilson addressed to myself detailing how we came up with a suitable reimbursement and what we did is we figured out how many hours we had spent on the project and multiplied it by the rate that's listed in the fee structure and we added in any hard costs associated with the noticing from the clerk's office. So, we are asking that they be reimbursed for $13,972.68. De Weerd: Okay. Council, do you have any questions regarding the memo in front of you? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: With the staffs approval, I would move that we approve refund of $13,972.68 to Durango Springs Subdivision North and South. Rountree: Second. De Weerd: Okay. The motion is to approve the request of staff. Is there any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. 2. Organizational Chart. Meridian City Council December 13, 2005 Page 5 of 43 0 De Weerd: Thank you, Mr. Berg. Item No. 2 is the Organizational Chart. Canning: Madam Mayor, Members of the Council, I think I have been talking about this to most of you for a little while, but I wanted to get it before you formally. I would like to request that I be able to add some structure to my department. Right now there is no hierarchy, it's just me and, then, everybody else. What I would like to do is have two divisions. One would be a comprehensive planning division and one would be a current planning division. Craig Hood would take over as the supervisor of the current planning. He would be the manager. And so under him would be the associate city planners and the assistant city planners. And, then, Steve Siddoway would take over the comprehensive planning and this would include the transportation aspects that we currently -- that Steve currently addresses as part of his work program. And, then, I have promoted Craig into the position that Brad would have formally had and, then, we would hire a new assistant -- a new associate city planner. So, it doesn't represent anymore principal city planners or associates than what I have currently been budgeted for, this is just restructuring and, then, promoting Craig to a higher position. De Weerd: Mr. Rountree. Rountree: Madam Mayor, question for Anna. Your org chart would indicate lines of supervision or just lines of folks that are going to be in those divisions? Canning: Of supervision. Rountree: So, we have city assistants supervising assistants and associates supervising associates? Canning: No. I'm sorry, sir. You're right. That's just -- Craig would be supervising these folks. I have drawn that line incorrectly. I didn't catch that. Rountree: Okay. Canning: So, I'm not sure how to show that line, actually, now that you say it. De Weerd: You show it to each column. Canning: Okay. I'll figure that out. I'll get that corrected, but -- Rountree: Just curious. Canning: And, then, Steve would be supervising this person. Rountree: Okay. Canning: And, then, I would still be supervising Steve, Craig, and Barb. Meridian City Council December 13, 2005 Page 6 of 43 Rountree: Okay. Thank you. 0 De Weerd: And, Council, as Anna has noted, it falls within the same structure as the budget. It's just a reorganization of direct reports and offers certainly less evaluations on her part. I do not need a motion to approve. I would appreciate, if you have any comments -- Mr. Wardle. Wardle: Madam Mayor, thank you. Anna has certainly brought this before me. It's something we have discussed, oh, I think since I have been the liaison and I feel that she's had both the time and, really, kind of the impetus with a staff change to be able to do this and in my opinion it allows for one of the things that I think is important and that is a mentoring program and the addition of leadership and management skills within the department. So, certainly, I think it's a good change and will help them function both more efficiently and provide room for opportunity. Item 7: Items Moved from Consent Agenda: Item 8: MI 05-014 Request to terminate a Development Agreement for Casper Management by Casper Management, LLC — 7.32 acres south of Overland Road and west of Meridian Road: De Weerd: Thank you. Thank you, Anna. If there is no further discussion, we will move onto Item No. 8 is MI 05-014. 1 will start this item with staff comments. Canning: Madam Mayor, Members of the Council, this is a proposal by Casper Management to remove approximately 7.32 acres, as shown here, from being subject to the recorded development agreement for Meridian Storage Development. That development agreement was the result of an application that went through in the year 2001 and the development agreement specifically states that the site will be used for construction and development of a storage facility. The applicant has another use in mind that would be a principally permitted use under the Unified Development Code, so they would like to just eliminate the development agreement and allow the standard uses of the C -G, General Commercial District, that they be allowed to be processed just as -- as a normal application. It would be a certificate of zoning compliance in this instance. Staff agrees with the applicant that the UDC will provide enough review of this project to bring it into the current City of Meridian standards and so we are supporting the request for the -- to terminate the development agreement. De Weerd: Okay. Is the applicant here this evening? Would you like to make any comment or do you agree with staffs comments? Okay. The applicant agrees with the comments, unless Council has any questions for the applicant. Bird: I have none. Rountree: None. Meridian City Council December 13, 2005 Page 7 of 43 Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: If there are no questions, I'd make a motion. De Weerd: Okay. Rountree: Madam Mayor, I move that we approve Item No. 8 to terminate the development agreement for the Casper Management -- requested by Casper Management, LLC. Bird: Second. De Weerd: Okay. Motion to approve Item No. 8. Is there any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: FP 05-070 Request for a Final Plat approval of 47 building lots and 5 common area lots on 10.29 acres in a R-8 zone for Larkspur Subdivision No. 2 by Larkspur, LLC — 200 and 205 East Rosalyn Court: De Weerd: Thank you. Item No. 9 is FP 05-070. 1 will start this item with staff comments. Canning: Madam Mayor, this is Larkspur Development. It is a final plat, located on the east side of Meridian Road, south of Calderwood. There is one -- there is two issues to address -- or three. I'm sorry. And so we have asked you to actually consider this tonight. The Public Works has two issues to address. Those regard right of way vacation and a question on an easement. The third issue is just a clarification to condition number 22 as listed in the staff report. The applicant has asked us to clarify that the stem wall that is required is only on the northeast comer. It would be the uppermost three lots of the development and Planning is -- went back and checked the notes and to our recollection that is the only place that it was required, not along the entire east boundary. So, we agree with that clarification. And I will give it over to Mr. Grady. Grady: Just two quick changes to the site specific requirements. There is a little bit of a conflict on the cul-de-sac. There is a little bit of a conflict right here between the cul-de- sac and the lots there. So, basically, at the end of site specific comment number ten, we either want them to vacate the right of way and the cul-de-sac or revise the lot line adjustments there. Comment number 16 in the site specific comments is regard to an Meridian City Council December 13, 2005 Page 8 of 43 easement for irrigation and, basically, at the end of that first sentence in that site specific we just want to give them the option to reroute the pressure irrigation system. Those two comments are all we have. And I believe the applicant is okay with that. De Weerd: Okay. Is the applicant okay with staff comments? Okay. Council, do you have any questions for staff? Bird: I have none. De Weerd: Okay. I would entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 9, FP 05-070, with the noted staff changes and applicant approval. Bird: Second. De Weerd: What were those noted changes? No. I'm sorry. You will have to look at the record. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: FP 05-072 Request for Final Plat approval for 4 single-family residential building lots and 1 common area lot on 1.05 acres in a R-15 zone for Sommersbv Cove Subdivision by Liberty Partners, Inc. — northeast comer of West Pine and North Ten Mile Road: Item 11: FP 05-071 Request for Final Plat approval for 5 single-family residential building lots and 1 common area lot on .93 acre in a R-15 zone for Sommersbv Subdivision No. 1 by Liberty Partners, Inc. — northeast comer of West Pine and North Ten Mile Road: De Weerd: Okay. Item 10. FP 05-072. Anna. Canning: Madam Mayor, Members of the Council, actually, the next two applications deal with the -- the only outstanding issue is the same for both of them. On this one this was approved with townhouses and as part of the conditions of approval the applicant was required to provide front and rear elevation of the proposed townhouses for review and approval by the City Council. And that's the only outstanding issue on these. All the plat issues are -- the applicant has submitted a letter stating they are in agreement with the conditions of approval. I have those elevations for you. These are the front Meridian City Council December 13, 2005 Page 9 of 43 Is elevations and, then, this is the rear elevations. On some of these townhouses sometimes they are just two attached and sometimes there is three attached. Staff is particularly concerned with the three attached, as you get a very long, unarticulated wall that -- that we were concerned that this was not the type of development that City Council was looking for on these lots. So, we have brought them to you for your consideration. So, tonight regarding just the elevations, there would appear to be two possible options. One is to continue the item and direct the applicant to provide different elevations or give staff some very specific and, hopefully, some detail direction as to changes in the bulk or the materials that you would like to see or the general appearance of those units. One possible option might be to provide some different materials along the back. Right now there is just the siding. Another option might be to offset each unit by four feet. I don't know whether they still fit on the lots. It's something the applicant might have to check, but those are just a couple ones to get you started or -- I can maybe come up with more once I hear your concerns or if you have no concerns. De Weerd: Okay. Thank you, Anna. Canning: Thank you. De Weerd: The applicant is -- or the same item on 11. Do you want to -- Canning: Yes. And it's the only issue on Item No. 11 also. De Weerd: Okay. So, I will consider testimony on that one as well. Okay. Is the applicant here for Items 10 and 11? If you will, please, state your name and address for the record. Stiles: Sheri Stiles. 150 East Aikens, Suite B, Eagle, Idaho. 83616. De Weerd: Thank you. Do you have any comments on staffs recommendation? Stiles: Actually, the site plan that was shown as Sommersby No. 1, that's Sommersby Cove. And the other one is Sommersby Subdivision. De Weerd: Oh. Okay. Stiles: Okay. Yeah. I thought the other one showed -- okay. Had the other one circled there. Okay. I guess I could see a concern with the elevations if it were like the office lots that are proposed on Pine and Ten Mile, you would want a little better streetscape in that area, so it looked like you weren't looking at the back of buildings, but these are just like single family homes. They happen to be attached. I think -- you know, I do believe that on at least the Sommersby Subdivision No. 1 they could take better advantage of some views there, but I think that, you know, they are willing to do more, but they don't want to promise that it's going to be a certain thing and, then, have to go through a problem trying to change it. This is very similar to what the other homes in • Meridian City Council December 13, 2005 Page 10 of 43 the neighborhood look like and, you know, they are very deep lots. It's a development -- these pictures were taken of a development in Eagle. It's a gated community. The gates are always open, but it is more of a senior type feel to the subdivision. I don't know if there are any restrictions on it, but this is just what we are proposing. I think the front's very nice. I think it's got a good street appeal and, you know, they will have landscaping and fencing behind it. It was difficult for me to get a shot of this, because I was taking it next to a neighbor watch sign, over the top of the fence. So, the perspective there is not fantastic, but -- do you have any other comments? De Weerd: Council, any questions for the applicant? Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. Thank you. Okay. Council, any further information needed or any additional comment? Canning: I need to know if Council wants to approve these elevations. De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, you want to know if we want to approve the elevations? We are, actually, approving the final plat; right? Canning: This is -- Bird: So, if we -- so, we either approve the final plat with the elevations or we don't approve it; is that not right? We can't break it out, can we? I'm asking a question. I have never done it before. Canning: This was a separate condition of approval in the preliminary plat. However, this doesn't really relate to plat issues per se. So, it needed to be reviewed and approved by the City Council. Bird: Did that -- excuse me, Madam Mayor. De Weerd: Uh-huh. Bird: Was that the conditions of our preliminary plat that this had to be brought before us and approved? • Meridian City Council December 13, 2005 Page 11 of 43 Canning: Yes, sir. Bird: Before final plat? Canning: It just says it needs to be reviewed and approved by City Council. Bird: And that was part of our preliminary plat approval? Canning: Yes, sir. I will double-check on the exact language, but -- Bird: Well, let me ask a question, Anna. How can we -- then, if we set that as a stipulation, shouldn't that be -- shouldn't we have that -- how can I say this? Should -- Rountree: Just go ahead and say it. Bird: I do and I get my foot in my mouth and I'm not as limber as I used to be, so it's hard to -- we should have approved this before we be approving the final plat. We should have had -- we should have had an application here or some kind of a deal here that would -- that would say, you know, before the final plat comes forward you have -- Council, you have to approve these elevations. Am I not right? Canning: It wasn't tied to the final plat. However, it does say that those need to be reviewed and approved by Council, so -- Bird: Well, what are we approving tonight, Anna? Canning: There are two requests before you tonight. Staff would like some resolution on this issue. Since the plat is before you tonight, it would seem an opportune time to have you review and approve the elevations as well. Baird: Madam Mayor? De Weerd: Yes, Mr. Baird. Baird: Madam Mayor, Members of the Council, I think I can help with the linkage here. On the site specific requirements for final plat, item number one talks about applicant meeting all terms of the preliminary plat. If, indeed, showing and approving the elevations was a condition of the preliminary plat, that's what links it up to your approval of the final plat. So, it's merely one more item to clear before you approve the final plat. Bird: That's what I thought. They are two separate items. Baird: Well, it's a precursor to your approval of the final plat. I think we are saying the same thing. De Weerd: Okay. Meridian City Council • December 13, 2005 Page 12 of 43 • Stiles: Mayor de Weerd and Council members, this -- the front elevations were submitted to the City Council. You know Becky McKay and how thorough she is and she typically has brand new plans back to all of you prior to you even meeting again. It came up as a last minute item. The date on the pictures is when I discovered that we did have to make sure we had side and rear elevations, even though they had been -- the front elevations had been submitted in an earlier City Council meeting as part of the Conditional Use Permit, the annexation and zoning, and the preliminary plat. It is a little unusual to get a design review requirement at the last minute when you're asking just for a final plat approval. Canning: Madam Mayor, can I clarify for a moment? This makes it sound like staff has added this as a condition of approval. It was added at the preliminary plat stage, so -- Bird: And nobody's questioned, Anna, just -- I'm just wondering how we go about -- you know, we got to make a motion to approve the elevations. That takes care of the preliminary plat, as I understand it. Baird: Madam Mayor, Members of the Council, I would separate them into two motions. You decide how you want to deal with this one issue and, then, with that resolved you can move onto consideration of the final plat. I believe that's what Anna has been trying to say, but if it helps to say it a different way, then, there you go. De Weerd: Thank you. It's always helpful to hear it another way. Okay. So, Council, I guess the first consideration is the elevations and, Anna, these elevations are both for Items 10 and 11 or just Item 10? Canning: Both -- De Weerd: Okay. Canning: -- 10 and 11, ma'am. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Can we ask the applicant -- these are pictures from another subdivision. Are we guaranteed this is what's going to be built out there? De Weerd: If you approve these elevations that will be what is put out there. Canning: Madam Mayor, Members of the Council -- De Weerd: The elevations relate to the plat. • Meridian City Council December 13, 2005 Page 13 of 43 Canning: -- generally what I do is if you approve a specific elevation with a development -- a lot of times with the planned unit developments you approve a specific look. I look to make sure that when those come in that it has, basically, the same number of roof lines, same number of materials -- basically, the same kind of slope of -- or pitch to the roof. There are certainly minor variations that could occur that the use of brick or rock instead of brick -- I generally just assume that that would be kind of an extension of that or if the column size changes, that's -- I'm more looking for those kind of the same number of architectural elements or the same general architectural style. I don't tie them to that in every detail. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, what if a single person wanted to put a single family home on one of these lots, instead of a duplex, triplex, for whatever? How do you -- how do you go about that if we approve these elevations? Canning: They were approved for attached units and townhomes. I don't believe they meet the single family lot size requirements. This was part of a planned development, so that would be an issue of concern if someone came in with just a single family home on these lots. De Weerd: Okay. Any comments? Bird: I have no more. De Weerd: Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Anna, did I hear that staffs concern was with the specific length of siding on -- was it the triplex? Canning: There are -- let me back up just a little bit. There are four lots here. I believe there is two attached houses here. There are three here and two here. And the applicant may correct me if I'm wrong, but I think the concern particularly with the three attached units is that they are facing a major arterial roadway and that would be a large undifferentiated wall in a very visible location. These four units do back out onto other subdivisions, one that's currently here and, then, that's proposed here. So, yes, it was that -- the length of the distance on those elevations that was of concern. Here you can see two of them and, then, I believe that's the garage attaching them. There seems to be maybe a third back there. But that's just two -- or one and a half of them here. So, it's a long distance with just one wall plane. Meridian City Council December 13, 2005 Page 14 of 43 Wardle: On an arterial. Canning: On an arterial. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I have a question of the applicant. Hi, Shari. Thank you. Hearing staffs explanation and I think their concern is simply the three units facing Ten Mile, if I understand that. Do you have any suggestions on how to break that long wall up? Is there an additional material that could be added or would modulation be a better solution? Stiles: Mayor de Weerd, Councilman Wardle, there is going to be a berm there on Ten Mile Road and, then, there will be a fence. I'm not sure if it's 25, 30 feet that we will have landscaping and trees. I guess -- I guess what I'm asking is for you to approve the elevations as they are submitted and let somebody have the opportunity to personalize their own lot, their own house. They may want to build a patio out back or add on a covered area back there. I don't know. It seems like the more specific you get about any requirement; the harder it is if you vary from that in any way. I mean I guess I'd prefer to see landscaping take care of it than actually dictate the design features of a single family home that happens to be attached. De Weerd: I think a former director of ours was very into the esthetic look of some of these -- Stiles: I believe that I have a different hat on now. De Weerd: I just thought I'd remind you of that former hat. Stiles: You don't have to remind me. I still have nightmares. De Weerd: I'm not going to comment back on that. Okay. Council. She opened the door. No. I'm sorry. Any other questions for the applicant at this time? Bird: I have none. De Weerd: Thank you, Shari. Bird: Anna, your concern is the continuation of the houses together? Canning: Yes, sir. It will be 130 feet long. Meridian City Council December 13, 2005 Page 15 of 43 De Weerd: And, Mr. Bird, I guess, you know, Council has expressed concern about some of our other -- or shared lot lines, duplexes, and if you look at the elevation it kind of has a front garage look on at least one. I like the setback of the other, it kind of breaks up the garage, but that has been a concern of Council and, certainly, that's why it's in front of you tonight. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Anna, I guess after hearing testimony that, really, we are talking about landscaping, we are talking about fencing that will cover the lower portion of these, it would seem that the addition of building materials, such as rock or brick on what I would assume would be the lower portion, would not really satisfy that issue that you're talking about. So, I think my preference would be some sort of modulation, even though very slight. How would you terminologize that? A break of plane or -- Canning: You could talk about an offset between the units of a certain amount of feet or a certain range that you would like to see. I think we are just talking about this one with the three attached units and you could say that the center unit will either be brought forward or recessed four feet or whatever number you might choose. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I guess that's my question, Anna. What's a reasonable number? Canning: Well -- and maybe somebody else can correct me, but, generally, I believe that buildings are generally designed in modules of four or eight, because it's half the width of a sheet of plywood, I believe. So, it would -- probably four feet or eight feet would be a good distance to modulate, but -- De Weerd: I guess, Mr. Wardle, you can either ask comment from the applicant or ask for something to be brought back. I'd hate to impose a standard that is not standard and, then, add unnecessary cost to the unit. So, at this point, Shari, do you feel more comfortable as guessing or would you like to bring something back next week? Stiles: Mayor de Weerd, I guess I really didn't anticipate getting into a discussion this lengthy about this item, but offsetting the units might help a little bit, but it's not going to really do anything. It's still going to be, you know, continued vinyl siding as is shown and add considerably to the cost of the units, you know, all for a little variation in the backyard that nobody is going to care about once they make it their home. Hopefully, they -- someone will come in and make each unit their home. But we just don't want to have to come back and continue coming back, because something has changed a little bit or -- you know, I guess if you say -- I'm not sure -- I haven't been in the units, I can't Meridian City Council December 13, 2005 Page 16 of 43 tell you what is up on the top there as far as where there is no windows or anything, but -- and I'm also not a great proponent of having to work things out with staff after the fact, because a lot of times it doesn't work. De Weerd: Well, I think what can be done is we can add you on our agenda next week and you can show a variation that is more cost effective than if we choose something arbitrarily. Stiles: How about we -- I don't know. They could put some features around the windows, some kind of window boxes, maybe, to -- you know, I just hate to get too specific and, then, have to come back before you for minor modifications that could be handled elsewhere. De Weerd: Well, if you don't have any suggestions, Council, what would you like to do? Bird: Get it off the docket. Madam Mayor? De Weerd: Mr. Bird. Bird: Before I make a motion I will -- and I'll see where the motion goes -- probably die for lack of second, but I will make a statement that I agree with staff on the long -- you know, having 130 feet or something like that, but we have been approving a lot of R -8s that face the road and on three and four thousand square foot lots that -- and I don't have a very long wing span, but I could stand and touch each house. So, I would make a motion on Item No. 10, FP 05-072, that we approve the elevations as shown on the major -- I think face up to Ten Mile or -- is it Ten Mile or Linder? Ten Mile. The ones on the Ten Mile on the ones in the back was no problem with the staff anyway, were they? Canning: Madam Mayor, those are only two units, so it's a much less mass, but it's still the same issue, but not as much. Bird: Okay. That's my motion, that we accept the elevations as shown. De Weerd: Okay. Do I have a second? Rountree: I will second. De Weerd: Okay. The motion is to approve the elevations as submitted. Is there discussion? Rountree: Madam Mayor, I think this is kind of a unique item and I'm at a loss at why we have even gotten here, because we have been trying in recent past to deny these kinds of projects at the annexation prior to preliminary plat, because of these reasons, not to bring them to the point of fruition of the final plat to resolve design details. So, though I'm not particularly keen on what I see, I think that we might have dropped the ball on this one and I don't -- I read within the application fairly extensive effort in terms Meridian City Council December 13, 2005 Page 17 of 43 • • of berming and landscaping that may well take care of a lot of this issue and probably won't be seen anyway. And, for the record, though, I'm not particularly keen on what I see, I think at this point I probably would vote in favor to move this on. De Weerd: Okay. Is there any further discussion? This has been a fun project. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, nay; Donnell; absent. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. De Weerd: I think this has come back to haunt us for years now, so -- Stiles: It already has. I will relay your concerns to the developer and ask him to reconsider a least those lots backing up to Ten Mile, but I appreciate your help. Thanks. De Weerd: Thank you, Sheri. I know, you started from day one on this one. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve FP 05-072, final plat for Sommersby Cove Subdivision. Rountree: Second. De Weerd: Do you also approve FP 05-071? Bird: No, because I got to do the elevations first on that, too, don't I? De Weerd: Oh. Okay. Okay. The motion was to approve Item No. 10. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Mr. Bird, Item 11. Bird: Madam Mayor, I move that we approve the elevations for Sommersby Subdivision Number 1 as shown. Rountree: Second. Meridian City Council December 13, 2005 Page 18 of 43 De Weerd: Okay. Motion is to approve the elevations for Item 11. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, nay; Donnell; absent. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. De Weerd: Item 11. FP 05-071. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 05-071 for Sommersby Subdivision No. 1. Rountree: Second. De Weerd: Okay. The motion is to approve Item 11. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: 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 E, I_ Subdivision by Conger Management Group — 701 Black Cat Road: De Weerd: Thank you. Item 12 has been requested to continue. Do I have a motion to continue Item 12? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we continue FP 05-073 to first of January 3rd, 2006, meeting. Rountree: Second. De Weerd: To the first of January 3rd? Bird: To the first of the items, so the old Council can do it. De Weerd: Okay. Under old business it's been moved to table or continue Item 12 until January 3rd, 2006. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council December 13, 2005 Page 19 of 43 Item 13: Public Hearing: AZ 05-043 Request for Annexation and Zoning of 11.7 acres from RUT to R-4 zone for Sunstone Subdivision by Benchmark Construction —1155 and 1123 North Black Cat Road: Item 14: Public Hearing: PP 05-045 Request for Preliminary Plat approval for 23 single-family residential building lots and 3 common area lots on 11.17 acres in a proposed R-4 zone for Sunstone Subdivision by Benchmark Construction —1155 and 1123 North Black Cat Road: Item 15: Public Hearing: VAR 05-019 Request for a Variance for cul-de-sac length to exceed the maximum length of 450 feet to the proposed 630 feet for Sunstone Subdivision by Benchmark Construction — 1155 and 1123 North Black Cat Road: De Weerd: Okay. Items 13, 14, and 15 are public hearings on AZ 05-043, PP 05-045, and VAR 05-019. 1 will open these three items with staff comments. Canning: Madam Mayor, Members of the Council, this is the Sunstone project. It's located on the west side of Black Cat Road and south of Cherry Lane. They are proposing -- you can see there is two existing homes on the property. One and two. They are proposing 23 building lots and three common lots on 11.70 acres in a proposed R-4 zone. The applicant has also requested a variance for the cul-de-sac length of 630 feet. That would be this distance here. And that exceeds the 400 foot maximum allowed under the old code and this is under the old code, by the way. The gross residential density -- I think Council will be happy to hear -- is 1.97 units per acre. The Commission has recommended approval at their November 3rd hearing. Clayn Sonderegger of -- I'm sorry in advance. These people are probably here. And Jason Dunsmoor spoke -- and David Bowman all spoke in favor of the applicant. Kathy Farrera, Tom Knoll, and John Hansen, Paul Sherritt and Scott Frederickson spoke in opposition and, then, commenting were Christie Campbell and Tom Campbell. The key issues of discussion by the Commission were the compatibility of the lot sizes with adjacent properties. And as you notice, this is the first -- one of the first subdivisions to go in in an area that has fairly large lots platted around it. The one immediately north has annexed, but this is kind of the first subdivision to go in. The key Commission changes to the staff report -- the Planning Commission asked that the larger lots be zoned R-2 to -- not R-2 to -- R-2 in order to better reflect the lot sizes that are being proposed on those lots. The remainder of the property would stay at the R-4 designation. As soon as you come into the site there are approximately quarter acre lots and, then, as you go toward the west they do get to be around half acre lots. They also deleted a condition regarding -- it was condition 1.13. That was regarding the extra foot that -- is a condition of approval from the fire department. This might be a good time to address this issue, since it was brought up during this application. ACHD typically measures the width of the street from the back of the curb to the back of the curb. One of the standard conditions of the fire department asked that that width be measured from the face of the curb to the face of the curb. Therefore, we, essentially, have a different street standard in Meridian than is required elsewhere in the county. Meridian City Council December 13, 2005 Page 20 of 43 So, they did remove that condition from this particular project. The outstanding issues before City Council, as noted in the staff report, was that we had not received the revised legal descriptions for the R-2 zoning prior to -- ten days prior to the hearing. We did receive those today and I believe you had those on your desk when you came in. So, we just received them this afternoon. They do appear to be adequate and address the lots that were of concern. The Planning and Zoning did not make a recommendation on the variance, as is typical. Staff is in support of the variance request. It's really more of a long stub street, as you note here. Because the design of the project puts the smaller lots at the front, the stub streets made more sense toward the front of the property. Also as you look at the surrounding properties, the width of -- in particular the property to the south is really toward the east end of the property, doesn't have much useful effect stubbing toward the west end. For those reasons staff was supportive of the longer stub street length, knowing that that probably will get extended at sometime in the future and staff anticipates future development to be similar to this. This is listed as low density residential in the Comprehensive Plan and given the size and configuration of the surrounding lots, they probably won't be further subdivided to the extent that you see elsewhere in the city. These probably will remain fairly large lots. So, you do have findings for approval with both the R-2 and the R-4 district. With that I will answer any questions you may have. Oops. Sony. Went too far. De Weerd: Thank you, Anna. Council, any questions for staff? Is the applicant here? Would you like to comment? If you will, please, state your name and address for the record. Sonderegger: Okay. Mayor and Council, Clayn Sonderegger. 1155 North Black Cat Road in Meridian. De Weerd: Thank you. Sonderegger: With our attempt, when we decided to develop this with our neighbors the Berts, one, we had to wait for that Black Cat sewer to be installed and that's now been done and the lift station is almost done. We wanted to be able to blend from the Castlebrook Subdivision and having that potential at Black Cat being a five lane road, you know, whether that's five years from now or ten years from now, to have a buffer and also transition from Castlebrook, which is a much tighter density in there, and that's why we went the quarter acre lots up front and moved to the back. I think with the general plan we could have put an additional 11 lots on there and still been in compliance, but we decided to stay under, because, one, me and my family want to continue to live there and so that's the reason that we needed to do that longer cul-de- sac is so we didn't have to put kind of a loop in to -- and, then, we'd just be breaking more lots up and, you know, we felt the desire for half acre lots in Meridian was a good thing. So, that's why we are actually lower than what we could have put in there and I have been advised that we are losing money and so be it. This is how we prefer to do it. Thank you. Meridian City Council December 13, 2005 Page 21 of 43 De Weerd: Thank you. Okay. This is a Public Hearing. I would open it to public testimony. Is there anyone who would like to comment on this application? Come on forward. And if you will, please, state your name and address for the record. Hansen: My name is John Hansen. I live at 6220 EI Gato Lane. That's the far end of EI Gato Lane. The same section that this subdivision is planned to be in. De Weerd: Okay. Thank you, John Hansen: We agree that the -- and we very much appreciate the fact that all the lots -- or some of the lots on the west side of this development are being put in at half acre. We appreciate the willingness to go in with R-2 and we agree with -- most of the neighborhood agrees with most of the other changes that are going in. However, we would like to see all of the lots going in under the R-2 requirements, not -- we don't believe that there is any -- especially with Black Cat being expanded to five lanes at sometime in the future, we don't believe that the quarter acre lots is a serious blending from these smaller lots on the other side of the street. As you can see -- as you have seen from the previous slides, the -- all the other lots that are up there on EI Gato are three to five acres and the other lots that are available are running much much larger, anywhere ten to -- some of them up ten and 20 acres. We would like to -- if we are going to have this in there, we'd like to leave it at -- leave all the lots with R-2. We had a long discussion before. This area right here, this five acres, this was originally going to be developed under the R-4 with small lots. We worked as a neighborhood with the developers and those -- all of those houses there are being put in under, essentially, R- 2 -- R-2 conditions and we'd like to maintain that for all of this area, because of the impact it's going to have on the whole quarter section. And the fact that these -- those are going to be the smallest lots on that -- in the area surrounded by Black Cat, which is here, Cherry Lane, and at the other end here, which you can't see, of course, McDermott and the railroad tracks, which are down in here. We'd just like to have -- we'd like to maintain the consistency of R-2 lots and we'd like to keep that there. We know, talking to the people that did the subdivision down here, when they went to R-2 they said that all those lots were still going to be profitable, so we don't believe that this is going to be damaging the profitability of the houses that are going to be going in. Anyway, we'd just like to see this all -- all of the lots up to the -- up to the R-2 standards, that half of them -- and Planning and Zoning has already agreed to. When Planning and Zoning did their -- went through and listened to all the testimony, they didn't even come out with a complete agreement, they were a four -to -one vote. So, even the Planning and Zoning was split. Thank you. De Weerd: Okay. Thank you, sir. Any questions for the -- Bird: I have none, Mayor. De Weerd: Okay. Thank you. Thank you, John. Okay. Any other testimony? Okay. Seeing none, is there any final comments from the applicant? If you will just restate your name. Meridian City Council • December 13, 2005 Page 22 of 43 r - L Sonderegger: Clayn Sonderegger. 1155 North Black Cat Road in Meridian. De Weerd: Thank you. Sonderegger: I would just like to point out that we have tried very hard to do better than what the general plan has required and, as I understand it, we are 11 lots less than what we could potentially put in there and so I think the buffering that we are doing is a good thing for the City of Meridian. Thank you. De Weerd: Thank you, sir. Any questions for the applicant? Bird: I have none. De Weerd: Okay. Any questions for staff? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If, Anna, one more time you would explain the definition and how it's articulated in the Findings as it relates R-4 and R-2. Canning: The Findings are written with -- assuming that the R-2 and the R-4 designation are both there, even though staff didn't have those different legal descriptions. I just wanted to make it clear that it did assume that we had two legal descriptions and we do now. So, I believe the Findings are accurate as prepared. Baird: Madam Mayor, Members of the Council, I can direct you to site specific 1.19 and it does specifically set forth the lots that are to be in the R-4 and the lots that are to be in the R-2. Rountree: Okay. Canning: Did that answer your question, sir? Rountree: Yes. Thank you. Canning: Okay. Rountree: Madam Mayor, if there is no further questions, I move that we close the public hearings on Items 13, 14, and 15. Wardle: Second. Meridian City Council December 13, 2005 Page 23 of 43 De Weerd: Okay. Motion to close the public hearings on Items 13 through 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 13. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for annexation for Item 13, AZ 05-043. Bird: Second. Rountree: Including staff comments. Bird: Second. De Weerd: Okay. The motion is to approve Item 13. Is there any discussion? Seeing none, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Item 14. Canning: Madam Mayor, I believe Item 15, if you're moving toward approval of 14, you need to do 15 first. Rountree: Fifteen first. De Weerd: Thank you, Anna. Okay. Do I have a motion on Item 15? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for a variance for Item 15, VAR 05-019, for reasons as stated by staff, that this is -- essentially, will be a continuation or a potential continuation of a corridor into this section at some future date. Bird: Second. Meridian City Council December 13, 2005 Page 24 of 43 De Weerd: Okay. The motion is to approve Item 15. Is there any discussion? Hearing none, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 14. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the preliminary plat request for Item 14, PP 05-045, within indication in the Findings and Facts and Conclusion of Law that this is both an R- 2 and an R-4 zoning as specified in the Findings of Facts and Conclusions of Law. Bird: Second. De Weerd: Okay. The motion is to approve Item 14 with the distinction of the zoning. Anna, do we need a revised plat to show that or -- Canning: No, ma'am. De Weerd: Okay. Okay. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Public Hearing: AZ 05-048 Request for Annexation and Zoning of 14.81 acres from RUT to R-4 zone for McGee Propertv by Martin Artis — 3086 South Mesa Way and 1252 East Victory Road: Item 17: Pubic Hearing: AZ 05-049 Request for Annexation and Zoning of 5.15 acres from RUT to R-4 zone for Carrington Property by Mark & Karen Carrington — 2955 South Locust Grove Road: De Weerd: Thank you. Okay. Item 16 is Public Hearing AZ 05-048. 1 will open Item 16 with staff comments. Baird: Madam Mayor? De Weerd: Yes, Mr. Baird. Meridian City Council December 13, 2005 Page 25 of 43 Baird: Before we open Item No. 16, 1 would like to make a suggestion that -- we are going to suggest that you try something new here -- that you're going to see in the future when you have two projects that appear unrelated, but have a common factual nexus, we are going to recommend that you hear them together. So, what we are recommending is that you open up the hearing for both Items 16 and 17. When you have heard all the testimony, to close the Public Hearing and, then, consider these items separately. It's -- the reason we are proposing that is for efficiency. Today the facts are relatively short and sweet, but we thought we would get used to this -- this new procedure, because we are going to have some more complex ones coming along that you will be hearing together -- or we'd suggest that you hear together. De Weerd: So, is it common that we are going to start getting these without plats? Baird: That's a separate issue, Madam Mayor and Members of the Council, and you might want to address that question to the planning director. De Weerd: Okay. Mr. Wardle. Wardle: Madam Mayor. Mr. Baird, did you say factual nexus? Rountree: That's a legal term. Baird: Let me put that in -- they are right next to each other. Wardle: Okay. Bird: I was going to say, Joe isn't sitting there yet. De Weerd: Maybe he will interpret for us. Baird: Madam Mayor and Members of the Council, I hope that Mr. Borton kicks me if I say that again up here, so -- De Weerd: We will expect that. Mrs. Canning. Canning: Madam Mayor, Members of the Council, the two projects have in common not only their physical location, but a concept plan, and that's part of why we are asking you to hear it tonight -- together tonight. Sony. This is the McGee property and it's approximately 14.81 acres. It's part of Kachina Estates Subdivision. This is the Carrington property and it's 5.15 acres and it is, again, a lot in the Kachina Estates Subdivision. As you can see, there has been -- these are the first lots in Kachina Estates to be further subdivided, but everything around them has subdivided. There is an existing home that faces Locust Grove on the Carrington property. There are two homes, actually, one and two, on the McGee property. They have submitted a conceptual plan. I'll go through that a little bit. It's a little hard to see. These are the remaining lots in Kachina Estates. This is the entry road. Mesa Drive. So, they come Meridian City Council December 13, 2005 Page 26 of 43 0 and they follow the Ten Mile and with lots around it. There is an existing home lot. Some of the lots take direct access from Mesa Way. Here is another existing home lot. They have one connection to Victory Road. It, then, moves up north. You have two small cul-de-sac lots. You have the third existing home lot, which, as proposed, still takes access off Victory Road. There is a development agreement proposed by staff to go along with this application and I'll highlight some of that and, then, that was a topic of -- you'll see that these were a topic of discussion by the Planning and Zoning Commission as well. In the DA we proposed that prior to any building permit for new development being released on this site that the subject property, whether it's the McGee property by itself or the Carrington property by itself, but that it come in for a preliminary plat approval prior to any new construction. And that the existing homes all be located within that subdivision, that they can't exclude those existing homes from the proposed subdivisions. In the case of the Carrington property, there was a great deal of discussion at the Planning and Zoning Commission as to whether or not the existing home should have to take access from within the street or -- within the subdivision or whether they could continue to take access from Locust Grove. The planning commission decided that they couldn't agree on anything that night and that they would decide that with the preliminary plat application. So, they removed the requirement that that home take access from within the proposed subdivision. The Planning and Zoning Commission -- at this point I'm going to -- that was the discussion that covered both -- both applications. At this point I'm going to switch to individual discussions, because I'm getting confused. Sony. So, I'm going to go with the McGee property as shown here. The development agreement also talks about providing a ten foot wide multi -use pathway from Victory Road to Mesa Way. So, there is Victory Road to Mesa Way. Along the Ten Mile Creek. That development would not commence until either FEMA approves a map revision and the flood designation has been revised for the Ten Mile Creek or until they modify the concept plan to accommodate that -- the existing flood plane. When the preliminary plat is submitted it would have all 14.81 acres and that when the preliminary plat is submitted they would have one public street access and no driveways to Victory Road as shown here. The existing home that currently faces Victory Road would have access along a public street. They also, in the development agreement, want to include a provision that this would be public streets and not private streets. And, then, the general discussion of where appropriate stub streets would be within the property. Planning and Zoning Commission did recommend approval at the November 17th hearing. Eric Cronin, Martin Artis, Aaron McGee all spoke in favor. nike, maybe, Binford and Richard Yarrington spoke in opposition. The key issues of discussion by the Commission were the existing and future access to Victory Road. Requiring all 14.81 acres to be part of a future subdivision. Whether the R-4 zoning and density transition from -- was appropriate to transition from five acre lots. And that the -- holding a neighborhood meeting prior to submitting preliminary plat application to the city. They did not make any substantive changes to staffs initial recommendation. The outstanding issues were not ones that were discussed by the Planning and Zoning Commission. It is the larger question as mentioned by the Mayor prior to the hearing, is is it appropriate to annex this property at this time without a preliminary plat application. And is the R-4 zoning appropriate. The neighbors have called since the initial -- or since the Planning and Zoning Commission hearing asking more about the R-2 zoning, Meridian City Council December 13, 2005 Page 27 of 43 10 whether that would be more appropriate. So, that would appear to be an outstanding issue. You do have Findings for approval with -- and I do want to mention that these are individual development agreements. The two are not currently linked to one another as written. So, that means that as the development agreement and Findings are written, this one could come in for a preliminary plat application without necessarily bringing this one in and vice -versa. Although, the way the concept plan is shown, the Carrington property would certainly appear to depend upon the McGeero e at least first, if not concurrently. Moving now to the Carrington property. p p coming De Weerd: Anna? Canning: Yes, ma'am. De Weerd: Before you move on, it would appear, too, that they would be utilizing the open requirement with the other development. Canning: Madam Mayor, I don't know that they have -- oh, I see what you mean. This is the only open space lot in the concept plan, so this is an existing home lot. They would have to came -- if they came in separately, they would have to meet the requirements for a subdivision, the five percent open space as required. De Weerd: Okay. Thank you. Canning: The development agreement for the Carrington property had fewer site specific provisions. One was prior to issuance of any building permit the subject property would be subdivided, as mentioned before, and that it bring in the full 5.15 acres. And, again, the one that -- public road and not private streets shall be constructed. The Planning and Zoning Commission recommended approval at their November 17th hearing. Eric Cronin spoke in favor and Vince Sullivan and Richard Yarrington spoke in opposition. The key issues of discussion were the existing and future access to Victory Road. Requiring all 5.15 acres to be part of the future subdivision. Landscaping along Locust Grove Road. Irrigation water and delivery -- or water delivery. The key Commission changes were to amend bullet number eight in the proposed development agreement regarding landscaping along Locust Grove Road. To allow for some alternative compliance, the existing home would be in the required buffered area, so they would need some alternative compliance regarding that issue. And to remove bullet number ten in the proposed development agreement, which that was the one that prohibited direct lot access to Locust Grove Road. And as I mentioned before, the Commission decided to revisit that issue when the plat was submitted in the future. The outstanding issues are the same. Is it appropriate to annex now without a preliminary plat. We have seen this on commercial applications, but to my knowledge this is the first residential application that we have seen this type of request on. And very different issues. And, then, is the R-4 zoning appropriate in this location. Again, you have Findings for approval and I do have -- if the Commission chooses --I'm so If the Council chooses to approve these applications, staff does ask that orry. one of the development agreement conditions be slightly modified and that's that first one that I Meridian City Council December 13, 2005 Page 28 of 43 have already -- that I have spoken or referenced that prior to issuance of any building permit we would ask that that be clarified to be any building permit for new construction, not to prohibit them from getting an electrical permit on an existing home to address a safety issue or a small addition to the house or anything like that. It was, really, for new construction. And with that I'll answer any questions that you may have. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, would you go back to the overall view where we got -- it shows the other subs around it. What are the -- how would -- Carringtons would have to come in first to make McGee contiguous to the city. Canning: Oh, as far as -- you have an annexation path on the south. Bird: Okay. Yeah. Okay. I just -- what are those subs around there? Aren't they R - 4s? Because that one over there is an R-8, I believe. Canning: I think this might be R-8 and, then, these are R -4s. So, to the south -- I'm song. For the record, to the south R-8 and a small portion of the subs to the east is R- 8, but by and large everything is R-4. Bird: Thank you. Thanks. Canning: The Comprehensive Plan does have a different designation on this portion, though. This is shown as low density residential. Whereas, the other properties are shown as medium density residential. Bird: Thank you. De Weerd: Okay. Any further questions for staff? Okay. Is the applicant here? If you will, please, state your name and address. Cronin: Madam Mayor, Members of the Council, Eric Cronin, working with Roylance and Associates representing both clients, Marty Artis and Mark Carrington this evening. De Weerd: If you will state your address. Cronin: Oh. 391 West State Street, Eagle, Idaho. De Weerd: Thank you. Cronin: We have submitted for annexation and rezone to an R-4 designation and at this time the concept plat that we have -- or concept sketch for illustration of what we would like to do with the R-4 zone and it's not tied down in any -- a hundred percent fashion Meridian City Council December 13, 2005 Page 29 of 43 to and we just want to take it one step at a time here in front of you guys to get the zoning designation and get it annexed into the city. But as you have seen, the areas all around this future proposed development would be -- are either R-8 or R-4 and to continue with that within the City of Meridian, there is -- the only chunk that's without higher density and so I believe it would be a good blend with what is going along in the area out there around Locust Grove and Victory. And as we move further into a preliminary plat development we will discuss further issues with, you know, open space and whether both come together as one at preliminary plat or not. But at this time we are asking for annexation and rezone to R-4 designation and, as Anna indicated, there has been -- a development agreement has indicated -- or will be revisited about allowing direct lot access at the Carrington property along Victory Road -- or, excuse me, Locust Grove and as well as do some sort of alternate compliance in the future regarding the buffer width. So, I'll entertain any questions you have at this time. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I ask this question out of curiosity. It seems to me that this is kind of a trial balloon to get a sense from the city whether or not this is a conversion that would be acceptable to the city and I just -- is that the sense that the applicant wants? Is this something that's going to be acceptable? I have a difficult time looking at a subdivision and annexation and all the things that follow without something a little more concrete than a concept. Cronin: Well, Councilmember Rountree -- Rountree: Well, it's jingle bells. Here you go. Cronin: Our concept plan shows an R-4 and this is our applicant and this is what they would like to see be completed out there, so it's not necessarily a trial run, but we were just working out a few issues with -- you know, what could be done with access along Locust Grove and figured get the annexation and rezoning to R-4 designation, which this concept plan shows and, then, move forward with that once -- I mean we are not going to go ahead and crumple this up and start from scratch by any means. We'd like to follow what you guys see here into a preliminary plat stage to be further introduced to YOU guys. De Weerd: Okay. Any further questions? Cronin: Did that answer your question? Meridian City Council December 13, 2005 Page 30 of 43 Bird: I have none, Mayor. De Weerd: Thank you. Canning: Madam Mayor, Councilmember Rountree, I should explain one thing. The development agreement did not -- or does not currently recommend tying the development to this concept plan, because, quite honestly, staff had a number of concerns with the concept plan and that's wh are regarding connections to the street, regarding you see the number of conditions there te streets. We wanted to take the concepts that are shown n the concept plan that weaagreed with, but there were quite a few things that we weren't as comfortable with in the concept plan. Cronin: May I add at the point we did -- we asked for annexation and rezone and kind of come through the process since something before October and, then, it seems like we were to -- if you were to ask us to come back with a preliminary plat with this platted, then, at that time after annexation and rezone it just seems like we took all this effort to, you know, introduce what we were doing and know, � you what I feel is a pretty good manner showing you what we would like to do and, yet, things could be worked out in the future with staff to make sure that the preliminary plat meets your guys' expectations, but to push us back -- all the way back and say, okay, start from scratch and bring it all to us, seems like, you know, all this work was done for nothing to -- when we weren't trying to, you know, sneak around anything, just bring it up to you guys and -- De Weerd: Well, I'm sure Council -- or I'm sure staff must have told you that Council does like to see a preliminary plat with annexation, so -- Cronin: And at that time I asked would a concept sketch work and they said yes and they didn't say, no, you're going to have to put it on paper and ask for preliminary plat at that time. They said submitting a concept sketch would do for annexation and rezone. De Weerd: I guess we have had a nightmare with a concept plan before, so -- Canning: And if I might represent my own self on that issue, staff made it very clear that you were used to seeing preliminary plats, there is nothing in code that prohibits them from only requesting annexation, but I did explain that it was a risky proposition, that it may or may not work. So, staff has been clear that at a minimum we required the concept plan to move forward, but that it wasn't the preferred alternative. De Weerd: Thank you. Okay. Thank you. Cronin: Thanks. De Weerd: Okay. Is there further testimony? I do have several people signed up, in addition to Mr. Artis. Aaron McGee is signed up for. If when I read your name if you'd like to come up, certainly, you are welcome. Okay. Mrs. Binford. Is that Anike? Meridian City Council • December 13, 2005 Page 31 of 43 Binford: It's Anike. E De Weerd: Anike. Thank you. Signed up against. If you will, please, state your name and address for the record. Binford: Okay. My name is Anike Binford and I reside with my husband and children at 3101 South Mesa Way. De Weerd: Thank you. Binford: That's the street running the farthest over here on the left. De Weerd: There is a pointer in front of you. Binford: I'll use that in just a minute, probably. De Weerd: Okay. Binford: We bought our property not only because of the five acre lot size, but because all the homes within this subdivision also had large lots, which created an open space feeling. We also purchased, because of the limited number of homes sites and traffic on this dead end street. We understood that growth was inevitable and that the surrounding farmland would eventually become subdivisions with standard size lots and all the houses to go with them. However, we never expected that such a subdivision would be built within our own fully established neighborhood. We are opposed to the zoning change at the land located at 3086 Mesa Way to R-4. R-4 is not consistent with the density of the established subdivision of Kachina Estates located on Mesa Way. Kachina Estates consists of 13 home sites on five to seven acre lots, all running on Mesa Way. Splitting the land at 3086 Mesa Way and building homes that close together will create a conflict of density and will not be compatible with the existing esthetics and feel of Kachina Estates Subdivision. This will result in a negative impact on the value of our homes in our neighborhood. I have consulted with experienced realtors concerning this issue and all agree that R-4 development on Mesa Way would drop the value of the homes within Kachina Estates. If we were to put our house on the market as it stands today, our listing would read as home and five acres on dead end street within large acreage subdivision. If the land at 3086 Mesa Way is developed as R-4, potential buyers would question why there is a small lot subdivision located within the large acreage subdivision they are consideringThe selling eing a quiet, dead end street, with only 13 home sites would betaken away because ofthe proposed access road on Mesa Way. We request that the land located on and directly facing Mesa Way be considered for R-2 or less, rather than R-4. R-2 would be more consistent with the current density of the existing neighborhood. Due to the fact that the land located at 3086 Mesa Way is enclosed within an established large acre subdivision, we would request that this ground be designated as the largest lots proposed within this development. This would help to ease the transition from RUT. Meridian City Council December 13, 2005 Page 32 of 43 U Zoning the land on Mesa Way as R-2 versus R-4 would maintain Kachina Estates as a larger lot subdivision and, therefore, help to protect our homes and the lifestyle that we are used to on our larger acre lots. We would also request that any homes built on Mesa Way have the same setback as the existing home at 3086 Mesa Way. And I don't know if I can even see -- my husband might be better with his -- this is Mesa and as you can see, these are all large lot homes in here. This is our lot right here. This is the area on Mesa Way -- they are calling it the McGee property. It, actually, is this five acre parcel and, then, these along here. Our biggest concern is with what they put in right here. We just - we feel like, you know, we have large acre homes we bought in a subdivision that was already fully developed and it just seems a little bit silly for someone to pull in and drive through this sub that, you know, it's all just larger acreages and, then, have little tiny houses on one of the lots within the sub just doesn't make any sense to us. So, we are a little concerned about, you know, the value of our home and just the whole open space feel of it. If we wanted to, you know, buy a house in a neighborhood that had tiny little houses or even just houses packed together, you know, like you said earlier where you could touch one -- you know, stand at one and touch the other, that's where we would have bought. We have bought in an area that we thought would be protected from that, so -- and earlier the gentleman spoke about how -- if you switch to one of the other -- yes. He was talking about how everything else around the McGee property is all developed, you know, he's talking about all the other subdivisions are now R-4 or R-8, he's forgetting this is a subdivision and we are not R-4 or R-8, nor do we want to be. De Weerd: Thank you. Any questions, Council? Bird: I have none, iMayor. De Weerd: Okay. Thank you. Also signed up is Matt Binford signed up against. M. Binford: I don't know if I can top that. Rountree: You can try. De Weerd: He said ditto on his wife's testimony. Binford: As well he should. De Weerd: Is there ianyone else who would like to provide testimony? M.Binford: Matt Binford, 3101 Mesa Way. The other concern I had, too, is where this road goes in. Ten Mile is a creek. It's, actually, not an irrigation canal. And it looks like you're putting a road right next to a canal. I don't know if the developer has actually met with the Corps of Engineers or referenced those individuals to see if runoff from the road -- if the appropriate setback is set from that road. So, it's more of a question than a -- Meridian City Council December 13, 2005 Page 33 of 43 De Weerd: Thank you. Thank you, would the applicant like to have the name for the record. • sir. Is there any further testimony? If there is not, opportunity to respond? If you will restate your Cronin: Eric Cronin, Roylance and Associates, 391 West State Street, Eagle, Idaho. De Weerd: Thank you. Cronin: I feel their concerns and I -- when we went to the drawing board, you look at the Comp Plan and it was my understanding it was low to medium density within I once it was annexed into the city that's the Comp Plan that we were to be designing off that's what generated our Comp Plan of and -- or, excuse me, our sketch plat here. As we have indicated, it Is a sketch plat. Things can change of opinion, something you look at as well as we do, and we believe the low to medium residential R-4 meets the area outside the box a little bit better than an R-2 zoning. And I guess that's all I have got to say. Any other questions for myself? De Weerd: Did you have a response to Mr. Binford's question as far as the road along side the drainage creek? Cronin: As far as drainage, we would, obviously, not drain right into Ten Mile Creek. At time of preliminary plat application what -- we would consult -- or the -- I would assume that the Corps of Engineers, different irrigation districts, et cetera, would require anything to be -- any requirements that they do have be addressed at that time. So, Yeah, those things will be looked into and there is no skating around that at all. De Weerd: Mr. Rountree. Rountree: Madam Mayor. There was testimony to the effect that in order to -- and these are my words -- buffer between the large lots, low density subdivision, and this transition piece, to have an intermediate zoning on Mesa Drive, which would be an R-2, which would be half acre plus lots, is that something the applicant is agreeable to? I mean these are the kinds of things we deal with with preliminary plats, so I'll take you back to that point. Cronin: Exactly. Yeah. And I understand that and I mean we are going to do, obviously, what the Council informs us to do on that matter, but I guess right now we are trying to get an R-4 zoning and -- but we would take consideration if a buffer zone is required, a portion, kind of like we saw on the last application, to moving east in that manner in an R-4. Something to be looked at, yes. Rountree: Thank you. De Weerd: Any other questions? Bird: Madam Mayor, I do -- Meridian City Council • December 13, 2005 Page 34 of 43 De Weerd: Mr. Bird. • Bird: -- have a follow up to Mr. Rountree's. I also agree -- it looks like -- I don't know what the existing lot -- what size that would be, but we are talking about five lots along there. In my feeble thinking, if we make this as an R-4 designation, then, when the preliminary plat comes through we are going to have a hard time making those existing five lots R -2s, if we have already zoned it as R -4s for their preliminary plat. I would like an answer right now if they would be willing to go with this annexation of having anything that faces Mesa an R-2 lot. Cronin: I looked at the applicants and it appears that they would rather see it as proposed to an R,4. De Weerd: Okay. Any further questions from Council? Bird: Just a statement. If they are going to insist on it, I can't support it as a complete R-4. I could support part of it as an R-4, but I can't support it all. Cronin: May I ask Mr. Bird how can we do something at this point so that we are not getting pushed batik? I mean I'm just asking. Bird: How we can do it, in my -- this guy will have to tell us yes or no, but my way of thinking is we could make this annexation stipulation that anything that faces Mesa has to be an R-2, the rest of it can be R -4s. And I have no problem with that. But this buffer thing is a real -- and I will tell you probably there is going to be people on Mesa Drive with their five acre deals coming in wanting R-4 zoning there, too. But right now, to make a buffer, I think as a Council we have the obligation to make it as easy a transformation as there is and I think by going just with those lots that face Mesa to the R-2 designation makes it feel a lot better to everybody and look a lot nicer. I have no problem with the R4 the rest of the place. I'm very happy that you come in with an R-4. But we are just talking about five lots, plus the existing lot as what I'm seeing up there. But if we -- as I understand it, if we give you an R-4 designation, then, when you come back with a preliminary plat, we can't require you to make those R -2s. Baird: Madam Mayor? De Weerd: Mr. Baird. Baird: Members of the Council, this points out the difficulty of trying to consider an annexation and zoning without the preliminary plat. What you had early tonight at the -- on another matter, it was easy to identify specific lots that were going to be one zone and specific lots that were going to be another and, then, the applicant was directed to bring you a specific legal description to separate those two zones. Here you have a concept plan and if you're just going to say, for example, that the lots along Mesa Drive would be one zoning and you don't know how big those lots are going to be, so they Meridian City Council • December 13, 2005 Page 35 of 43 0 don't have -- they won't have proper direction to bring you that legal description to separate between R-2 and R-4. So, unless planning has some other ideas to come up with, I can't see how you can do that with what's before you. Canning: And Madam Mayor, Members of the Council, no, I don't and I would like to take the opportunity to make one statement and that is I recognize that as a planner in Idaho I don't have many tools to give you when you make a decision. And I do want to remind you that your biggest tool is your decision on whether or not to annex a piece of property, because, then, we can address a lot of the issues or concerns you have with the particular development. In this case they are asking for the annexation and zoning without bringing you that particular development and we have struggled with this on the commercial properties. This is the first time someone has asked this of a residential property, but given the concerns of the neighbors, I think it may be even more of a struggle when we actually try and bring in a preliminary plat to meet your -- to meet the city's needs. De Weerd: Mr. Wardle. Wardle: Madam Mayor. Anna, I guess I'm a little confused. Is staff recommending approval of annexation or does staff comment on -- Canning: Given the concerns expressed tonight at this point I would say that it would appear that we are going to be struggling with this if we annex this without a preliminary plat. Wardle: But at the Planning and Zoning hearing staff was comfortable with a concept plan; is that correct? Canning: We had never particularly been comfortable with the concept plan. Yes. And the -- Wardle: It was recommending approval of -- Canning: Yes. And part of it is this is -- at the Planning and Zoning Commission level they tend to deal more with what the ordinance allows and what the ordinance doesn't allow. This is more of a political issue on whether or not annexation is appropriate and we weren't able to guide the Planning and Zoning Commission on what your answer would be. So, I just -- I guess I want to remind you that it's a key outstanding issue on whether this is even appropriate to bring forward to you. And given what I have heard you all say -- or at least Councilmember Rountree and Councilmember Bird say tonight, that I just wanted to remind you that that was an issue still. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council December 13, 2005 Page 36 of 43 Wardle: Follow-iup and approve the preliminary plat, if approved at? LJ question Anna, were we to annexation, what would be there need be, a Conditional Canning: The Council would approve the plat. Wardle: Okay. Canning: The -- if there were -- Wardle: A development agreement. accept recommendation for approval the process and the level for the Use Permit, where would those be Canning: Yes. And you would approve the development agreement. If there were a Conditional Use Kermit, it would depend on whether it was tied to the request as to whether or not you would approve it. But you would approve the plat. Wardle: Thank you. De Weerd: Now, Anna, as a break-in point, there is three pieces -- three parcels, it looks like, in this annexation request. Well, four if you count the second application. But can you break it at the one -- at the one parcel and designate that as an R-2 and the other -- the two to the east of it as an R-4? Is that a logical break? Canning: Well, it's logical for the purposes of preparing a legal description, but it may not be logical for purposes of a plat that the y propose The lot -- the annexation -- , I'm sorry, the zone boundary or district boundary needs to follow either the center line orr the lot lines of a yet undefined preliminary plat. De Weerd: Okay. So, I guess there is a couple of choices here. We can annex it and zone it R-4 in its entirety. You can annexation it and zone it R-2 in it's entirety. Or you can deny it. Is there one other option there, Mr. Baird? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Can I ask just real quick -- and maybe Mr. Baird might not know, but has the Council historically been able to down grade a zoning without the applicant's permission or request, I guess, is a question from me. Baird: Madam Mayor, Members of the Council, Councilmember Wardle, I was thinking of that exact question. You have got a specific request and the applicant has given you indications that they are inflexible in anything other than that request. So, it would probably make the most sense to go either up or down specific to that request, because that's what's before you. Meridian City Council December 13, 2005 Page 37 of 43 U De Weerd: I guess I would ask in the Comp Plan it is designated low density, but we do allow a one step up. You know, if you annexation it according to its Comprehensive (Plan designation, you're still abiding by your own plan, even though they didn't request Baird: Madam Mayor, that's correct. I mean it's technically, yes, it's correct. You are creating a situation where you have given somebody something that they are not really asking for. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And Charlie can either confirm or deny, but I don't believe that we have ever -- or would we ever want to change the application for the applicant, unless they are agreeable to it, and as I see it -- that's why I asked the applicant if he would be agreeable to R-2 along there, because as far as I'm concerned, the application is either annexed and zoned as an R-4, which they have requested, unless they would agree publicly to change some lots, I believe, then, we are obligated to either annex it as R-4 or deny it as R-4. De Weerd: Mr. Bird, I guess I said it was difficult to do, since there is no obvious line, because there is no plat. There is no -- Bird: That's what I mean. What I was thinking when I asked the gentleman here was anything that was facing Mesa Way, could that be -- you know, would they agree to R-2 on that. And that don't really put a line, other than anything that's touching Mesa Way. De Weerd: Mr. Rountree, did you have a question? Rountree: Well, I guess I just had a comment to that, a question. I don't know -- no answer or an answer to the affirmati affirmative in either case probably wouldn't change my mind much about how I feel about this application and these applications, without something more specific than a concept, ry given our histo with concepts and the difficulty they create, not only for the city, but for the applicant, quite frankly. So, we can talk about this all night where we want to or We can go around in circles trying to get to yes and if we are through talking about it, I would make a motion at this point, just for further comment, so if there is no morquestions for the applicant, I would move to close the Public Hearing. e De Weerd: Okay. Bird: If the applicant don't have anymore -- Meridian City Council December 13, 2005 Page 38 of 43 0 Cronin: I don't believe so. I just -- I didn't know the Council didn't enjoy -- not enjoy, but didn't -- have such a hard feeling about no no on the concept. If that was the feel that I would have come here today and potentially been denied, we might have rethought it at the first point, but we didn't want to go out and beyond what the -- put a whole bunch of work into something that would be denied anyway. Obviously, that's why we are here. And talking to staff it sounded as though what we had submitted was -- would suffice for what needed to be done for annexation and a rezone and I'm getting the feeling that maybe that was never okay by you guys and was kind of false led coming this far just to be kind of say, well, we don't like that and -- De Weerd: I think that staff, though, did give you that proceed at your own risk. Cronin: Not with flashing lights, I don't think so. And maybe -- I mean that's loose, but - De Weerd: So, I guess subtlety is not accepted, you have to hit them over the head with it. Canning: Yes. I'm known for being so subtle. De Weerd: I know. I'm surprised. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: It's not that we never have approved an annexation without a preliminary plat, but we certainly do encourage preliminary plats -- or at least this is one Councilman who does. De Weerd: And I think we have learned from that and especially in the residential end. Commercial is a little bit different. But when you have a residential component and it's up against residences, the only time, really, you have an opportunity is to do it with the plat, so the neighbors have an opportunity for meaningful testimony. Cronin: Yeah. I mean I guess it just should be stated for residential subdivisions to be considered for annexation and rezone that a preliminary plat be provided with and not just a concept plan. Baird: Madam Mayor? De Weerd: Yes, Mr, Baird. Baird: Madam Mayor, Members of the Council, I think your action on this tonight, no matter how it comes out, will give clear direction to staff and to the planning commission • Meridian City Council December 13, 2005 Page 39 of 43 on how you would prefer to see these matters in the future. So, I would encourageou to take that opportunity to provide that direction tonight. y De Weerd: Thank you, Mr. Baird. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I call the question. De Weerd: Okay. I didn't have a second. There is a motion to close the Public Hearing. Bird: Second. De Weerd: Okay. Baird: And, Madam Mayor, to make it clear, we are closing both public hearings? De Weerd: Yes, I am. We are -- the motion has already been said. All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Motion on Item 16. Do I have a motion on Item 16? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I got a statement for the applicant. And this is just a statement. We have in the past had a lot of R -8s that come in around R -4s and the applicants have been very good, which I think Anna can attest to, of making the lots that butt up to the R -4s, making them large like an R-4 within the R-8 and that's, basically, what we are asking of the applicant on this, just to make the Mesa ones something different. De Weerd: I guess I would take it one step further. I think what is being done on the east side of Mesa does set a precedent as to what's going to happen down the road and those are nice homes. It does risk a great investment and, you know, it is an urban area, but who would think that those nice large lots would be developed at those densities. It is nice to have the transition and that's what Council has been -- had a dedication to, seeing how we can transition particular situations like this and we will start getting that as we reach out into some of the developed county areas as well. So, with that said I -- Rountree: Madam Mayor, I guess I'd make a comment -- Meridian City Council December 13, 2005 Page 40 of 43 De Weerd: Yes, Mr. Rountree. CJ Rountree: -- on some of the learning that we might have done here this evening, both the applicants, residents, and Planning and Zoning staff, is that we are concerned about access to major facilities. I would have concern with this if it advances that properties that would remain with current access continue to have access on major arterials or minor arterials or collectors, for that matter. So, I would like to see those lots would access via the subdivision, as opposed to -- in this case Locust Grove or Victory. That we are consistent with the idea that the Council receives something more than a concept in terms of a development and that the concept at the preliminary plat is developed to the degree that it's been vented with the neighbors and an opportunity for the neighbors to have input, even though this neighborhood is not part of the city, nor will a portion of it be part of the city in the future. That we maintain our policy that talks about buffering development and I see no difference here than what Councilman Bird just talked about, that we have been consistent talking about buffering, whether it's R- 15, R-8, R-4, whatever, that's -- and that is a policy of the city. So, that's the kind of learning we can do here. Is this a particularly bad proposition for the city? Without something concrete I can tell you our experience without concrete proposals, it's bad for the city and it's bad for the applicant. We get into these continuous dialogues about, well, you did this six months ago and I assumed that this is what you meant and there is an expectation on the part of the applicant, there is an expectation on the part of the city, and there is an expectation on the part of the public that either came to support or oppose the project. And we have nothing concrete to support any of those expectations without a preliminary plat. So, having said that's what I learned tonight and, hopefully, know what we are going to do with this application, but I just had to say that. everybody else takes away a little nugget out of this thing and we go forward. I don't De Weerd: Thank you, Mr. Rountree. Mr. Wardle. Wardle: Madam Mayor, I'll expunge my nugget of wisdom that I took out of this. De Weerd: Expunge. Wardle: First off, I agree with a certain portion of the comments made about viability of the application and the ability to have a concrete plat in place. However, I disagree with the specific suggestion that R-4 is not an appropriate zoning for this piece of property. I disagree with some of the comments from the public that R-4 zoning designation indicates little tiny houses. That does not, in my experience, happen in the City of Meridian, and so I think I know where the applicant is going, but I'm not voting in the negative, because I -- for the single purpose that I feel that an R-4 designation would be appropriate at this location. De Weerd: Thank you. Now, you have heard the gamut. Do I have a motion? Meridian City Council December 13, 2005 Page 41 of 43 0 0 Rountree: Madam Mayor, I will move to get discussion. I move that we deny the request for annexation for Item 16, AZ 05-048 and Item 17, AZ 05-049. Canning: And direct staff to prepare new Findings? Rountree: And direct staff to prepare appropriate Findings of Facts and Conclusions of Law. Bird: I will second that. De Weerd: Okay. The motion -- the motion is to deny Items 16 and 17 and instruct staff to prepared the appropriate Findings. Is there any discussion? Mr. Bird, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, nay; Donnell; absent. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 18: Ordinance No. 05-1207 AZ 05-026 Request for Annexation and Zoning of 15.32 acres from RUT to R-8 zone for Hollvbrook Subdivision by Hollybrook, LLC — 3265 North Curt Drive and 540 East UStick Road: De Weerd: Thank you. Okay. Item No. 18 is Ordinance No. 05-1207. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1207, an Ordinance for annexation of property located in the southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-1 to R-8 in the Meridian City Code ordinance shall be filed with the Ada County'providing that copies of the assessor, the Ada County recorder, the Idaho State Tax Commission as required by law and providing a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Okay. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Hearing none, I would accept a motion on this item. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council December 13, 2005 Page 42 of 43 0 Wardle: I move that we approve Item 18, Ordinance No. 05-1207, with suspension of rules. De Weerd: Do I have a second? Rountree: Second. De Weerd: Okay, I have a second on approving Item 18. If there is no discussion, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 19: Executive Session per Idaho State Code 67-2345 (1) (f): De Weerd: Okay. Item 19 is an Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345 1 Rountree: Second. De Weerd: Okay. It's been moved and seconded. Invited participants would be Mrs. Canning, Mr. Brady, Mr. Watson, Mr. Baird, and Council Elect Borton. And Mr. Berg. One big party. Bird: One big party. De Weerd: So, Mr. Berg, will you, please call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Rountree: Second. Meridian City Council December 13, 2005 Page 43 of 43 De Weerd: Okay, all those in favor say aye. THREE AYES. ONE ABSENT. MOTION CARRIED. De Weerd: I would entertain a motion to adjourn. Bird: So moved. Wardle: Second. De Weerd: All those in favor? THREE AYES. ONE ABSENT. MOTION CARRIED. MEETING ADJOURNED AT 10:06 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTESTE G. BERG, • 1,9,PC/ DATE APPROVED Of 1 1R., , IER T � • December 8, 2005 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of November 15, 2005 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: Contacted: Emailed: COMMENTS Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 December 8, 2005 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of November 22, 2005 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. December 8, 2005 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT ITEM NO. 5-C REQUEST Resolution — Declaring the intent of the City of Meridian to Offer Exchange for certain Real Property located at 55 East Broadway Avenue in the City of Meridian legall described as Lot 20 of Block 1 of the Mgridian Townsite; instructing the City Clerk to establish and notice a hearing 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 Resolution OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 0 CITY OF MERIDIAN RESOLUTION NO. 0 5 — 4 ? 5 - BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO OFFER FOR EXCHANGE CERTAIN REAL PROPERTY LOCATED AT 55 EAST BROADWAY AVENUE IN THE CITY OF MERIDIAN AND LEGALLY DESCRIBED AS LOT 20 OF BLOCK 1 OF THE MERIDIAN TOWNSITE; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED EXCHANGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, whenever the City Council proposes to exchange any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth an explanation of the intended exchange; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that the property be offered for exchange, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, exchange any city -owned real property for real property of equal value pursuant to terms which shall be a matter of public record; and, WHEREAS, the proposed transaction would exchange the city -owned Lot 20 for the privately owned lot 22, and would result in the city -owned parking facility being shifted to lots 21 and 22; and, WHEREAS, following the declaration of intent, the City Clerk shall publish a summary of the action taken by the city council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date of the hearing; and, NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That it is hereby declared that the City of Meridian intends to offer for exchange certain real property located at 55 East Broadway in the City of Meridian and legally described as Lot 20, Block 1 of the Meridian Townsite for a lot of equal value, to wit: Lot 22, Block 1 of the Meridian Townsite. Resolution Declaring Intent to Exchange Real Property Pagel of 2 9 • Section 2. That the City Clerk is hereby instructed to publish a summary of this declaration if intent and establish a public hearing date to review the proposal to exchange the real property. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of C.eh-v%Lu , 2005. P ` �r ` day of APPROVED by the Mayor of the City of Meridian, Idaho, this 2005. APPROVED: e``1114a�fthBiaiP/P6 MA Crr e ATTEST: CITY CLERK, l3 -A- Resolution Declaring Intent to Exchange Real Property Page 2 of 2 December 8, 2005 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT ITEM NO. S -D REQUEST Approve Adult Business License Renewal for Paul McLeod / Valley Video at 433 North Main Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. December 8,2W5 MERIDIAN CITY COUNCIL MEETING 0 December 13, 2005 APPLICANT ITEM NO. S -E REQUEST Approve Pawnbroker's License Renewal for Terry Stewart 1 Benny's Pawn at 451 North Main Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. L December 8, 2005 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT ITEM NO. 5-F REQUEST Approve Pawnbroker's License Renewal for Paul Watson / Meridian Coin and Pawn at 1550 North Main Street AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 8, 2005 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT ITEM NO. S -G REQUEST Well No. 20B Power Easement for Idaho Power Company AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: , Q CITY WATER DEPT: 11� 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. Memo To: Will Berg; Tara Green From: Jon Mill's, Staff Engineer CC: File Date: 12/5/2005 Re: Proposed Agenda Item for December 13, 2005 City Council Meeting d 1 The Public Warks Department respectfully requests the following item be placed on the December 13 City Council agenda, under Consent Agenda, for Council's consideration: Well No. 20B Power Easement An easement from the City of Meridian is required by Idaho Power before they will install the transformer at the well building site. Recommended Council Action: The Public Works Department recommends that City Council approves the Power Easement for Well No. 20B 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 aEasomefit*rganization AnMACMPCanpoy (Underground) CITY OF MEBi ?IAN & Ct>iporgtiflri, Grantors) of ADA County, (Use the tege»y registered nerne of the organization.) State of IDAHO , does hereby grant and convey to IDAHO POWER. COMPANY, a Corporation, with its principal office located at 1221 W, Idaho Street, Boise, Idaho, its licensees, successors, and assigns, Grantee, for Out Dollar and other valuable considerations, receipt of which is hereby acknowledged, a permanent and perpetual casement and right-of-way, sufficient in width to install and maintain: an underground electric', power line and related facilities, including, but not limited tp, above -ground pad -mounted transformers, with the right to permit the use of cables acid conduits of athcr pparties (collcctival�j, the "ftieilities"), including the perpetual right of ingress and egress, at all roasonabic times, to construct; maintain, and repair the faci]ities over, throng under, and across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trenches for the location of the ilities, and the furthtr right to romove trcas, bushes, sod, flowers, shrubbery, and other obstructions and imprc merits interfering with the 1 cation, constructiaq and tnaintenaucc of the facilities, over, on, and across the following preraises, belonging to the said Grantors) in Ada uniy, State of Idaho in the following location, to -wit: s5E ATTACHMENT EXHIBIT A The facilities generally will consist of buried power wires, aboveground pad -mounted transformers, junction boxes, cables and conduits, and other oquipmcnt, part of which may extend) above ground. Executed and delivered this _ day of ' , Work Order#: 27213142 Signaturc(m) oP Grantor(s) (lnc/ude title iawkere applicable): STATE OF ss. County of I, the undersigned notary public, do hlereby certify that on this � day of , 20—, personally appeared before rale (individual'sNanze including Mlle after each name) who. being by me first duly sworn, declared they are respectively the duly authorized persons of (Organisation Name) that he / she / they signed the foregoing document, and acknowledged to me that he / she / they executed the same as the free act and deed on behalf of said organization. (Notary Seal) Notary Public Residing at Commission expires Row 0132c (4M Refer to the attached sheets for instructions on how to notarize easements, CP Notarizing Easements The following are brief explanations and examples. Specific questions should be directed to Your Notary. Note. The name of each individual who signs the easement must be listed separately in the notary block. Corporations A corporation must be registered with the Secretary of State in order to do business within the state. Generally, two or more of the corporation's officers (for example, the president and vice president, and some assistant vice presidents), authorized to sign on behalf of the company, sign the easement. The officers should sign as individuals, with their title listed next to their signature. The secretary, treasurer, or assigned party should witness the signatures. However, some corporations might have resolutions allowing one officer or manager to sign.. This should be confirmed The corporation's seal can be alTmd next to the signatures, but is not required. Individuals Parties having an interest in the property,,either as owners, leasehold owners, or contract buyers (unless they are buying property through a corporation or LLC, then they sign the name of the organization and list their titles) should sign as individuals, using their full personal names, including middle initials (if normally used). if an individual purchases property and then changes his or her name, he or she should sign using the name of record, followed by the new name: Example: Sally Smith purchases Property Ain 1991. Sally Smith marries Richard Jones in 1995 and changes her name to Sally Jones. Sally Jones grants an easement over Property A in 1997. Sally should sign the easement "Sally Jones Smith" or "Sally Smith Jones" (the order of last names is determined by the Grantor). All the owners of the property must sign the easement. Infomial Partnership An informal partnership is not recorded with the State. An example would be a father and son-in-law (who have purchased property to fix and sell later). If their spouses are not involved in these partnerships, they need to add next to their name "sole and separate property." Example: Bill Jones, a'married man, as his sole and separate property and Rick Wonder, a married man, as his sole and separate property Limited Liability Corporations (LLC) A LLC must be registered with the Secretary of State in order to do business within the state. LLCs are either member -managed (titles can include "current member" or "member") or manager. -managed (titles can include "director," "member," "owner," etc.) Examples: David S. Jennett, President (or other officer) David S. Jennett, a current member David S. Jennett, a member Limited Liability Partnerships (LLP) A LLP must be registered with the Secretary of State in order to do business within the state. LLP is a variation of a partnership. partnerships are either General or Limited. Examples: Jake Jones, a general partner Jake Jones, a limited partner Page 1 of 3 Limited Partnerships (ILP) 0 0 A Limited Partnership must be registered with the Secretary of State in order to do business within the state. LP is a variation of a partnership. Example: Jake Jonas, a limited partner Municipality (City, County, Townships) Generally, at least two otridials sign unless the munioipality has hired a manager who is legally authorized to act on behalf Of the municipality and who signs the easement, They should sign as individuals, with their title or position listed next to their signature. The municipality's clerk must witness the signatures. Partnerships A partnership must be registered with the Secretary of State in order to do business within the state. A partnership is.composed of two or more persons having joint interest in the property. If the partnership is a General -Ra ership, any Ono Pr the !park= may sign. if the parmership is 91 "imited RaFtinorship, at Wak balf ef 6c total numher Of partners must sign. For example, ifthe Limited Partnership consists of four partners, two signatures are required. Partners sign as individuals, using their full personal name, followed by the phrase "a partner." Examples: Matthew S. Purdue, a general partner Matthew S. Purdue, a limited partner Matthew S. Purdue, an owner/partner Power of Attorney When someone presents a recorded Power of Attorney, he or she may sign for any individuals indicated in the recorded Power of Attorney document only. The person vested with the Power of Attorney should sign the properly owner's name, followed by the Power of Attorney's name and the words "Power of Attorney." Example: Paul and Blaine Pierce grant power of Attomey to Nancy Ward via a recorded Power of Attorney document. If Nancy were to sign an easement across Pierce's property, she should sign it as follows: Paul Pierce Elaine Pierce By Nancy Ward, Power of Attorney The Power of Attorney mast be recorded in the county where the property described in the easement is located. A copy of the recorded Power of Attorney should be attached to the easement, The County may refuse to record any documents if the Power of Attorney isn't recorded within that county. As a Notary, you can ask for proof of authorization to sign on behalf of the individual. Professional Association and Professional Corporations They purchase. this designation from the state and must be registered with the Secretary of State in order to do business within the state. They are either member -managed (titles can include "current member" or "member") or manager -managed (titles can include `director," "member- "owner," etc.). Examples: David S. Jennett, President (or other officer) David S. Jannett, a current member David S. Jennett, a member Religious organizations At least two members (for example, a board member or counoil °member), legally authorized to grant property rights on behalf of the organization„ should sign the easement. They should sign the easement as individuals, with their title or position within the organization listed next to their signature. If the religious organization is incorporated, the organization's seal can be affixed next to the signatures, but is not required. Page 2 of 3 School Districts 0 At least two school board members, authorized to act on the school district's behalf; should sign the easement. They should sign as individuals, with their title listed next to their signature (for example, Chairman or Board Member, Trusts The Trustee named in the Trust should sign as an individual, followed by the word "Trustee" and the name of the Trust listed under his or her signature. Example: John Q. Smith, Trustee Smith Family Trust The Trust is generally kept by the person who set up the Trust, but copies or portions of copies are provided to banks, accountants, and attorneys. As a Notary, you can ask for proof of authorization to sign on behalf of the Trust Page 3 of 3 CITY OF MERIDIAN PUMP #20 UNDERGROUND CABLE NOTES STATION CABLE CABLE I TRENCH JCONDUITCONDUIT SIZE LENG H LENGTH SIZE LENGTH F-73 TO UK -20 310 -8 740 120 1 4" 1 120 10K 50 C50 C FPI C25 C ATTN. MAPPENS ALL POINTS HAVE BEEN CPS'D INSTALL 3 PHASE 34.5 500 KVA TRANSFORMER CT AT TRANSFORMER 20 T INTO EXISTING 4" UUK 20 C NDUITS AND RE—ROUTE TO #1 N W 500 KVA TX75 / m 2573 fff 2 RUNS OF 4" '� TIS 1 SDE 2500. 75 i 75 CONDUIT 2q,vs'Tlcxcxn t 25K • 27213142 11'/0 1 /05UK _�O,�, STP LCS7044 T aEasementrganization • AnwaeoaPeomoaor (Unde�jround) CITY OF MERIDIAN it Corporation, Grantor(s) of ADA County, (Use the legally registered name of the organizatlon.) State of IDAHO S does hereby grant and convey to IDAHO POWER COMPANY, a. Corporation, with its principal office located at 1221 W. Idaho Street, Boise, Idaho its licensees, successors, and assigns, Grantee, for One Dollar and other valuable considerations, receipt of which is hereby acknowledged, a peralrn and perpetual casement and right-of-way, sufficient in width to install and maintain: an underground electric power line and related facilities, incl ding, but not limited to, above -ground pad -mounted transformers, with the right to permit the use of cables mid conduits of other parties (collectively$ the "facilities"), including the perpetual right of ingress and egress, at all reasonable times, to constru4 maintain, and repair the facilities over, through,; under, and across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trenches for the location otthe facilities, and the further right to remove trees, bushes, sod, flowers, shrubbery, and other obstructions and improvements, intcrfcring with the location. construction, and maintenance of the facilities, over. on, and across the following premises, belonging to the said Gzantor(s) in Ada unty, State of Idaho in the following location, to -wit: SEE ATTACHMENT EXHIBIT A The facilities generally will consist of buried power wires, above -ground pad -mounted transformers. junction boxes, cables and conduits, and other equipment, part of which may extend Ivo ground. Executed and delivered this day of , Work Order#: 1 27213142 Signatare(s) of Grantor(s) (Include title tykere applimbl e); STATE OF ss. County of I, the undersigned notary public, do hereby certify that on this personally appeared before me day of , 20—, (Individuals Name including title after each name) who, being by me first duly sworn. declared they art respectively the duly authorized persons of (Organization Nasse), that he / she / they sighed the foregoing document, and acknowledged to me that he / she ( they executed the same as the free act and deed on behalf of said organization. (Notary Seal) Notary Public 14siding at , Commisf ion axpires Rawa=(40) Refer to the attached sheets for instructions on how to notarize easements. cP C� Notarizing Easements 0 The following are brief explanations and examples. Specific questions should be directed to your Notary. Note. The name of each individual who signs the easement must be listed separately in the notary blocks Corporations A corporation must be registered with the Secretary of State in order to do business within the state. Generally, two or more of the corporation's officers (for example, the president and vice president, and some assistant vice presidents), authorized to sign on behalf of the company, sign the easement. The officers should sign as individuals, with their title listed next to their signature. The secretary, treasurer, or assigned party should witness the signatures. However, some corporations might have resolutions allowing one officer or manager to sign. This should be confirmed before accepting one signature. The corporation's seal can be affixed next to the signatures, but is not required. Individuals Parties having an interest in the property,,either as owners, leasehold owners, or contract buyers (unless they are buying property through a corporation or LLC, then they sign the name of the organization and list their titles) should sign as individuals, using their full personal names, including middle initials (if normally used). If an individual purchases property and then changes his or her name, he or she should sign using the name of record, followed by the new name: Example: Sally Smith purchases Property Ain 1991. Sally Smith marries Richard Jones in 1995 and changes her name to Sally Jones. Sally Jones grants an easement over Property A in 1997, Sally should sign the easement `Sally Jones Smith" or "Sally Smith Jones" (the order of last names is determined by the Grantor). All the owners of the property must sign the easement. Informal Partnership An informal partnership is riot recorded with the State. An example would be a father and son-in-law (who have purchased property to fix and sell later), if their spouses are not involved in these partnerships, they need to add next to their name "sole and separate property." Example: Bill Joneso a married man, as his sole and separate property and Rick Wonder, a married man, as his sole and separate property Limited Liability Corporations (LLC) A LLC must be registered with the Secretary of State in order to do business within the state. LLCs are either member -managed (titles can include "current member" or "member") or manager -managed (titles can include "director," "member," "owner," etc.). Examples. David S. Jonnett, President (or other officer) David S. Jiennett, a current member David S. Jonnett, a member Limited Liability Partnerships (LLP) A LLP must be registered with the Secretary of State in order to do business within the state. LLP is a variation of a partnership. Partnerships are either General or Limited. Examples: Jake Jones, a general partner Jake Jones, a limited partner Page 1 of 3 Limited Partnerships (4, P) 0 0 A Limited Partnership must be registered with the Secretary of State in order to do business within the state. :LP is a variation of a partnership. Example: Jake Jones, a limited partner Municipality (City, County, Townships) Generally, at least two officials sign unless the municipality has hired a manager who is legally authorized to act on behalf of the municipality and who signs the easement. They should sign as individuals, with their title or position listed next to their signature. The municipality's clerk must witness the signatures. Partnerships A partnership must be registered with the Secretary of State in order to do business within the state. A partnership is composed pf two or more persons having joint interest in the property. If the partnership is a General Partnership, any one of the of may sign. If the partnership is a Limited Partnership, at least half of the total number of partners must sign. For eXample, ifthe Limited Partnership consists of four partners, two signatures are required. Partners sign as individuals using their full personal name, followed by the phrase"a partner." Examples: Matthew $. Purdue, a general partner Matthew S. Purdue, a limited partner Matthew $. Purdue, an owner/partner Power of Attorney When someone presents a recorded Power of Attorney, he or she may sign for any individuals indicated in the recorded Power of Attorney document only. The person vested with the Power of Attorney should sign the property owner's name, followed by the Power of Attorney's name and the words "Power of Attorney." Example: Paul and Elaine Pierce gram ]Power of Attorney to Nancy Ward via a recorded Power of Attorney document, If Nancy were to sign an easement across Pierce's property, she should sign It as follows: Paul Pierce Elaine Pierce By Nancy Ward, Power of Attorney The Power of Attorney most be recorded in the county where the property described in the easement is located. A copy of the recorded Power of Attorney should be attached to the easement. The County may refuse to record any documents if the Power of Attorney isn't recorded within that county. As a Notary, you can ask for proof of authorization to sign on behalf of the individual. Professional Association and Professional Corporations They purchase this designation from the state and must be registered with the Secretary of State in order to do business within the state. They are either member mAnaged (titles can include "current member" or "member") or manager -managed (titles can Include "director,"' "member," "owner," etc.). Examples: David S. Jennett, President (or other officer) David S. Jennett, a current member David S. Jennett, a member Religious Organizations At least two members (for example, a board member or council member), legally authorized to grant property rights on behalf of the organization, should sign the easement. They should sign the easement as individuals, with their title or position within the organization listed next to their signature. If the religious organization is incorporated, the organization's seal can be Fixed next to the signatures, but is not required. Page 2 of 3 School Districts • �J At least two school board members, authorized to act on the school district's behalf, should sign the easement. They should sign as individuals, with their title listed next to their signature (for example, Chairman or Board Member). Trusts The Trustee named in the Trust should sign as an individual, followed by the word "Trustee" and the name of the Trust listed under his or her signature. Example: John Q. Smith, Trustee Smith Family Trust The Trust is generally kept by the person who set up the Trust, but copies or portions of copies are provided to banks, accountants, and attorneys. As a Notary, you can ask for proof of authorization to sign on behalf of the Trust. Page 3 of 3 • December 8, 2005 MERIDIAN CITY COUNCIL MEETING December 13,2W5 APPLICANT ITEM NO. S -H REQUEST Streetlight Agreement for Settlement Bridge No. 3 by Capital Development 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: r CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 01108108 10:00 AM RDEPUTY Bnis ECORDED -REQUEST OFg II I I I II II I II I II I II I II II I II I I IIII I III Meridian City 106002634 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Capital Development, pertaining to the streetlights in SETTLEMENT BRIDGE #3, a type development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Capital Development has provided 2 street light poles, concrete pole bases, fixtures, bulbs, and components to the type development known as SETTLEMENT BRIDGE #3 in Meridian, Idaho. The parties acknowledge that the 2 street light poles and appurtenances were specially ordered items, not customarily used in type developments in Meridian, Idaho. 2. Capital Development, 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 Capital Development, or its heirs, successors and assigns, shall keep the lights operational at all tunes, 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 2 street lights located in SETTLEMENT BRIDGE #3 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 ofr' type. 5. It is understood and agreed that Capital Development will assign its rights and obligations hereunder to SETTLEMENT BRIDGE #3 Homeowners Association when said Owners Association is formed and operational. STREET LIGHT AGREEMENT Pagel of 3 • • J&ff/e Hurt Rri W�c `3 This AGREEMENT shall be binding on wV-14omeowners Association, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this ATTEST: G. Berg, Jr., City Approved by City Council on: ATTEST: Secretary /©— day of 6'C4 '? , 20 O$` CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By �2 Gnu ^gra e lilt• "I.r''' Capital Development STREET LIGHT AGREEMENT Page 2 of 3 STATE OF IDAHO, ) . ss. County of Ada, ) On this P'd-ay of 211 > 20�before me, the undersigned, a Notary Public in and said State,rsonall appeared TAMMY DE WEERD and Pe Y eare PP 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 0690._ STATE OF ,) . ss. County of ,) .110 - 4L"-) NOTARY PUBLIC FOR IDAHO RESIDING AT &Cf 2e�� MY COMMISSION EXPIRES On thiscZday of mmxr- . 20o before me, the undersigned, a Notary Public in and for said State, personally appeared "Aano Jocg wr, and known to me to be the PresideM and Secretary of Capital Development, an& 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. SEAL JUtJE A. Ml3ADER Notary Public State of Idaho 0 u-� n�,,w NO ARY PUBLIC FOR IDAHO RE91DING AT �o;se, t c) MY COMMISSION EXPIRES MY CONMUSSt)N E7p'um May A =0 aOr=T=VN0T"YrUZ=U4UWtt= STREET LIGHT AGREEMENT Page 3 of 3 • City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 12/5/2005 Re: Proposed Agenda Items for 12/15/05 City Council Meeting The Public Works Department respectfully requests that the follovAng items be placed on the 12/15/05 City Council agenda, on the Consent Agenda, for Councirs consideration: 1) Streetlight Agreement for Settlement Bridge #3 by Capitol Development. Typical Streetlight Agreement Recommended Council Action: Approve the Streetlight Agreement for Settlement Bridge #3 by Capitol Development and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 Dec 02 2005 1:0GpM Dec. I. 2DD5 4:27PM CTRL DEVELOPMENT 2753271 p.2 No.2123 P. 2/4 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF M UMIM and Capitol Develllpment pertaining to the street lights in Settlement Bridge-jU, a residential development in Meridian, Idaho. For good mad valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. C, jW DCMIopment has provided Zea. Single head strict light poles, concrete pole bases, fi7d Cres, bulbs, and components to the residential development known as Settlemen rid" #3 in Meridian, Idaho. The patties acknowledge that the Zea. Single street light poles and. appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Capitol Deyelopmeat, or it's assigns, agree to replace, repair and provide any re4ained rnaintenetrc� of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or requiro maintenance, at its own expenso; and it is further agreed that Capitol DWelopment, or its heirs, successors and assigv4 i shall keep the lights operational at all times, it being understood by the City that bulbs, andlor ballast, do burn out and that the City will allow reasonable time to 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the Zea. E4Wc head street lights located in Settlement Bridge #3 in the usual and customaty 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 Schodale 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 ofthe "fail off, type. S. It is understood and agreed that Capitol Develogment will assign its rights and obligations boreunder to when said Homeowners Association is formed and operational. STRMT LIGHT AGREEMENT page I Dec 02 2005 1:06PM CIDTRL DEVELOPMENT Dec. 1. 2005 4:28PM 2753271 No -2123 P- 3/4 This AGRgBMENT shall be binding on Capitol Development 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 By ATTEST: 'DVilliam 0. Berg, Jr., City Cleric Capitol Development 13y ATTEST: Secretky mayor, De Weerd STREET LIGHT AGREEMENT Page 2 p.3 Dec 02 2005 1:06PM Dec. 1. 2005 4:28PM STATE OF IDAHO, ) CTRL DEVELOPMENT 2753271 p.4 No -2123 P. 4/4 ss. County of Ade, ) On this — day of 20 , bafore roes the undersigned, a Notary Public in and for said State, personally appeared Mayor DE WEERD and WILLIAM G. BERG, a, 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 WBERE01?, I have hereunto set my band and mixed my official seal the SERI. NOTARY PUBLIC FOR IDAHO RESIDING AT MY CONIlVIISSION EXPIRES STATE OF ,) County of ,) in S& On this .1 s tlay of December 2005, bef ore rne, the undersigned, a Notary Public and for said State, personally appeared Ramon Yorgason and it " o ason kno m to me to be the President and Secretary of �?a1 De��,z�pmnt I-nc : end vvha executedrthe�►ithin irtsbvm�ent-on-behalfofsaid---- oration, acknowledged tome that said corporation executed the same. IN WITNESS WHEREOF, i have hereunto set my hand and aTIxed my official seal the day and year first above written. "`A DeUONA D. LUKE NOTARY PUBLIC STATE OF IDAHO STREET LIGHT AGREEMENT NOTARY PUBLIC FOR IDAHO RESIDING AT Boise, Idaho MY CObINUSSION E7(PUtISS 10/24/11 Page 3 0 . December 8, 2005 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT ITEM NO. 54 REQUEST Change Qrder No. 1 for the WWTP Standby Power System Procurement with Westem States Equipment Corporation 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: V-9-1 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. City of Meridian Public Works Dept. Memo To: Will Berg; Tara Green From: Clint Dalsby, Staff Engineer CC: Brad Watson, Public Works Director Dante: 12/07/2005 Re: Proposed Agenda Items for December 13, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the December 13 City Council agenda, under Consent Agenda, for Council's consideration. * 1. Change Order No. 1 for the WWTP Standbv Power Svstem Procurement_ Additinnni generators are required for the completion of the WWTP Standby Power System Procurement. This change order consists of the following work: Purchase of Generators 3 and 4. Mechanical and electrical installation of Generators 3 and 4. Western States Equipment Corporation submitted a cost for this change order as summarized below: $208,120.60 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the WWTP Standby Power System Procurement with Western States Equipment Corporation for $208,120.60 and authorize the Mayor to sign it. 2. Meridiani Wastewater Treatment Plant MCC 4 Replacement DC Engineering, Inc. has submitted an agreement for professional services, scope of work, and budget for the engineering services. They propose to complete the work for $4,000. DC Engineering, Inc. is a subconsultant to Carollo Engineers on the Wastewater Treatment Plant Expansion Project that was approved by City Council on the 26t�' of October, 2004. 0 Page 1 • This project generally consists of the replacement of the pneumatic valves with electric valves and changing the current control system to a new PLC based control system. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Meridian Wastewater Treatment Plant MCC 4 Replacement with DC Engineering, Inc. for $4,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 2 Len Grady November 21, 2005 City Of Meridian Public Works RE! City Of NL-ri Dear Mr. Grady Please find enclosed our project change order for the installation of generator's three and four at the Meridian WWTP. Generator3..........................................................................$82,866.30 Generator4..........................................................................$82,866.30 Generator Service installation of generators into building includes cranes ..$6,500.00 Switchgear startup and testing of complete system including gen's 3 & 4...$4,500.00 - - Exhaust thimbles for 3 & 4 installed ................... - - d _ 4,000.00 Electrical installation includes cable and conduit and all connections ........ $15,400.00 Mechanical installation of exhaust piping, fuel lines, removal and reinstallation of Louvers. Installation of new motorized louvers in existing roof openings.. ...$9,988.00 Engineeringfee's.....................................................................$2,000.00 TOTAL QUOTE AMOUNT.....................................................$208,120.60 Includes all construction permits If You require further information, please see call me at 208-9474545 Sincerely Tim Ho ing Industrial Sales 0 • December 8, 2005 MERIDIAN CITY COUNCIL MEETING December 13,2W5 APPLICANT ITEM NO. S -J REQUEST Hook-up to City Services for Edward and Loretta Sweet - Outside City Limits (2640 North Meridian Road) 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: ,JZ/ CITY SEWER DEPT: v CITY PARKS DEPT: V MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ueo uc ua uY r e l p uHv 1 U He MO I RR ELCox ADA COUNTY RECORD J. DAVID NAVARRO AMOUNT .00 ; pet 2 20-.35 1 C : 49AM . BOISE IDAHO 1213104 AM DEPUTY RECORDED-REQUEST OF 105195841City of Meridian AGREEMENT FOR HOOKUP TO TSE CTTY OF lY1ERMAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS TH38 AGREEMENT is made and entered into this - day oQ 2005, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CI'T'Y", and Edward & Loretta Sweet, as hereinafter defined and hereinafter referred to as "SEWER/WATFh USER". 1-1 WHEREAS, "Sawer/Water User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described as Lot l Hlo& 1 as listed in Preliminary Plat of Windham Place Subdivision dated 9/30/05, and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to estabbsh, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "CiW' operates and maintains and develops as Sewer/Water system; and 14 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 94-26 and 9-1-16; and 1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and L6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City' is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its Sewm/Water system be included as terms and conditions ofthis agreement and that the "Sewer/Water User" provide perpetual consent to annexation of the ".Real Property" in to the "City'. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIANS SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - i U00 Ue UZ U4;eip UHVIU a MU1KH LLUUX eUe3317U4U Dec. 2. 2005 10:49AM 40 No.0011 P. 4 2. DEFINITIONS: For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise:. 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": mcans and shall refer to and/or the person who is the owner of the real property. 2.3 "Real Property"- means and shall refer to certain parccl(s) of real property located in the County of Ada, City of Meridian as described as Lot 1 Block 1 as listed in Preliminary Plat of Windham Place Subdivision dated 9/30105 and by this reference incorporated herein as if set forth at length together with improvements thereon 2.4 "Ordinance": means and shall refer to the City=s ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Meridian City Code § 94-26 and 9-1-16. and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts dwreoZ and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 "Policy/Regulationis": rneans and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the City�s Sewer/Water system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth is fwl. 4. PROVISION OF SEWER/WATER HOOKUP SERVICE: The "City" agrees to provide a connection to the "Sewer/Water System" to service the "Real Property" subject to the terms and conditions of this Agreement_ AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER f WATERSYSTEM OUTSIDE THE CITY LIMITS —2 F.3 Lev uc U0 U%:CIP UhvtU & MUIRH LLUUX 2063317040 p.4 Cec• 2. 2005 10:50AM • 0 No -3017 P. 5 5. CONDMONS AND REQVIREMENTS OF SEWER/WATER USER FOR THS HOOKUP OF THE $EWER/WATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User"_ 6. ORO MANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water service and connecd '1511 lRd We c—Mn Inco specific terms tif VMS agr and at s me o times as the "Ordinance" and/or "Poliay/Regulationa" is/are amended or recodiiled, this agreement is automatically amended in accordance therewith 7. ANNEXA770N-- At such time as the real property becomes legally eligible for annexation into the "City", the At User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with LC_ § 50-222 or any amendments or recodification of said statute. S. HOOKUP AND SERVICE FEES: The charges far hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. h. REQUIREMENT FOR RECORDATION; "City" shag record either a memorandum of this Agreement or this Agreement, including all of the ]S)"M% at "Sewer/Water User" cost, and submit proof of such recording to "Sewer/Weter User". 10. DEFAULT - default" Any failure to perform the terms and conditions of this agreement shall be a 11. REMEDIES. - 11. 1 EMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction AGREEMENT FOR HOOKUP TO THE CPIY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CPl'Y LIMITS -3 'fat• 2. 2005 10:50AM �J VIU 1 KM tL.L;UX is 2083317040 p,S 0 No•30)7 P. 6 by either "City" or "Sewer/Water User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the Cityinclude but are not limited to, termination of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaultin&party shall then have thirty (30) days after delivery of notice of de'f'ault to corroct the same before the non -defaulting party may seek any Muir 11,3 In the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" or "City" is delayed for causes which are beyond the reasonable control ofthe party responsible for such Performance, which shall include, without limitation, acts of civil disobedience, stn'kes or similar causes, the time far such performance shall be extended by the amount of time of such delay. 12. N077CES: 12-1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered ifand when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows - CITY: PROPERTY OAR: C/o Meridian City Engineer Edward & Loretta sweet City ofMeddian 2640 N Meridian Rd 200 E. Carlton, Suite #fol Meridian 1D 83642 Meridian, Jdaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with•tbr requirements of this section. 13. ATFORMY FEES: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY UMITS -4 2. 2005 10:50AN ••--"•L.L44UA 2093317040 10 00-3011 P. 1 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 maybe to court costs and reasonable attojurisdiction. granred, This provision shad be deemed to b�sep ate Contract between the partiCqurt Of es and halSurvive n default, termination or forfeiture of this Agreement.any 14_ TMM IS OF THE ESSENCE. The parties hereto acknowledge and armee that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely re a big Agreement by the other party so failing to perform is. 13MING UPON SUCCRSSORS, This Agreement shall be binding upon and inuire to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including authorities and their successors s- corporate in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquirin Nothing herein shall in anyway prg an interest in the Property. event sale or alienation of the Property, or portions thereof except that my sdc or -alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed, 16, INVA L10 PROVISION-. If any provision ofthis Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised there from and the invalidity thereof shall not affect any of the other provisions contained herein. 17_ FINAL AGREEMENT-. This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" and -City"relative to the subject natter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Sewer/Water User" and "City", other than as are stated herein- Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this A►greernent shell be binding; upon the parties hereto unless reduced to writing and signed by them OF their successors in interest or their assigns, and pursuant, with respect to ,City", a duly adopted resolution of Ci13e,, AGREEMENT FOR HOOKUP TO THE CM OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -5 p.6 Ueo Ue U5 U4:eep UHV1U & MUIRH tLCUX Dec. 2. 2005 10:50AM 18, TERMINATION: 2UH3317U411 p.7 0 No.3017 P. 8 At such time as the "Regi Property" is annexed into the City@ this agreement shall terminate except for any deAult that exists at such tune shall still be enforceable pursuant to the terms of this agreement. 19_ EF ECT1'V1Lr DATE: This Agreement shall be effective at such time as both parties have exervted this Agreement, IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Property Owner Edward Sweet �`Zoretta t CITY OF MEIi1DlAN By ---j ATTEST_ �N�•a%% Of f WILLIAM G. BERG, JR., CITY BY RESOLUTION NO. AGIIEEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMM b.-, Uwn0, :.a -I3 -os —6 Dec 02 05 04:22p Dec. 2. 1005 10:50AM SATE OF IDAHO, ) County of Ada) DAVID L MOIRA ELCOX 0 2083317040 p.8 0 No -3017 P. 9 On this 0 (0 day of D t;. c.. t nbZ _�, in the year 2005, before me, the unriPrciu o NnTb„_�+1 +h1ir personally appeared, Edward and I arm -a SV1r?.P l kaoum or identified to me to be the property owners, who executed the instrument S* the daffy. (SEAL) STATE WHEREOF, I have hereunto set my hand and affixed my official ertificate first above.written. Notary M ' for Idaho Residing at: My Commission Expir . ss. County of Ada ) lLP On thist day of f `'' , in the year 2005, before me, the undersigned, a NotatyA—lic—,piersonally appeared TAMMY DE WEERD and WILLIAM. G. BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. 1N VATMSS WEMEOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: i Gbn id My Commission Expires: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYMM OUTSIDE THE CITY LIMITS -7 City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 12/8/2005 Re: Proposed Agenda Items for 12/13/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 12/13/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Hook-up to City Services - Outside City Limits (2640 N Meridian Rd) Request to Hook-up to City Services - Outside City Limits . Recommended Council Action: Approve the Hook-up to City Services - Outside City Limits for Edward and Loretta Sweet and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 Dec 02 05 04:21p DRVI16& MOIRR ELCOX 20833040 p.2 De:- 2. 2033 IC:49AM NO.3017 P. 3 AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWERtWATER SYSTEM OUTSIDE THE CITY LIMITS TATS AGREEMENT is made and entered into this day of , 2005, by and between CM OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and Edward. & Loretta Sweet, as hereinafter defined and hereinafter referred to as "SEWER/WATEk USER". 1.1 WHEREAS, "Sewer/Water User" is the sple owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described as Lot 1 Block I as listed in Preliminary Plat of Windham Place Subdivision dated 9/30/05, and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1_3 WHEREAS, "City" operates and maintains and develops as Sewer/Water system; and 14 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16; and 1-5 WHEREAS, the "Sewer/Water User" is the owner of `Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and I.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the "Sewer/Water User" provide perpetual consent to annexation of the ".Real Property" in to the "City". AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWERIWATER SYSTEM OUTSIDE THE CITY LIMITS -1 Dec 02 05 04:21p DAV16& MOIRA ELCOX 20833040 Dec. 2. 2005 10:49AM No -3017 P. 4 2. DEF 41TIONS: For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,, unless the clear context of the presentation of the same requires otherwise. 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Watcr User": means and shall refer to and/or the person who is the owner of the real property. 23 "Real Property": means and shall refer to certain parccl(s) of real property located in the County of Ada, City of Meridian as described as Lot 1 Block 1 as listed in Preliminary Plat of Windham Place Subdivision dated 9/34/05 and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City=s ordinances that appertain to the regulation and eontrol and use of its Sewer/Water system presently at Meridian City Code § 9-4-26 and 9-1-16, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 "Policy/Regulatioris": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the City=s Sewer/Water system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECJT,4 LS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWERIWATER HOOKUP SERVICE: The "City' agrees to provide a connection to the "Sewer/Water System." to service the "Real Property" subject to the terms and conditions of this Agreement_ AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE Cl'T'Y LIMM -2 p.3 Dec 02 05 04:21p DRVJI�& MOIRR ELCOX 2083340 p- 4 Cec. 2. 2005 10:50AM No.30i1 P. 5 5_ CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water Uset"_ 6. ORDINANCE APPLICATION: The "Ordinance" and 'Policy/Regulations" apply to the Sewer/Water service and connemiurl and are erem ln-corporarM as specific terms of MS agrecmen and at su me or times as the "Ordinance' and/or "Policy/Regulatione' is/are amended or recodified, this agreement is automatically amended in accordance therewith, 7. ANNEXATION: At such time as the real property becomes legally eligible for annexation into the "City", the "Sewer/Water User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with I.C_ § 50-222 or any amendments or recodification of said statute.. 8. HOOKUP AND SERVICE FEES: The charges for hookup. inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to "Sewer/Water User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default I1. REMEDIES' 11.1 This Agreement shall be enforceable in any court of competent jurisdiction AGREEMENT FOR HOOKUP TO THE C1TY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CTIY LIMITS -3 - 05 04:21p Dec- 2. 2005 10:50AY DAVID MOIRR ELCOX 20633040 P.5 No -3011 F. 6 by either "City" or "Sewer/Water User", or by any successor or successors in title or by the assigns of the parties hereto, Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein, in addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the" real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting.party shall then have thirty (30) days after delivery of notice of default to correct the same before the non -defaulting party may seek any 113 in the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" or "City" is delayed for causes which are beyond the reasonable control oftlhe party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. NOTTCES: 12.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows. CITY: PROPERTY OWNER- C/o Meridian City Engineer Edward & Loretta Sweet City ofMeridian 2640 N Meridian Rd 200 E. Carlton, Suite #101 Meridian ID 83642 Meridian, Jdaho 83642 - with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with -the requirements of this section. 13, ATTORNEY FEES: AGREEMENT FOR HOOKUP TO THE CITY OF 1VIERIDaws SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -4 05 04:22p Dec. 2. 2005 10:50AY DAVID & MOIRA ELCOX 20933040 P.6 • Na -3017 P. 7 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 casts and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement_ 14_ TTW 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 Agreement by the other party so failing to perform IS. BM NG UPON SUCCESSORS, This Agreement shall be binding Upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or -alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed, 16- INVALID PROVISION,. If any provision ofthis Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised there from and the invalidity thereof shall not affect any of the other provisions contained herein - 17. FINAL AGREEMENT. This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Sewer/Water User" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of"City", AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WMER SYSTEM OUTSIDE THE CITY LIMITS -5 Dec 02 OS O4:22p DRVI,6& MOIRR ELCOX 20833040 Dec. 2. 2005 10:50AM No.3017 P. 8 18, TERMINATION: At such time as the "Real Property" is annexed into the City@ this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTNE DATE: This Agreement shall be effective at such time as both parties have executed this Agreement. IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided, Property Owner Edward Sweet oretta weet CITY OF MERIDIAN By: ATTEST: WILLIAM G. BERG, YR, CITY CLERK BY RESOLUTION NO. MAYOR TAMMY DE WEERD AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWERIWATER SYSTEM OUTSIDE THE CITY LIMITS —6 p.7 Dec 02 05 04:22p Dec. 2. 2005 10:50AM SATE OF IDAHO, ) County of Ada) DRVIO& MOIRR ELCOX : ss� 2083340 p.8 No. 30)7 P. 9 On this ®Cp day of De_UwY bo r in the year 2005, before me, the 11n ie-mivned a blotaTh5r,^personallya^eareff, Edutald nd 7 oretta Sweet. kao R3 or identified to me to be the property owners. who executed the instrument IN SS WIXREOF, I have hereunto set my hand and affixed my official seal, the day iar LQ ificate first above written. (SEAL) c� �C Notary I' for Idaho^ �7 Residing at: _ My Commission Expir s: �TOOe.a` (, a(� OF V0r STATE OF IDZ?CF, ss. County of Ada ) On this l6 day of in the year 2005, before me, the undersigned, a Notary Public, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WTMMOF, I have hereunto set my hand and affixed my official ! sea), the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -7 December 8, 2005 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT ITEM NO. S -K REQUEST Agreement for Professional Services for Meridian Wastewater Treatment Plant MCC 4 Replacement with DC Engineering, 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: Me 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. To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 12/07/2005 Re: Proposed Agenda Items for December 13, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the December 13 City Council agenda, under Consent Agenda, for Council's consideration. 1. Change Order No. 1 for the WWTP Standby Power System Procurement Additional generators are required for the completion of the WWTP Standby Power System Procurement. This change order consists of the following work: • Purchase of Generators 3 and 4. • Mechanical and electrical installation of Generators 3 and 4. Western States Equipment Corporation submitted a cost for this change order as summarized below: $208,120.60 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the WWTP Standby Power System Procurement with Western States Equipment Corporation for $208,120.60 and authorize the Mayor to sign it. 2. Meridian Wastewater Treatment Plant MCC 4 Replacement DC Engineering, Inc. has submitted an agreement for professional services, scope of work, and budget for the engineering services. They propose to complete the work for $4,000. DC Engineering, Inc. is a subconsultant to Carollo Engineers on the Wastewater Treatment Plant Expansion Project that was approved by City Council on the 26"' of October, 2004. 0 Page 1 C] • This project generally consists of the replacement of the pneumatic valves with electric valves and changing the current control system to a new PLC based control system. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Meridian Wastewater Treatment Plant MCC 4 Replacement with DC Engineering, Inc. for $4,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 2 ENG//VEER/NG November2l, 2005 Mr. Clint Dolsby City of Meridian Public Works 660 E Water tower Suite 200 Meridian, ID 83642 Subject: Meridian Wastewater Treatment Plant MCC 4 Replacement Mr. Dolsby, 440 E. Corporate Drive Suite 103 Meridian, Idaho 83642 Phone: 208.288.2181 Fax 208.288.2182 The replacement of MCC 4 was always a part of the design fee for the liquid stream project at the Meridian W WTP. The part of design that isn't included is the replacement of the pneumatic valves with electric valves requested as part of the new plan and changing the current control system to a new PLC based control system. Project Understanding We understand that this part project will include the installation of VFD's to run the existing pumps and the replacement of the pneumatic valves with slow acting electric valves. It will also replace the old relay controls with PLC based control system. The work will be included as a change order to the liquid stream project recently awarded to Custom Electric. Electrical Engineering • Coordinate pump requirements, control schemes and valve requirements with the Wastewater Treatment Plant personnel. • Determine the Electrical Service requirements. • Design new control system and replacement valves. • Develop complete construction documents. • Provide Carollo Engineers with the as built information for P&ID drawings. Deliverables • 90% review documents • Construction documents incorporating review comments. Schedule • DC Engineering has a capable staffthat can start immediately. It is anticipated to take approximately 2 weeks to develop 90% review documents once authorization to proceed has been given. DC Engineering • 0 The project will be performed on time and material basis in addition to other contract with Carollo Engineers not to exceed $4,000 (Four Thousand Dollars). Services will be billed per our standard rate of compensation as follows: • Principal Engineer, PE: $95 per hour • Project Manager: $90 per hour • Engineer: $80 per hour • Designer: $70 per hour • Drafting: $50 per hour • Clerical: $35 per hour • Reimbursable expenses will be billed at cost plus 10 percent. (For example: reproduction drawings, shipping expenses, etcetera.) Thank you again for the opportunity to work with you. If you have any questions, or require additional information, please do not hesitate to ask Sincerely, Accepted by: DC ENGINEERING, P.C. Clay Bingham Project Manager Printed Name Title Date 2 DC Engineering December 8, 2005 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT Hollybrook, LLC ITEM NO. 5-L REQUEST Development Agmt — Request for Annexation and Zoning of 15.32 acres from RUT to R-8 zones for Hollybrook Subdivision — 3265 North Curt Drive and 540 East Ustick Raod 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 Development Agreement OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall becornm property of the City of Meridian. 0 • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 49 BOISE IDAHO 12!23105 11:05 AM DEPUTY Bonnie -REQUEST III I I II'I I' I I I I' lI I' I �I I I' I �I'I'll'll RECORDEQ-REQUEST OFF Meridian CIk 105195057 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Hollybrook, LLC, Owner/Developer THIS DEVELO MENT AGREEMENT (this "Agreement"), is made and entered into this day of 2005, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Hollybrook, LLC, hereinafter called "OWNER/DEVELOPER". RECITALS: 1.1 WHEREAS, "OWNEWDEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property''; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the DEVELOPMENT AGREEMENT (AZ 05-026) HOLLYBROOK SUBDIVISION PAGE 1 OF 10 Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 4a' day of October, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 82, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2• INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 05-026) HOLLYBROOK SUBDIVISION PAGE 2 OF 10 0 3• DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Hollybrook, LLC, whose address is 1150 E. Ustick Road, Meridian, ID 83642 the party developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8 (Medium Density Residential) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section jLZ:ZjM which are herein specified as follows: Construction and development of either a conditional usepermit or a planned development application shall be submitted to the City of Meridian prior to a future development in the R-8 zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 05-026 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated May 3, 2005, and shall be required to obtain the "City"' approval thereof, in accordance to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition DEVELOPMENT AGREEMENT (AZ 05-026) HOLLYBROOK SUBDIVISION PAGE 3 OF 10 of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. 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. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of 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. 3. The applicant shall agree to the building footprints and elevations as submitted to the City Council on October 4, 2005 for all lots listed in Block 4 of the September 21, 2005 preliminary plat. 7 • COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owners/Developers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined. in Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: DEVELOPMENT AGREEMENT (AZ 05-026) HOLLYBROOK SUBDIVISION PAGE 4 OF 10 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9• INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property' or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement maybe modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. DEVELOPMENT AGREEMENT (AZ 05-026) HOLLYBROOK SUBDIVISION PAGE 5 OF 10 9 i 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (3 0) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de - DEVELOPMENT AGREEMENT (AZ 05-026) HOLLYBROOK SUBDIVISION PAGE 6 OF 10 9 0 annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: C/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNEWDEVELOPER: Hollybrook, LLC 1150 E. Ustick Road Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. DEVELOPMENT AGREEMENT (AZ 05-026) HOLLYBROOK SUBDIVISION PAGE 7 OF 10 9 • 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re -zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 05-026) HOLLYBROOK SUBDIVISION PAGE 8 OF 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Attest: CITY CLERK DEVELOPMENT AGREEMENT (AZ 05-026) HOLLYBROOK SUBDIVISION PAGE 9 OF 10 9 STATE OF IDAHO, ) ss: County of Ada, ) 0 On this day of �,5�15Ll 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared 06N> �,�r► [�l�-L on behalf of Hollybrook, LLC, known or identified to me to be the H 64 oeIz— of said corporation, who executed the instrument on behalf of said corporation, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) K EAL i STATE OF IDAHO ) ss County of Ada ) Not Pu he for Idaho Residing at: -C-01— IP My Commission Expires: Z ca On this day of i Jac 6Uv\. Va- O 2005, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) 8h 0 cYl &"VU'-1�J Notary Public for Idaho Residing at:l, (u'Commission expires: DEVELOPMENT AGREEMENT (AZ 05-026) HOLLYBROOK SUBDIVISION PAGE 10 OF 10 Irl LJ AUUMAIGDescri`afton H011ybrook LLC is A parcel located in the SW f of Section 31, Township 4 North, Range 1 East Bois Meridian, Ada County, Idaho, more particularly described as follows: e Commencing at a brass cap monument marking the southwest comer of said SW Section 31 (Section Comer), from which 5/8 inch diameter iron f ' southeast comer of said SW % of Section 31 (% Comer) bears N89°°58'55'9 Eha distance of 2406.48 feet; Thence N 89058'55" E along the southerly boundary of said SW % a distance o 1630.09 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; f Thence leaving said southerly boundary N 0°24'59" E along the easterly boundaries of Sundance Subdivision No. 4, as shown in Book 89 of Plats on Pages 10,226 and 10,227, records of Ada County, Idaho, and Sundance Subdivision No. 2 as shown in Book 86 of Plats on Pages 9,772 and 9,773, records of Ada County, Idaho, a distance of 1919.30 feet to a 5/8 inch diameter iron pin marking the northeast comer of said Sundance Subdivision No. 2; Thence along the southerly boundary of Sundance Place Subdivision No. 3 as shown in Book 91 of Plats on Pages 10,640 and 10,641, records of Ada County, Idaho the following described courses; Thence N 8905947" E a distance of 320.60 feet to a 5/8 inch diameter iron pin; Thence S 33047'07" E a distance of 280.75 feet to a 5/8 inch diameter iron pin; Thence S 80010'04" E a distance of 298.83 feet to a 5/8 inch diameter ironin on the westerly boundary of Quenzer Commons Subdivision No. 4 as shown in Book 88 of Plats on Pages 10,105 thru 10,107, records of Ada County, Idaho; Thence S 0016'52" W along said westerly boundary a distance of 307.74 feet to a 5/ inch diameter iron pin on the northerly boundary of Weaver Acres No. 2 as shown in Book 38 of Plats on Pages 3,203 and 3,204, records of Ada County, Idaho; �n Thence S 89049'28" W along said northerly boundary of Weaver Acres No. 2 and the northerly boundary of Weaver Acres No. 1 as shown in Book 28 of Plats on Pa es 1,745 and 1,746, records of Ada County, Idaho, a distance of 653.56 feet to a 5/8 inc diameter iron pin marking the northwest corner of said Weaver Acres No. 1; h Thence S 001941" W along the westerly boundary of said Weaver Acres No. 1 distance of 708.20 feet to a 5/8 inch diameter iron pin; a ,b4 -L.<- Lit A "Pccc�- l cr� 2- Thence leaving said westerly boundary S 0013'57" W a distance of 144.20 feet to a point; Thence N 89058143" E a distance of 328.02 feet to a 5/8 inch diameter iron pin on the westerly right-of-way of Curt ®rive; Thence S 0018'51" W along said Westerly right-of-way a distance of 472.76 feet to a point on the southerly boundary of the SW % of said Section 31; Thence S 8905855 W along said southerly boundary a distance of 450.82 feet to the POINT OF BEGINNING. This parcel contains 15.62 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC March 23, 2005 BYEV(W Tf� rDNA MERIDIAN PUBLIC WORKS DEPT S��NpL LA &,0 c� 11118 cl, �OF ON W . NP D ,KbLt A ?n-� 2®- q CITY OF ME, RIDLAN .FINDINGS OF .FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 15.32 Acres from RUT/R1 (Ada County) to R -S (Medium Density Residential) AND Preliminary Plat Approval of (53) single family residential lots and Eleven (11) Common/Other Lots AND Condx'h' ural Use Permit Approval for a Planned Development Consisting of reduced frontage and reduced setbacks, for Rollybrook Subdivision, by Hollybrook, LLC. Case NO(S). A7,05-026, CUN05-033, and PP -05-025 For the City Council Rearing bate of: October 4, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') Of the external boundaries of the property. The notice of public heating before the City Council was posted upon the property under consideration more than one week before said hearing, All other noticing was done consistent with Idaho Cade §67- 6509. The matter was duly considered by the City Council at the October 4, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions Providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b• Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-026 / PP -05-025 / CUP -05-033- PAGE 1 of 4 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Hollybrook, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See attached staff report for findings related to all applications. 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 novice of its Zoning, Subdivision and , Development Ordinances codified at Titles 11 and 12Meridian City Code, and all ha current zoning maps thereof. The City of Meridian s, 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 § 11-17-9. 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 co py served by the Clerk uon the applicant, the Planning and Zoning Department, the Public Works Department anal any affected party requesting notice. 7.. That this approval is subject to the Legal Descriptions, the Preliminary plat dated September 21, 2005, the Site Plan dated July 14, 2005, the Annexation and aZoningppro Comments, the preliminary plat Site Specific and Standard Conditions of approval, and the CUP/PD Site Specific and Standard Conditions all contained in the Ofattapproched staff report. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(s). AZ -05-026 / PP -05-025 / CUP -05-033- PAGE 2 of 4 • 0 Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 acid based upon the above and foregoing Findings , of Fact which are herein adoptedit is hereby ordered that: y 1 • The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated September 21, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by leaving submitted. the Site Pul 14, 2005 is hereby conditionally approved; and, Ian dated Jy 3. The Site Specific and Standard Conditions contained in the attached staff report D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, conditions of approval, the permit holder must commence the use as permitted in accordance with the satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. however, the applicant may submit an application for a time extension on the project for city The or completion of the projectcouncil review. application for time extension shall be submitted at least thirty (30) days prior .the deadline f. For projects requiring pla must be recorded within this eighteen (18) month ptting, the plat eriod. 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 Phases shall be constructed within successive intervals of one ycar from tle he hphases, date of approval by the council. If the successive phases are not submitted within one Year intervals, the conditional approval of the future phases shall be null and void. (MGC 11-17-4.B.) 2. Notice of Twelve (12) Month preliminary plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or P' shall have one year within which to file the request for approvof the final al plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 mube st fil ed with the City Clerk not more, than twenty-eight (28) days after the final decision CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-026 / PP -05-025 / CUP -05-033- PAGE 3 of concerning the matter at issue. A request for a regulatory takings analysis will to11 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. Exhibits: See attached Staff Report By action of the City Council at its regular meeting held on the da of 2005. y COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED % 6A;� COUNCIL MEMBER CHARLIE ROUNTREE VOTED �,�,Qr,�, COUNCIL MEMBER KEITH BIRD VOTED Z� (� MAYOR TAMMY de WEERD VOTED — (TIE BREAKER) Atter . William G. Berg, Jr., City Copy served upon Applicant, The and City Attorney. Weerd Public Works Department By:_ —3&M Dated: Q ©7 v City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &ORDER CASE NO(S). A2-05-026 / PP -05-025 / CUP -05-033- PAGE 4 of 4 A. Drawings L Preliminary Flat (dated: July 14, 2005) � 77 n �lJJ `�_� � � `�� � • �1 F� � t ■ F— LJ F Ip e . g��i9Rg e� ,C $i° et IIq fill S i� 0111 1 ' $ {Q 6 -.6�,'�' P gp��.p.�§ � �.H 1 1 �1 1 _--411 1' HT'S �OOOa'AC_ Y C P 4 c 1� _ ��� ! @� Ili 'B�$�,,�Eg Hollybrook Subdivision Drawings EXHIBIT A CYTY OF MERIDIAN PLANNIN * ZONING DEPARTMENT STAFF REPORT. 0QUESTIONS? CALL (208) 884-553.3 1.1 Rem=ised preliminary Plat (dated September 21, 2005 IWJ z 21 J fif 0/0 Hollybrook Subdivision Drawings EXHIBIT r t op fit CITY O.F MERIDIAN PLANNIN& ZONING DEPARTMENT STAFF REPORT. PSTIONS? CALL (20$) $84_5533 2. CTT.' Site Plan (dated: July i4, 2005) I f it! IMAM �° Did x�R; av Ea # •iJill i! j §97 e $ &e # I off ill F d Q S� A��l . s HOOybrook SubdivWton ►� _ Meridian, Idaho Hollybrook Subdivision Drawings EXHMIT A T� it! IMAM �° Did x�R; av Ea # •iJill i! j §97 e $ &e # I off ill F d Q S� A��l . s HOOybrook SubdivWton ►� _ Meridian, Idaho Hollybrook Subdivision Drawings EXHMIT A CITY OF MERIDIAN PLANNINAD ZONING DETARTMENT STAFF REPORT Q*MTIONS? ' . GALI. (208) 884-5533 3. Landscape: Plan (dated Apiril 15, 2005) sem_ a $ Air Hollybrook Subdivision Drawings EXHIBIT A R-8 � o .—I. i O fit I if �*� gw YYYYYY yyyy.� I J88 b;JaaE r: i V HolWOok Su�isl o`"°` orl Meridien, Idaho r,+a Ell$j V HolWOok Su�isl o`"°` orl Meridien, Idaho r,+a R. Conditions of Approval 1 Planning Department 1.1 SITE SPECIFIC REQLlIREML-S--pRELIM1NARY PLAT 1.1.1 The Preliminary plat labeled as PP -1 prepared by Erickson Civil Incorporated, dated Stem AU commenx d, da ber ep 21, 2005, is approved, with the conditions listed herein. itions of the accompanying Annexation/Zoning (AZ -05-026) and Conditional Use Permit Development Agreement shall also be considered conditions of the Preliminary Plaatt�(PP-005 025). 1.1.2 Place a note on the face of the final plat statin that all feet as measured from the Property g future front garage setbacks shall be 20- P perry line or the back of sidewalk whichever is more restrictive. 1.1.3 Prior to the City Engineer's signature of a final plat containing all structures not contained on a designated lot shall be removed. 1.1.4 The submitted landscape plan prepared by Erickson Civil Inncorporated., dated A not approved as submitted, The following should be included in a revised landscape plarij n prioz5 is to final plat: 1.1.5 Depict and construct a 10 -foot wide gravel shoulder on Ustick Road abutting the site, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. 1'1.6 All micropaths within the proposed subdivision (Lot 17 Block 11.) shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways." Micropath fencing shall be constructed per MCC 12-13-15-9. 1.1.7 All common lots being used for traffic calming purposes shall be landscaped in accordance to MCC 12-13 l.l.g All amended lot locations of the approved Preliminary be landscaped as Per MCC12-13. A landscape plan shall be submittlat ted ped rior to bfinal, p� t showinglthe landscaping in relation to these changes.fi 1.1.9 Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 1.1.10 All areas approved as open space shall be free of wet Ponds or other such nuisances. ll water 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 he used in open space lots, except as permitted. under MCC 12-13-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such p the landscaping shall be consistent with the prelirmn staff. If the storm water detention facility alan, ry Plan with modifications as proposed by ty 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 ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.1.11 All road drainage shall be contained on site in the drainage lots or in roadside swales as depicted. 1.1.12 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 appropnate irrigation/drainage district, or lateral users association (ditch owners), with written Hollybrook Subdivision Conditions of Approval EXHIBIT B CITY OF MERIDIAN PLANNINC; AND ZONING DEPARTMENT STAPF REPORT. QUESTIONS? CALL (208) $$4_5533 approval ar non -approval submitted to the public Works Department. If IateraI users associati approval can not si obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature, 1.1.13 A detailed fencing plan shall be submitted upon application of the final plat. If Permanent is not provided, temporary construction fencing to contain debris must be installed enot fencing Perimeter prior to issuance of building permits ,All fences shall taper down to 3 -feet maximum 1.1.14 within 20 feet of all right -of --way. All fencing shall be installed, in accordance with MCC 12-4_ um 1.1.14 MaintenaIICe of all common areas shall be the responsibility of the Hollybrook H 10 Association. Homeowners, 1-1.15 Other than the public street access approved by ACHD, direct lot access to TJstick Road Drive are prohibited. A note shall be placed an the ficial plat restrict ad and Curt Curt Drive. wig access to Ustick Road and 1.1.16 The applicant shall contact the street cul-de-sacs and the connection of Curt mg committee to determine the names for the unnamed Drive and North Arrowwood Way contained in the revised 1.1.17 The applicant. pls}��r� se the 4dtaw0in dated Block 4. g ed September 21, 2005 to reflect twelve (12) lots along 1'2 GENERA" RE 1.2.5 1.3 1.3.1 1.3.2 1.3.3 Q" hNTS--PRELIMINARY PLAT Sidewalks shall be installed within the subdivision and on the perimeter of the subdivis' pursuant to MCC 12-13-10-8, ion A detailed landscape plea, in compliance with the landscape and subdivision o noted in this report, shall be submitted for the subdivision with the rdinance and as Any tree over 4" in caliper that is removed from the ro fugal Plat application. additional trees, being the equivalent P perry shall be replaced by installing Required l trees, in number of caliper inches of trees that were removed be mitigated, for g trees willnot be considered as replacement trees for those trees that have to Staffs failure to cite specific ordinance annexation/conditional use does not relieve the appli�t of onsibihro-visions or ty rcompliance. f the pprrved Preliminary plat approvaul shallbe 6ubjeat to the e xpimtionprov SITE SPECIFIC CONDITIONS -CONDITIONAL SE PERMIT sions set forth in MCC 12-2-4. The Planned Development site plan labeled as PD -1, prepared by Erickson Civil Incorporated, dated July 14, 2005, is approved, with the conditions listed herein. o ed' the accompanying Annexation/Zoning (AZ -05-026) and Conditional Use pest s/conditions of and Development AgCeement shall also be considered conditions of the Pre ' (C''-05-033) 025) hminary Plat (PP -OS - The project shall conform to the R -S dimensional standards, except as follows for Lots 2-17 Block 4: of Minimum frontage: 55 -feet 1.3.4 Minimum lot dimensions: 4,428 sq t. 1.3.5 The front setbacks for living spaces shall be fifteen feet for all lots containedin Subdivision with a minimum of twenty feet to garages from the back of sidewalk. Ho 11 brook Hollybrook Subdivision Conditions of Approval EXE,IIBIT B CITY OF MER.LD AN pLANNIIVG glyD ZONING DEPARTMENT STAFF REP ORT. QUESTIONS? CALL (208) 884-5533 1.3.6 Construction within Hollybrook Subdivision shall substantially comply with the elevations submitted by the applicant. Construction mate used on th structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. within the limitations outlined within this report. 1.3.7 All construction within Hollybrook Subdivision shall be single family detached homes and built 1.3.8 All amenities proposed for Hollybrook Subdivision shall substantially comply with the designs proposed on the site plan labeled PD -1, dated July 14, 2005. 1.3.9 All traffic control structures shall be designed and landscaped in accordance with Meridian City Code. These structures shall be maintained by the Hollybrook Homeowners Association. There shall be no on street parking within fifty feet of any traffic control structure, the applicant shall appropriately mark and sign these areas. 1.3.10 A gazebo shall be added to one of the landscaping lots located along Block 4 of the plat dated September 21, 2005. 2 PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this site is master planned to drain to the White Trunk, and is being Proposed via an extension of mains located in Sundance Subdivision. The applicant will be responsible to construct sewer 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. Cover over sanitary sewer mains shall be no less than 3 -feet from finish de to thgra top of the pipe. If cover is less than 3 -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 an extension of water mains located in Sundance and Queerer Subdivisions and Ustick Road. This proposed development is situated directly north Of Ustick Road. Ustick Road is a boundary line between two zones of differing pressures. T7�e applicant shall be responsible to install a PR vault, location to be coordinated with City of Meridian Public Works. The applicant shall construct water mains to development. Applicant shall execute City of Meridian standard fthrough flus proposed orms and d easements, for any mains that are required to provide service. Coordinate main size and routing with public Works. 2.3 The applicant has not indicated who will own and operate the pressurized irrigation system within this development, tTnderground year-round pressurized irrigation must be provided to all lofts within this development. Tee City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private homeowners, association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted Prior to plan approval. The applicant shall be required to utilize an existin for the prunary source. If a surface or well source is not available, a single point connection to the surface or well water culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer, Hollybrook Subdivision Conditions of Approval EX1HBIT lj CITY OF MERIDIAN PLANNING AND ZONING bEP,AR TMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2.4 All existing domestic wells and/or septic systems appurtenant to the existing structures within t project shall be removed from domestic service per City Ordinance Section 9.-1..4 bis and g Wells may be used for non-domestic purposes such as landscape irrigation. 2.5 The applicant shall be responsible for the payment of sewer and water assessments, as well as the actual physical connection to the municipal services for the existing home an Lot 5, Block 1. 2.6 All grading of the site shall be performed in conformance with MCC 11-12-3H, 2.7 A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.8 Street signs are to be in place, water system shall be approved and activated, fencing drainage lots construct �, g installed, ed, 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. 2.9 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. 2.10 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.11 Two hundred -fifty and one -hundred -watt, high-pressure sodium sfireetlights will be locations designated by the public Works Department. All streetlights shall be installer q. i ed at subdivider's expense. Typical locations are at 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 commencing installations. 2.12 Submit any up -dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the public Works Department for review. 2.13 The applicant shall coordinate mailbox locations with the Meridian Post Office - 2.14 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. 2.15 Applicant's engineer will be required to submit a signed, stamped statement cert if ed street finish centerline elevations are set a minimum of three feet above the highest �� all normal groundwater elevation. This is to ensure that the she bottom elevation of crawl spaces is one - foot above this elevation 2.16 The applicant shall be required to pay Public Works development inspection fees, as determined during the plan review process, plan review, and construction Per Resolution 02.374. p , prior to signature on the final plat 2.17 It shall be the responsibility of the applicant to ensure that all development featuresco reply with the Americans with Disabilities Act and the Fair Housing Act. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Hollybrook Subdivision Conditions of Approval EXHIBIT B CITY OF MERipIAN Pi, �0 p ZONING0 DEPARTMENT STAFF REPORT. QUESTIONS? CALL (20$) 884-5533 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting may be required by the Army Corps of Engineers. g that 2.20 All grading of the site shall be performed in conformance with MCC 11-12-3R. 2.21 Compaction test results shall be submitted to the Meridibuilding an Building Department for all pads receiving engineered backfill, where ;Footing would sit atop fill material. g 2 3.1 3.2 3.3 3.3.1 3.3.2 3.3.3 3.3.4 3.3.5 3.3.6 3.3.7 3.3.8 3.4 3.5 3.6 3.7 3.8 3.9 -LVIP-MUTAN FIRE DEPARTMENT done and two family dwellings w� 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 SQO' apart. International Fire Code Appendix C Acceptance of the water supply for ;bre protection will be by the Meridian Fire D water quality by the Meridian Water De Department and Department for bacteria testing. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Fire Hydrants shall have the 41/211 outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the - curb painted red 10' to each side of the hydrant location. Fire Hydrants shall belaced on comers when acro p sP gpermits. Fire hydrants shall not have any vertical obstructions to outlets within 10'. Fire hydrants shall be place 18" above finish grade. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. The 'has'"" may require that any roadwa With an outlet shall be required to have an y greater than 150' in length that is not provided approved turn around. `il entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. All common driveways shall be strai t or have a shall have a clear driving surface whip is 20' wigg mous of 28' inside and 48' outside and Operational fire hydrants, surface are required temporary or Permanent street signs before combustible co and access roads with an all weather nstructiou is brought on site. 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 2Q' 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. The proposed 55 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 165 residents at build out. 3.10 Where a portion of the facility or buildinghereafter jurisdiction is more than 400feet (122 m) from Y0�a fired 0 apparatus move taccess e road,as H011*00k Subdivision Conditions of Approval EXHIBIT B CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CACJ_ (2()8) 894 -5533 measured by an. approved route around the exterior of the facility or bu"diz,g, 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), 3.10.1 For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet 183 m 3.10.2 For buildings equipped throughout with an approved automatic sprid� system installed accordance with Section 903.3.1.1 or 903.3.1.2, the distance r in M). require $ball be 600 feet (183 3.11 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 4 PARKS DEPARTM]ENT 4.1 Standard for Mitigation of trees: The standard establisrian > hed in the City of Medi.andscae Ordinance (MCC 12-13-13-6) will be followed. P 4.2 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. 4.3 The open ditch along Ustick Road shall be tiled and maintained in accordance with the Ci of Meridian Landscape Ordinance. ty 5 ADA COUNTY HIGHWAY DISTRICT 5.1 ACRD Site Specific Conditions of Approval 5.1.1 Dedicate 40 -feet of right -of way from the centerline of Ustick Road abutting the parcel b means Of recordation of the final plat. The right -of way Purchase and sale a y and signed by the applicant prior to schedulin greement must be completed Commission or prior to issuance of a buildingS the final pit for signature by the ACHD occurs first. Allow up to 30 business da permit rocess the (or other required permits), whichever rit-of-way dedication after receipt of all requested material. The owner will beep d the fair marketvalu 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 gioun in effect at that time (currently Ordinance #200), if fundsaa accorvailable dance with the AC-HDOrdinance 5.1.2 Construct a 5 -foot concrete sidewalk on Ustick Road abutting the entire site. Construct the sidewalk a minimum of 41 -feet from the an easement for the sidewalk. ceaterae of Ustick Road and provide the District with 5.1.3 Construct Curt Drive as one-half of a 36 -foot street section with vertical curb, gutter and sidewalk as proposed. 5.1.4 P xotend Washakie Street from the west property line approximately 395 -feet south of the north ptline, as proposed. 5.1.5 P E� epandrty Washakie Street from the east property line approximately 130 -feet north of the south line, as proposed. 5.1.6 Construct the internal streets as 33 -foot street sections with rolled curb, gutter and 5 -foot attached concrete sidewalks on both sides of the roadway within 50 -feet oftight-of-waywith the exception proposed. Submit a letter from the Meridian Fire Department that approves the reduced street section. H011*00k Subdivision Conditions of Approval EXHIBIT B CCTV Of MEpjD AN PLANN AND ZONING D 0 1✓PARTMIrNT STAFP REppRT Q�1ESTtONS? CALL (208) $84-5533 5.1.7 Construct Washakie Street as a 33 -foot street section with detached concrete sidewalks on both sides re the ct'Onrolled curb a letter froiu the Meridian Fire De' butter and a 4 or 5 -fool Department that a roadway within. 50�feEt ofright_of-way. Submit 5 1 8 Construct West approves the reduced strut section. Arrowwood Way to intersect U DIRECTLY align with a roadway that is located on the South side ostick Road f the a`est 5.1.9f Ustick Road rope line to Construct one knuckle without a center island within the subdivisio as 5.1.10 on two cul-de-sac Proposed. Construct the tartars turnarounds without center islands within the subdivision, wads to provide a minimum to n, as proposed. 5.1.11 Modify the site plan to include trafficg radius of 45 -feet. and submit the designc�nung devices on Washakie Stream and 5.1.12 Other to District staff for final approval. Ar owwood Way than the access point that has spexificall access to Ustick Road is prohibited. Y been approved with this application, direct lot required on the final plat. A note 5.1.13 Comply with all Stastating the access restriction to Ustick Road will be ndard Conditions of Approval. 5.2 AC$D Standard Conditions of Approval 5.2.1 Any existing irrigation facilities shall be relocated outside of the ' 5.2,2 All utility relocation costs associated with right -of borne by the developer, improving street frontages abutting g the site shall be Replace any existing damages Curb construction of the proposed development. evelo mete. and sidewalk and any that may be number) for details. P Contact Construction Services at damaged 8 62g dig the 5.2.4 Utility street cuts in Pavement(with file bytho'Dist'ir t.ContacttthDistricess ttas Uve yewold are not alloed. ty Coordinator at 387-6258 ess approved in writing 5.2.5 (�� file numbers) for All design and construction shall be in accordance with the Ada Co Manual, ISPWC Standards and approved supplements,�Y Highway District Policy CHD ordinances Construction Services procedures and all State of Idaho shall r unless specifically waived herein. ,,q n e Pre and certify all imProvement plans. engineer registered in the 5.2.6 The applicant shall submit revised 1 (or other required Pans for staff approval, prion, to issuance permits), which incorporates any required design of building Permit 5.2.7 Construction, use and roe changes. requirements of the A� Property development shall be in conformance County Highway District prior to District appal for occupancyy. applicable 5.2.8 use of applicable road ' With Ordinance #200, also known fees are required prior to building as Ada County Highway Distri construction in accordance 5,2,9 It is the responsibility of the applicant li fact Fee Ordinance. applicant at no cost to ACHU shall to verify all existing utilities within applicant shall be r repair existing utilities damaged the a applicant. way, The a required to call DIGLINE by the a Prior to breaking ground within A (1-800-342-1585) at least two pplicant. The Operations 387-6190 in CIiO right-of-way. The a li business days the event any A conduits (spare o ,ant shall � co ACHI Traffic any phase of construction, mp omised during Hollybrook Subdivision Conditions of Approval EXHIBIT $ CITY OF MERIDIAN PLANNIAND 20MNC� bEP 0 ARTMENT STAFF REPORT. QUEIESTIONS? CALL (208) 8845533 5.2.10 1�To change in the teams and conditions of this a and signed by tl�e applicant ar the a plaroval shall be valid unless they are in writing representative of the Ada Coun applicant authorized representative and an authorized obtain written conation of any hange fromway l thecAda Coup t. The den shah be upon the applicant to 5.2.11 Any change by the applicant in theplanned�'ghway Districf. application, shall require the applicant to m use of the property which is the subject of this Other regulatory and legal restrictions in force at the time al rules, a ' regulations mations, ordinancesplans, advises the Highway District of its intent to than , or change the planned use subject successors in interest a waiver/variance of said requirements or other legal relief is at the time the change in use is sought. meted pursuant to the law lin rty ffeect If011ybrook Subdivision Conditions of Approval EXHIBIT B 0 C. Legal Description Boe�rtdary t'�� 'an Wolhrbr4ok l.LC 0 klendran, Ada Ck"tedounty, Ithedaho, more particulaSW Y' Of SeCtlon rly tlownshtp 4 North ►IY eswbW as fon R.W. 1 Ems' Boise Commencing at a brass cap more Section 31 (Section Comer maWng tro southwest comer of $aid BVI/ / of southeast comer of said SIl J 'f�•rom which 5/8 Inch diameter Iran pin marking the distance of 2406.48 feet: Section 31 (/. Comer) tears N Marx- E a Thence N 85° E 1830,09 feet tto along the southerly boundary of said SW % a distance of o a a 5/ 5/8 inch d' rametar Iron pin and the POINT OF BEGINNING; SundaWhence leaving said southerly y bondary N 0'24'Sir E along the east o boundaries of Subdivision No. 4, as shown In gook So of Plats on pages 10� and B� 86 lata on Pages 8�2 and gaud Sundance on No. 2 as shown in Of 1819.30 feet to a 5/8 inch diameter ' records of Ada County, Naha, a distance Sundance Subdivision No_ 2; ken pin maddng the northeast comer of said Thence along the southerly boundary of Sundance Place gook 81 1 Plats an Pages 10,840 of 10,641, recd Subdlvialon No. 3 as shown in Following d; records of Ada County, Idaho, the Thence N 89°59'47" E a distance of 320.60 feet to a S/8 Inch Thence S 33°47'07- E a distance of 280.75 feet to a 5/8 Inch diameter am diameter Iron pin; Thence S 80°10'04' E a d� meter iron phi; the wasted Hoe of 288.83 feet to a 5/8 kWh Book 88 of Plats on Pa of Q .105 t Commons Subdndslan No. 4 a Iron an Pages 10,105 tiro 10,107, records of Ada Co m Thence & 0°16'52" W ata linty, Idaho; inclh diameter iron pin on ng id wen rya d oe of 307.74 feet to a 5/8 Book 38 of Plats on Pages 3,203 and y bo records of Ada Weaver � No_ 2 as shown in Thence 889°49'28" W elan �• Idaho; northerly boundary of Weaver Acres nartherty boundary of Wear Acs Na 2 and the 1,745 and 1,746, records of Ada �Cos No' 1 as shown In Book 28 of Pints on Pages diameter kon pin marking the �' Idaho, a distance of 653.58 feet to a 5/8 tach County, Corner of said Weaver Acres No. 1; Thence S 0018'41• W along the dbLlnce of 708.20 feet to a 5/8 inch deft boundary of said Wear Acres No. 1 a iameter iron pin; H011ybrook Subdivision EXHIBIT C CITY OF MERIDIAN PLANNrINOND ZONING DEPARTMENT0 STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Thence polr►t; ming said West"boundary S 0°13'57" W a distance of 144.20 feet to a Thence N 89"58'43° E a distanceof 32$.02 feet to a 5/8 inch diameter iron pin on the Westerly right-of-way of Curt Drive; Thence S 0°18'51" W along said westerly right -of way a dls of 432.76 feet to a 5/8 inch diameter iron pin on the northerly right-of-way of Ustick Road; Thence S 89°58'55" W along said northerly fight -of -my a distance of 328.p4 �t to a 5/8 inch diameter iron pin; Thence leaving said northerly fight -of -way 8 0°18'59" W a distance of 40.00 5/8 inch diameter iia► pin on the feet to a AMY boundary of the SW % Of said Section 31; Thence S 89°58'55^ W along said southerly boundary a distance INNING. of 17,2.79 feet to ftPOINT OF BEG This parcel contains 15.32 apes and Is subject to any easenerris eftftg or in use. Clinton W. Hansen, PLS Lard Solutions, PG March 22.200b Hollybrook Subdivision EXIMIT C 0 CITY OF MERIDIAN PLANNiNC AND ZONING DEPAItTMBNT 0 STAFF R>~ppRT, QUESTIONS? CALL (208) 884-5533 Hollybrook Subdivision EXHIBIT C 0 0 D. Required Findings from Zoning Ordinance X• T.1+;XATIt11V F MM: According to Ordinance 11-15-11, General Standards Applicable to .Zoning Amendments, both the P&Z Comrrxission and Council are required "to review the particular facts and circumstances of Proposed zoning amendment in terms of the followin each answering the following questions about the g standards and shall find adequate evidence Proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff A. Will the new zoning be harmonious with and in accordance with the Comprehensive P and, if not, has there been an application for a Comprehensive Plan amendment, Ian See Comprehensive Plans and Policies as listed in the Hollybrook Subdivision staff report item #7 above. The Council supports the zoning and finds the proposal in accordance with the Comprehensive Plan. B. is the area Included in the zoniu g 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, Council Sods that single-family residential uses are allowed within the r of R-8. Medium Density Residential requested zoning district to protect the irate permits the establishment ofresidential uses and is designed integrity of residential development by prohibiting the .intrusion of incompatible nonresidential uses. The accompanying plat demonstrates the land will be developed with lot requirements that conform to the sizes, housing types and other dimensional requiproposed zoning designation. 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 widen access been developed or planned or adjacent area being developed in a fashion hinew to the proposed rezone area; Council finds that recent residential developments to the north and west have been a development similar to the proposed subdivision, with single-family residences. Development in the area has approved for limited the main trunk sewer locations, Currently sewer's available in E. Washakie Street via Sundance Place Subdivision. Cu Based on the ACRD Long Mange 2030 proposal, Ustick Road is anticipated to eventually be a tree lane roadway abutting this site. However, Ustiek Road between Meridian Road an Locust Grove Road is not currently included within, ACHD's Five Year Work Program currently adapted 20 -year Capital Improvements Plan for roadway°r the shall comply with, all ACRD conditions of approval for the site. improvements. The applicant Hollybrook Subdivision EMBIT D CITY OF MERIDIAN PLANMNC AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Local Streets Washakie Street and Curt Drive are ACHD rights -of --way and provide stub connection to the property ACRD and the City of .Meridian will r development connect these roadways as Proposed,ecluire the proposed E. Will the proposed uses be designed, harmonious and a rp riate in appearance with the existing for ined tend maintained to be general vicinity and that such use will not change the essential character character of the of the same area; Council ;Ends that the requested zoning and proposed density is within the anticipated range for a medium density urban project. Based on the Comprehensive PIeves g Parcels in the area (south and north and west) have already developed with similar densitexisting ies and allowances for alternate products and designs are encoura zoning/uses can be designed and constructed a Staff also finds that the proposed appropriate in appearance with, the existing and intenddeddccharacter of the sUmouunat will be oding iluo th and a. The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which states that "common space shall equal Or exceed five percent of the oss land area of the subdivision. This requirement shall apply to all single family residential subdivisions of five acres or more." The common lots provide 39,766 sq/ft of open space which is approximately 6°l0 of the site. Thethexinistingicharacter of the area will not change as his is one of the final e victy. Council does not find that the proposed zoning or usinfi111 developments opmchanehe n� in essential character of area. The Commission and Ces will adverselyouncil rely on staffs analysis, public testimony received and anY comments submitted from any other agencies or departments receding whether this property should be annexed as proposed. F. W'R he proposed uses not be hazardous or disturbing to existing or fixture neighboring uses; g g 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 con construction is conducted in a manner consistent with City COde. construction traffic and pause Access to Ustick Road shall be taken through the extension of Arrowwood Way as designed. The proposed design creates a roadways section along Subdivision, Council finds the layout as propos all then tsnwiitProperties hin Weea in Weaver resam cru s ISTS which have a life expectancy of approximatel 30 1970's and council anticipates the need for future connections and annexa ons of Weaaveer Acres Subdivision. The road layout should be he most cost effective solution and encourage redevelopment of these properties, The Commission and Council rely on any public testimony whether or not the proposed zoning and subs Y° nd and written) when determining existing or future neighboring uses. subsequent uses will be disturbing or hazardous to the G. Will the area be served adequately by essential public facilities and services such highways, streets, police and &e protection, drainage structures, refuse disposal, waters Hollybrook Subdivision , EXR BIT D CITY OF MERIDIAN P.LA.NNINAD ZONING DEPARTMENT STAFF REPOR 0 T. QUESTIONS? CALL, (208) $$4-5533 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 sewer and water mains necessary to Department. serve this proposed development. Sizing and routing shall be coordinated. with. the Public Works The applicant and/or future property owners will be required to pay park and highway impact fees. On June 17, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department m comments received from agencies/departments, Council finds that the public services nt d aban ove 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. 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; 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 Council finds there will not be excessive additional requirements at public cost and that the proposed, tonin and Will not be detrimental to the community,s economic we g subsequent development L Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to an y persons, welfare by reason of excessive production of traffic, noise, smoke, fumes, glare o or odorsneral Council finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the ge welfare of the surrounding area neral Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. 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 exenzertension intonso the site froSubdivisionm Sundance Place Subdivision and continue the extension to which will connect Meridian Road with Locust Grove Road fo further rway connections. onnections ACID is be designed ad supportive of the proposed stub street extensions as previously approved. The landscaping should in a manner to slow traffic flow to Ustick Road and reduce any traffic to Curt Drive (the only connection for Weaver Acres Subdivision) ff is designed and constructed as approved by the ACRD and the City, council does not believe that the subdivision will create interference With traffic on the surrounding public streets. HolIybrook Subdivision EXHIBIT D CITY OF X4ERIDIAN PLANNIN ,*D ZONING DEPARTMENT ST 0 AFF "PORT. Ql7ESPIONS? CALL (208) 884-5533 • 't'iTin not result in the destruction, loss or damage of a natural or scenic featrrre of importance; and ffinajor There are some mature trees on this property, Any existing trees larget 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Council frau that the proposed development will not result in the destruction, loss ar damage of any natural fteaures) of major importance if developed. under these conditions. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic features of major importance of which staffis unaware. feature(s) L• Is the proposed zoning an. amendment in the best interest of the City of Meridian. Ord. 11-17-1992)? ( 592, The R-8 zoning amendment will provide lots that are similar in nature to e the near vicinity. Council finds that all essential services are available or will be provided b the xrsting subdivisions in developer to the subject property and will not Y The applicant is proposing to develop the land in g em, � Xp e iture public funds. Comprehensive Plan. Council does not approve lot sizes that would be invasive to the r to the east of the subject property but the lot sizes should be properties additional residential densities and product o transitional in nature and allow medium density have already been approvedor dlo s fie general vicinity. Subdivisions of logical expansion of the City limits for an infill pment to the north and west and this is a above, ouncil finds that nine project. In accordance with the findings listed and zonin of s he i wo d be in the 2. PRELEWINARY PLAT FINDINGS Sections 12-3-3 J.2 and 12-3-5 D read as follows: 41n determinin subdivision, the Commission and Council shall consider the objectives of this title and at Proposedg the acceptance Of R following: east the A. The conformance of the subdivision with the Comprehensive Development Plan; Council finds that the proposed application is in substantial co Comprehensive Plan. Council Supports the compliance �� the adopted Pw proposed layout as a practical solution to address the constraints of infill development which has design criteria dictated by previous developments. Please see Annexation and Zoning Analysis "A" B. The availability of public services to accommodate the proposed development; Council finds that public services are available to accommodate the finding G under Annexation and Zo proposed development. See ming Analysis for more detail.) 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 Council finds that the subdivision will not require the expenditure of capital improvement funds. Hollybrook Subdivision E3 WHIT D CIW OF MERIDIAN PLANNIN*D ZONING DEPARTMENT STAFF R 0 SPORT. QUESTIONS? CALL (208) 884-SS33 D. The public financial capability of supporting services for the proposed development; The Commission and Council rely upon comments from the public service providers (i.e.- olice fire, ACHD, etc.) to determine this finding. (See findingG p Analysis above, and the Agency Comments and ConditionsLat'the end ofthis repot �oZ� g detail.) E. The other health, safety or o the Co environmental problems that may be brought t attention. uncil's The proposed design creates a unique situation for properties in Weave A S cast of the property. The normal subdivision design would o osedno allow cwillreationallow of dor ores uble fronted e lots (Arrowwood Way and Curt Dr . Ilowever the have access to public services and proved a path ofrannexation four future development. lots to such a time as 4mexation would occur as these lots r elopment. Until Proposed by the applicant. equine fencing along their rear Yards as Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that have be bro ACID considers road saf ught to the Council or Commission's attention. ety issues in their analysis. The Commission and Public testimony that may be presented to determine whether not the proposed csbdivis olz may cause health, safety or environmental problems of which staff is unaware.r oCounil reference Y 3. CONDITIO AL USE IlV HN- GS The Commission and Council shall review the Proposed conditional use in t particular facts and circumstances of each Owing and may they shall find evidence presented at the hearing() is adequate to establish ll -nal use permit if ( 3). A. That the site is large enough to accommodate the proposed use and all yards, openspaces parking, landscaping and other features as may he required by this ordinance; ' As part of the Planned Development (PD) the applicant is requesting ef street frontage requirement, lot size requirement and standard setbacks, aacs as rim the standard equired City Code. See Special Consideration #1 below for detailed, analysis. by median Council finds that the subject property is large enough to accommodate th other required features. Although the site is lar en e requested use and all required by ordinance, the applicant has asked, through the Planned D accommodate of the features specific development standards for Lots 2-17 of Block 4. The narrow nature o the nomodif rth South connection of the property creates a unique addressed through normal R-8 ssituation which would not have been able to be tandards. The Council finds that the as requested See Special Consideration #1 below for detailed analysis moderations are approved �• That the proposed use and development plan will be harmonious with the Me Comprehensive Plan and in accordance with the requirements of this Or rcdian dinaisce; Council finds that the proposed single-family residential subdivision, with a dwelling units per acre, is generally harmonious with and in Foss density of 3.59 Comprehensive Plan and Future Land Use Map, which designates the accordance withthe 2002 site to be `2lriedium Density Holiybrook Subdivision EXJ31T D CITY OF MERIDIAN PLANNIAD ZONING DEPARTMENT STAFF RI;P 0 ORT. QUESTIONS? CALL (208) 884-5533 Residential" and "Low Density Residential" (provided the Commission and Council grant the requested planned development). Please see Annexation & Zoning Analysis " A." above 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; Please see Annexation & Zoning Analysis "1✓" above. 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, staffs analysis, and other agency vicinity. will when determining if the proposed uses will adversely affect other properties in the 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 & Zoning Analysis 'cG" and "H" above, the "Other Agency/Department thetmCmitynCrktsleandConditions"attheendofthisreport, and any comments that may be submitted to regarding this project. 1i. 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 c the community; Please see Annexation & Zoning Analysis..1r, above. G. That the proposed use will not involve conditions of operation that will be deactivities or processes, materials, equipment, and activities 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 Analysis "P' above. 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 & Zoning Analysis ' J" above. The Commission and Council. review any comments received from the ACRD provide for this project when determining this finding. L 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 & Zoning Analysis 'K" above. Hollybrook Subdivision EXHIBrr D CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT • STAFF REPORT. QUESTIONS? CALL (208) 884-5533 STAFF REPORT TO: FROM: SUBJECT: City Council hearing for October 4, 2005 P & Z Commission and Hearing Dates: July 1, 2005, continued to August 4, 2005, continued to September 1, 2005 Planning & Zoning Commission Joe Guenther, Associate City Planner Jim t yC�AYt a r- �i. " � Ii •F:lvl vn 4�.. Bi.. Michael Cole, Development Services Coordinator Hollybrook Subdivision PP -05-025 55 Single family residential lots and on 15.32 acres • AZ -05-026 Annexation of 15.32 acres with proposed R-8 Zoning • CUP -05-033 A Planned Development for reduced lot sizes and frontage requirements in an R-8 zone I. SUMMARY DESCRIPTION OF APPLICANT'S .REQUEST The applicant, Hollybrook, LLC Bond Campbell, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of Fifty-three (53) Building Lots and Eleven (11) Common/Other Lots on 15.32 acres. The site is located on the north side of Ustick Road approximately one-quarter of a mile east of Meridian Road. This site is currently agricultural with farm buildings and one single family residential building. The site has not been previously platted. 2. SUMMARY REC0AfMNDATI0N The subject property is within the Urban Service Planning Area. The subject applications (AZ CLIP, and PP) were submitted concurrently to the Planning & Zoning Department for review. Staff recommended approval of the amended preliminary plat August 21, 2005 for Hollybrook Subdivision submitted as AZ - 05 -026, CUP -05-033, and PP -05-025 with the conditions of approval as outlined in this report. The Meridian Planning and Zoning Commission heard the item on August 4, 2005 and recommended the applicant work with the neighborhoods of Weaver Acres and Sundance Place as well as ACHD to provide a solution to traffic calming along block 4 of the plat dated My 14, 2005. The applicant returned with a revised plat dated September 1, 2005. At the public hearing they moved to recommend approval with changes to the plat dated September 1, 2005. a. Summary of Public Hearing: i. In favor: Donald Kelso, Brian Cooper, Kevin Churchman, mark Smith ii. In opposition: None as of September 1, 2005 iii. Opposed as of the August 4, 2005 hearing, Commenting as of the September 1, 2005: I. Hal Putnam, 3424 Curt Drive 2. Florence Witticker, 3378 North Weston 3. Letha Quinn, 456 East Patagonia, 4. SallY Alexander, 3360 North Weston Avenue S. Jody Pierce, 33842 North Weston HOLLYBROOK SUDD1v1SION CUP -05-0331 PP-05-025/AZ-05-026 PAGE I CITY OF MERIDIAN PLANNINOND ZONING DEPARTMENT ST • AFI REPORT. QUESTIONS? CALL (209) 8845533 6. Kathy Sherman, 3458 Weston Way 7. Joe Shola, 3476 North Weston Way 8. Shawn Funkhouser, 3644 North pistato 9. Linda Roberts, 3525 Cut Drive iv. Staff presenting application: Jae Guenther v. Other staff commenting on application: Anna Canning, 13W Nary b. Key Issues of Discussion by Commission: i. — Design of N. Arrowwood Way to slow down traffic from subdivisions locat north of the proposal. ed ii. — size and number of lots in Block 4 — connection to Ustick road at Curt Drive, left to ACRD approval iv. fixing and continuing drainage and irrigation piping c. Key Commission Changes to Stasi Recommendation: i. — All single family residential lots listed as Block 4 of the plat dated August 21, 2005 shall be designed as to have shared access to N. Arrowwood Way. ii. Elevations and building footprints for the single family residential lots in Block 4 shall be submitted prior to the City Council hearing date. Elevations and building footprints shall be a part of the Development Agreement. iii. — The number of lots along N. Arrowwood Way as depicted on the Au gust 2005 preliminary plat shall be reduced to a total of twelve lots. 21, iv. Inclusion of a gazebo in the amenity lot in either Block 1 or Block 4 of the plat dated August 21, 2005. d. Outstanding Issues) for City Council: i. - None 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 540 E. Ustick / Ustick and Curt SE 4 of SW % 4NIE31 b. Owner: Bond Campbell Hollybrook LLC 1150 E. Ustick Meridian, Idaho 83642 c. Applicant: Bond Campbell Hollybrook LLC 1150 E. Ustick Meridian, Idaho, 83642 d. Representative: Shawn Nickel, SLN planning, Inc e. Present Zoning: COUNTY RUT f. Present Comprehensive Plan Designation. Medium Density Residential, Low Density Residential g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit Al): July 14, 2005 Sheet PP -1, ECI. 2. Date of CUP site plan (attached as Exhibit A2): July 14, 2005 Sheet PD -1, ECL HOLLYBItOOK SUBDIVISION CUP -05-033/ PP-05-025/AZ-05-026 PAGE CITY OF MERIDIAN PLANNIAD ZONING DEPARTMENT STA 1 F REpO 0 RT. QUESTIONS? CALL (208) 884-5533 3. Date of landscape plan (attached as Exhibit A3): April 15, 2005 Sheet L-1, ECl. h. Applicant's Statement/Justifcation: Shawn L. Nickel, Land Consultants has submitted, astatement of dated April 15, 2005 and revised May 24, 2005. The applicant has a sosmade amendmentsth catothe site plan due to ACRD concerns and has addressed the north/south connection in response to City of Meridian staff, ACHD stag 14, 2005. and neighbors concerns with the submittals dated July 4. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined 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 el' minary ed by City Ordinance. By reason of the provisions of the Meridian Ci Code T Title 1as 2 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 T tle Public hearing is required before the City Council on this matter. 12 Chapter 6, a d. Newspaper notifications published on:July 4, 2005, June 20, 2005(for p & Z Commission meeting) and September 12s' and 26� 2005 for City Council. C. Radius notices mailed to properties within 300 feet on: June 10, Commission meeting) and September 9, 2005 for City Council2005(for P&Z , f Applicant posted notice on site by: July 24, 2005(for P&Z Commission meeting) and September 24, 2005 for City Council. S. LAND USE I. Existing Land Use(s): RUTAda County —Agricultural b. Description of Character of Surrounding Area: c. Adjacent Land Use and Zoning 1. North: Sundance Place Subdivision R-8 with a Planned Development 2• East: Quenzer Commons, Heritage Commons Subdivision, R-8 with a Planned Development. Under development. Weaver Acres Subdivision- R-1 Ada County. 3. South: Bedford Place Subdivision- R-8 4. west: Sundance Place Subdivision R-8 with a Planned Development d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Location of water: Issues or concerns: HOLLYBROOK SUBDIVISION CUP -05-033/ PP-05-025/AZ-05-026 From Sundance Place Subdivision, Washakie Street 8" From Ustick Road, 12" main connection, PAGE CITY OF MERIDIAN PLANNIAD ZONING DEPARTMENT STAFFREP • ORT. QUESTIONS? CALL (208) 884-5533 2. Vegetation. ' Existing vegetation should be brought into compliance with mitigation. maintenance standards ofN1VIID. Applicant shall contact City.Azbotist for tree 3. Flood plain: NA 4. Canals/Ditches Irrigation: Tiling and relocation ditches will need coordination with Seof existing agricultural itrigatian Settlors of District. S. Hazards: None Identified 6. Proposed Zoning: R-8 — with Planned Development for Lots 2-18 Block 4 7. Size of Property.. 15.32 acres 8. Description of Use: Single -Family Residential f. Subdivision. Plat Information I. Residential Lots: 53 2. Non-residential Lots: 0 3. Total Building Lots: 53 4. Common Lots: 11 5. Other Lots: 8 of the common lots are for tragic control and direction 6. Total Lots: 66 7. Open Lots: N/A 8. Residential Area: 15 9. Gross Density: 3.59 units per acre g. Landscaping 1- Width of street buffer(s): 25' on Ustick Road Lot 1 Block 2 10' on Curt Drive Lot I Block 2 10' on east side ofArrowwood Way Lot] Block 2 S' on west side of-4rrowwood Way, R 0 W 2. Width of buffers) between land- 0' with 6' solid fencing 3. Percentage of site as open space (PP and PD applications): 6% 39,766 square feet. 4. Other landscaping standards: Atl common lots to be included with PD amenities shall comply with the landscape plan dated April IS. 200S, with considerations for design amendments dated July 14, 2005. h. Conditional Use information 1. Non-residential square footage: square feet 2. Proposed building height: Less than 35' ofR-8 standard 3. Percentage of site devoted to building coverage: 15.32 acres 4. Percentage of site devoted to landscaping: 1,27 acres HOLLYBROOK SUBDIVISION CUP -05-033/ PP-05-025/AZ-05-026 PAGE 4 C1TI' OF MERIDIAN PLANNIN*D ZONING DEPARTMENT STAFF0 REPORT. Q"'ONS? CALL (208) 884-5533 5. Number of Residential units: 55 i. Planned Development - Lots 2-18 of Block 4 of Hollybrook Subdivision j Amenities — Lot 1 .clock 3, Lot 18 Block 4, Lot 2 Block 4, Lot Block 11 will have additional o multi -use pathwa Landscaping, Pathway connections ty in Sundance Place Subdivision,and areas along all pathways.seating 1. Proposed and Required Residential Standards Multi -use pathway Connection with seating areas R-8 standards apply to all lots except Lots 2-17 of BIock 4 of Hollybrook Subdivision as shown below: Setbacks .Proposed R Required Front Living Area of Front Accessed Garage 1S 20 Side 20 15 Rear 5 5 Frontage 15 15 Lot Size 55 65 4800+ 6500 k. Summary of proposed Streets and/or Access (private, public, common drive, etc.): All roadways have been designed according to ACHD standards and will be public streets. All common areas used for traffic control shall be landscaped and maintaine d by the Hollybrook Homeowners Association. For a detailed report on the public streets and access points to public report from the Ada County streets, the attached staff Highway District 6. AGENCY COMNWNTS MEETING (Exhibit C). On June 17, 2005 staff held an agency comments Meridian Fire Department on July 22, 2005 to address the redesignmmeeting. Further mugs a'�e held with the of the September 21, 2005. Staffhas included all Comments and recommended, actioPrelimin�onditYons of Plat dated Approval from the meeting attached as Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS In Chapter VII of the Comprehensive Plan, `medium density' is defined as areas sin e - family homes at densities of three to eight dwelling zoning designation, R-8, is harmonious with and in accordance with he 2002 Ctotmprehh,.ive Plan. and Future Land Use Map, which designates and `tow Density Residential". The 3.59 delingty per to Density Residential" plat are consistent with previous Commission and Council actions and generally conform tProposed with the preliminary goals, objectives, and action items contained, in he Comprehensive Plan for this area, he in the applicant's cover letter (dated April 15, 2005, revised May 24, is are lists several Comprehensive Plan policies, all of which support the annexation and proposed residential al the property. use of In Chapter VII of the Comprehensive Plan, `Low density' is defined as a.� including single- family homes at densities of three dwelli_na of g u�.gle- -'�� °mss p acre. The applicant is requesting that HOLLY$ROOK SUBDTVISTON CUP -05-033/ PP-05-025/AZ-05-026 PAGE 5 CITY OF MERTMAN PLANNWCr•D ZONING DEPART 0 MENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533 all the subject site be zoned R-8 (Medium Density Residential). The R-8 district allows for a res maximum of eight (8) dwelling units per acre (MCC11-7-2.C), however the design more closely embles an R-4 development. The applicant's requested design provides for larger lots consistent with a lower density transitional area. The comprehensive plain also states on Page 104, Objective D- Plan for appropriate uses within rural areas: `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, ,Wore ca the interface between urban level densities and rural residential parable loWeaver t sizes to buffer es Subdivision is located immediately east, densities.- north, and south of the property with seven lots of approximately one acre parcels and is classified as low density residential Lots 2-S of Block 1 and all of Block 1 have a calculated residential density of 2.45 dwelling units to the acre which is consistent with the allowance within the Lou, Density Residential Designation. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): Chapter VI C.2 P71 — Multiuse pathways: Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's proposed off-street and multiuse pathway systems are depiced ig quality of life. The and existing developments should ensure that thea �-3 and VI -4. New guidelines laid out in this plan are adopted Although a designated Multiuse pathway is not located on this site the applicant has propose a connection through to the pathway system in Sundance Place via Lot 17Block 11. Require that development projects have planned for the provision of all public services (Chapter VII, Goal K 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 Fare Department, who cwrentdy shares resource and personnel with the Meridian Rural Fire Department. Fire and Emergency Medical Services wdll be ie Provided by Meridian City Fire Station #3. The subject lands lwithin s I miles of'the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Departments five-minute response zone. • The subject lands currently lie within the jurisdiction of the Ada County Sherif Office. puce annexed the lands will be serviced by the Meridian Police rs Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County IrIghway District ACBD . This service • The. e subject lands are currently serviced by the Meridian Schoo Disshtjc #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, HOLLY8ROOK SUBDIvisION CUP -05-033/ PP-OS-025/AZ-05-026 PAGE 6 CITY OF MERIDIAN pLANNIWk ZONING DEPARTM.I~NT0 STAFF REPORT, QUESTIONS? CALL (208) 984-5533 Municipal, fee -supported, services will be provided by the Meridian Buildin the Meridian Public work Department, the Meridian YYater Department, g Department, Wastewater Department, the Meridian Planning and Zonin De ran Billing Services, and Sanitary Services Corrxpan g Department, Meridian Utility ° .Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VTI, Goal IV, Objective C, Action 1) cent All of the properties adjacent to the subject site are designated for medium or law dens' residential uses on the Comprehensive Plan Future Cared Use Map. the best attempt to mix low and medium density lots with the appropriate sin Z try P The applicant has made residential products for the site, g e family ° Support a variety of residential categories (low-, townhouses, duplexes, apartments, , 'xiedium-, and high-density single family, Providing the City with a range of aff,, able condominiums, etc.) for the Objective C, Action 10) housing opportunities (Chapter Pose of ( P VII, Goal IV, The subject property grated Medium Density Residential on the Fixture Lan is deli rea Use Map which identifies this area as an ct d development. This proposal meets the Comprehensive Plan dejmitionn of medtMedlum_densiums� tial with a gross density of 3.59 dwelling units per acre. nscty, • Develop policies and incentives to encourage Goal I Objective A Action 8) g infill contigUOUs development. (Chapter V The subject property has a unique design due to limited ro connection and es surrounded b P PFJ' width at the north/south for infill development. y msixng and proposed developments which would classify P The proposed design meets the criteria for an R-8 development and the applicant has been diligent in meeting the agency req t eriaf r and providing a quality Product near a mix of residential use, q ty ° Support infill of random vacant lots in substantial) y develop4 densities similar to surrounding development. Increased densities on random vacant at should be considered if Development of uses other than single-family stru compatible 'with surrounding development as it complies with the current comp are hensive plan- (Chapter VII Goal V Objective A Action 10) TheProposed density, size of lots and unique roadway design will allow for an increase in density for the proposal with smaller lots under a Planned Development where the ease i of the lots are not requiring special considerations within the ordinance and cornprehe e Plan, see also findings above. ° Apply design and performance standards to impacts upon existing adjacent development. (ChapterGo., d"elop-C-t m order to reduce adverse V Objective A Action l l) Staff does not foresee negative impact on surrounding development outside o t construction phase The site has an existing residence which will be incorporated and the that size, number, and quality of the houses is similar in nature to the surrounding developments that the proposal should be indistinguishable upon build out as an attractive neighborhood6 within a neighborhood. HOLLY13R,OOK SUBDIVISION CUP -05-033/ PP-05-025/AZ-05-026 PAGE 7 CITY OF MERIDIAN pLAI`ININGD ZONING DEI'ARTM • rNT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Staff finds that the proposed R-8 zoning designation is harmonious with and in accordance with the Comprehensive Plan. 8. ZONING ORDINANCE a- Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists Planned Development modifications as conditional use in the R-8 zoning district. Single Family Residential uses are permitted in the R-8 zoning district b. Purpose Statement of Zone: R-8 Medium Density Residential District: The purpose of the R- $ district is to permit the establishment of single- and two-family dwellings ata density net 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-familydwellin gs established neighborhoods of comparable land use. Connection to the municipal watereall_d sewer systems is required, c. General Standards: According to MCC 11-17-1, the City should impose any conditions) deemed necessary to insure �mpatiibility of the development vicinity and such additional safeguards as are necessary to uphold the intent withtent ofthe Ordinanceer uses in . Ply see Conditions of Approval in Exhibit B. 9. ANALYSIS a- Analysis of Facts Leading to Staff Recommendation As noted above, the applicant i single family s proposing to subdivide the subject site into fifty five single residential lots. Each lot contains a five proposed building lots ran minimum 4,400 square -feet. The fifty range in size from 4,432 square -feet up to 18,081 square -feet. There are three distinct areas on the site with a variety most area is deli Density of housing types. The southern designated Low Densi Residential while the western edge and northern area is Medium Density Residential. The southern area has the largest lots, contains the The northern area per existing residence, and meets the overall gross density at 2.45 dwelling units is consistent with medium density residential in an R-acrzoning designation with lots ranging from approximately 7,000 square feet to over 10,500 square feet. The last area is the western boonnuation _ ood Way. The site creates a constriction and a unique gong at this area.. The lots are requested to have reduced frontage and reduced lot sizes. are detached products with the elevations submitted with the pa veto s w llbehousing fly proposed as single-family residential, types are The applicant has requested all of the property be zoned R-8 Residential). The applicant has ' (Medium Density 3.59 gross dwelling wellin units ��� a Foss density o£ the proposed subdivision at g per acre. This presented density is in accord with the R-8 zoning district. This is allowable for the R-8 proposed directly corresponding to the Co district with the Low Density area dwelling units per acre. Please see Annexation & Zoning Analysis an which bel w. tes The a5 gross is requesting modifications to the dimensional s applicant building setbacks, lot size, frontage, etc.) for Lotions 2 17 of Block 4 R-8 zone (ha e requested the following planned development standards: These lots have HOLLYBROOK SUBDIVISION CUP -05-033/ PP-05-025/AZ-05-026 PAGE 8 CITY OF MERIDIAN PLANNIND ZONING DEPARTMENT ST 0 AIiF REPORT. QUESTIONS? CALL (208) 884-5533 Setbacks Proposed Required .Front .Living Area of 15 20 Front Accessed Garage 20 15 Side 5 5 Rear 15 15 Frontage 55 65 Lot Size 4,800+ 6500 ON & ZONING AN YSIS: 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. The annexation legal description submitted with the application ( Clinton Hansen, PLS) shows the property as Conti stamped on 3/23/05 by boundary of the City of Meridian,° the existing corporate 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. A Development Agreement (DA) will" be r Property. Prior to the annexation ordinance a required as part of an annexation of this I City of Meridian, the Property approval, a DA shall be entered into between P PAY owner(s) (at the time of annexation ordinance adoption), and the developer. e a 1'cant sh 11 co t t the Ci ttorne Bill 888- 33 to initiate this nroc , s. N—am at The DA shall incorporate the following: 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 when services are available from the City of Meridian. Section 5-7-517, Wells may be used for non- domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance With City n Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes materials,e Operation that will be detrimental to an equipment and conditions of reason of excessive production of traffic, olse smokerof property or the general welfare by The applicant shall agree to the buildingfoo � ��'eons as or odors. Council on October 4, 2005 for all lots listed Block 4 o he Sepsubtember 21e200 Preliminary plat. ARX PLA, YS : The preliminary plat provides a good niix residential products with a wide range of mid sized. lots. The site complies with both the medium and low density calculation with a mix of housing sizes. The applicant has Proposed a unique design for a non-standard lot configuration o s a property which by shape would be difficult to develop. HOLLYHROOK SUBDIVISION CUP-05-033/pp-05-025/A7,0.5-026 PAGE 9 CITY OF MERIDIAN pLANNINGQD ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 8g4-5533 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- Public Streets and Access: Connectivi stick Road to Washakie Streetl: The stub streets from Sundance Place Subdivision and Quenzer Commons Subdivision, Washakie Street shall connect to through with the common street sections and completing the midsection connection of Meridian Road and Locust Grove Road. The subdivision is constrained by previous development in the area and is bound by ACRD policies of interconnectivity. No direct lot access to Ustick Road is approved with this subdivision. Connectivity (Curt Drive). 'There are no services available in Curt Drive and concerns have been raised about the increase in traffic from Curt Drive as a cut across street connection within the subdivision. ACRD has determined a connectionfrom Curt Drive to Arrowwood Way is appropriate and half of curt drive will, be improved with flus project. 2 Landscapes Staff is generally supportive of the proposed landscaping design with the following considerations: Ustick Road landscaping shall be designed according to MCC 12-13 Landscaping and maintained by the home owners association. All common lots which will provide traffic calming shall contain landscaping according to MCC 12-13. See Site Specific Condition #7 below. 3 Q=MCC t five 6 subdivisions of at least five requires fiive percent of open space to be set aside for sq ft acres in size. The applicant is proposing to set aside 39,766- the site for open space. and prrooMast of this open space is at the ends of Arrowwood Way vide traffic calming and glare prevention. Lot 17 provides a connection from the development and makes opens space accessible to all lots of the subdivision and through to the multiuse pathway. (MCC 12-13-16-3). See Site Specific Condition #5 below. Tre , Miti ti n: The are several large trees on this site that the applicant is proposing to remove or relocate. Any tree over 4" in caliper that is removed from the property be replaced by installing additional trees, being the equivalent number of caliperinches ofreplacement trees that were removed. Required landscaping trees will not be considered as should coordinate a trees for those trees that are removed (MCC 12-13-13-3). The applicant tree protection/mitigation plan with Elroy Huff at the Meridian Park Department, See Site Specific Condition #7 below. 4. Ditches Laterals and ls: 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. Staff is unaware of the official status of the drainage ditch; it appears to be maintained by Settlers irrigation and is considered an offsite natural feature. See Site Specific Condition #8 below 5. Pressure brigtin„ The City of Meridian r supplied by a year-round source of water (MCC that pressurized irrigation systems be required to utilize any n Wdstin (MCC 12-13-8.3). The applies should be or well source is not available, off ace or well water for the primary source. If a surface gl point connection to the culinary water system HOLLYBROOK SUBDIVISION CUP -05-033/ PP-05-025/AZ-05-026 PAGE 10 CITY OF MERIDIAN PLANNINA ZONING' DEPARTWENT STAFFREPORT. is Q IONS? CALL (208) 884-5533 shall be required. If a single point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. See Site Specific Condition #9 below. 6. F_ encinL: The applicant is proposing to construct a six-foot tall solid fence around the Perimeter of the site. Staff is supportive of the proposed fencing. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10.F-3). If permanent insfenctallinged is not provided, temporary construction fencing to contain debris must be around the perimeter prior to issuance of a building pent. All fences should taper down to 3 feet maximum within 20 feet of all right -of way. All fencing should be installed in accordance with MCC 12-4-10. CONDITIONAL, SE PERMIT 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 allowing a unique facts and findings. design for single family residential products. Please see Exhibit D for detailed analysis of 1. ReducedStandA s: As stated earlier, the applicant is requesting modifications from standard ordinance requirements for street frontage, lot size and setbacks. Lot ize. The applicant has requested reduced lot sizes; the submitted preliminary plat has bots 2-18 of Block 4 below the 6,500 square -foot minimum size. Therefore, a modification to the standard R-8 lot size of 6,500 square -feet is applicable. The proposed lot sizes range from 4,428 square -feet to 18,081 square -feet. Lot =04 19C. The minimum requested street frontage is 55 -feet. There are 14 lots that are at 55 -feet of frontage (65 -feet is the minimum for the R-8 zone). Staff is supportive of reducing the frontage for these lots as it provides a practical use to these lots where the property depth is minimal. Seth Ac : The applicant's submittal July 14, 2005 requests that this development have a front setback of 15'. The front setback would need additional, definition as to be 15' to living space only and a minimum front setback of 20' to a garage entry way. Rear and interior setbacks will be R-8 standards. Staff recommends approval of the setbacks as requested. 2. 'ties: MCC 12-6-2.A.3 requires two or more amenities to be provided as part of each planned development. The proposed amenities for the subject planned development include: The proposed open space makes up 6% of the site, 5% minimum is required and it takes 10% to count open space as an amenity. Landscaped open space means land exclusive of street rights -of --way and street buffers, except for right -of way specifically dedicated for landscaping within a subdivision. No drainage lots, required street buffers, or canal buffers have been included in this calculation. The applicant is counting the additional landscaping along the open space lots, a multi -use pathway connection into Sundance Place Subdivision, and seating areas as amenities. Staff Supports these amenities as listed and believes they are adequate for the size of the property. HOLLYBROOK SUBDIVISION CUP-05-033/PP-0"2S/AZ-05-026 PAGE 11 CITY OF ME1211)1AN PLANNINOOQ ZONING DEPARTMENT STAFF REPORT. -TIONS? Q CALL (208) 884-5533 Elevation : The applicant has submitted two front elevation drawings for the proposed dwelling units included with the PD. Staff believes that the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. Construction within Hollybrook Subdivision should substantially comply with the elevations submitted by the applicant. Construction materials used on the structures should be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. See Site Specific Condition #4 below. b. Staff Recommendation: Staff recommends epared approval of CUP -05-033/ PP-05-025/AZ-05- 025 for Hollybrook Subdivision as presented in the staffreport dated August 4, 2005 and September 1, 2005 based on the Findings af'Fact as listed isa Exhibit D and subject to the conditions of approval as listed in Exhibit B as attacreport. Staff has pr hed to this findings consistent with this recommendation. 10. PROPOSED MOTIONS Approve I move to approve File Numbers CUP -05-033/ PP-05-025/AZ-05-026 for Hollybrook Subdivision as presented in the staff report and the plat dated (September 21, 2005) with the following modifications to the conditions of approval: (add any proposed modifications) Deny T move to deny File Numbers CUP -05-033/ PP-05-025/AZ-05-026 for Hollybrook Subdivision for the following reasons: (you must state specific reasons for denial. They should address how the applies might re -do the application to gain your recommendation for approval.) 11. EXHIBITS A. Drawings 1. Preliminary Plat — Dated July 14, 2005 shown as Sheet PP -1 (Erickson Civil Incorporated) prepared by ECI Revised September 21, 2005 2. CUP Site Plan- Dated July 14, 2005 shown as Sheet PP -1, prepared by ECI 3. Landscape Plan- Dated April 15, 2005 shown as Sheet L-1 prepared by ECI B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Parks Department 5. Ada County Highway District C. Legal Description D. Required Findings ,from Zoning Ordinance HOLLYBROOK SUBDIVISION CUP -05-033/ PP-05-025/AZ-05-026 PAGE 12 December 8, 2005 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT ITEM NO. S -M REQUEST Change Order No. 1 for Ustick Road Widening with W.H. Moore Company 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 Meridian. CRY of Meridian Public Works Dept. Memo To: William Berg, Jr/d§. From: Lenard Grady CC: Brad Watson Date: 12/8/2005 Re: Proposed Agenda Items for December 13, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the December 13 City Council consent agenda: Ustick Road Widening — W H Moore Attached is Change Order #1 (Final) for additional work required during installation of water and sewer line as part of the Ustick Widening Project. The original contract amount was $128,730.00 and the change order amount (total) was $10,580.00. Most of the change order was a result of having to relocate and deepen water main as a result of gas main. Recommended Council Action: The Public Works Department recommends that City Council .approve Change Order #1 (Finan on the Ustick Widening Project with W.H. Moore Company for $10,580.00 and authorize the Mayor to sign it. WWTP Standby Power Building - Challenger Attached is Change Order #1 (Final) for additional work required during construction of the Generator Building at the WWTP. Most of the change is a result of additional equipment required by Idaho Power. The original contract amount was $262,670.00 and the change order amount (total) was $7,406.41. - Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 (Final) on the WWTP Generator Building with Challenger Companies for $7,406.41 and authorize the Mayor to sign it. From the desk of... Thank you for your consideration. Please contact me if you have any Lenard ityGrady C pa questions regarding any of these items. Meridian Public works Deparhnentftmt 660 E Watertower, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 898-9551 g,adyl@n-idiancity.org 0 Page 1 i W.H. MOOR.E C O M P A N Y Rawl Fatato rl 3 ,�.. . } EI Dorado Business Campus 1940 S. Bonito Way, Suite 160 Meridian, Idaho 83642 P.O. Box 8204 Boise, Idaho 83707.2204 Date: December 5, 2005 To: Len Grady Public Works Department 660 E. Wateitower, Ste 200 Meridian, ID 83642 From: Jonathan R. Seel Subject: ' Ustick Widening project TELEPHONE (208) 323-1919 / FAX 323.7523 The following is total costs and payments for sewer and water improvements along Ustick Road, Meridian Sewer and Water Payment Analysis Ustick Improvement Project Amount Due Under Contract CO Waterman Conflict CO Flagging For Water Main CO Water Main Depth Adjustment Total Construction Costs 3% Management Fee Total Due Amount Paid to Date $128,730.00 $ 3,568.00 $ 297.001 6 715.00 $139,31.0.00 $143,489.30 r� Amount Outstanding $129,305.50 $ 141183.80 As discussed, we have included a 3% fee for management of the sewer and water'p`roject. This is the same fee that ACRD agreed to pay for managing the Ustick widening. We realize that Meridian did not formally agree to a management fee, but did indicate they would consider this request once the project was completed. We would ask that Meridian approve this payment. Our involvement in the desi co ctlon and. accounting was extensive. Certainly we were please to assist the City in this roject regardless whether tru oversight we received a fee or not However, payment of the fee will help offset the overhead and carrying costs we incurred. Thanks for your consideration. CHANGE ORDER NO. 1 DATE OF ISSUANCE 12/15/2005 EFFECTIVE DATE 12/15/2005 OWNER City of Meridian CONTRAC i b11 w H Moore Company. Contract: Ustick Road Widening ENGINEER You are directed to make the following changes in the Contract Documents: Description: 1) See attached Attachments: (List documents supporting change): Letter from J. Seel -12/5/2005 RECOMM DED: By: E INEER (Authorized Signature Date:- %A Lj-lo-s— IF Mayor De Weerd EJCDC 1910-8-B (1996 Edition) Attest: Prepared by the Engineers Joint Contract Documents Committee William Berg Jr., City Clerk and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. _ Council Approval 12/13//05 0 • December 8, 2005 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT ITEM NO. S -N REQUEST Change Order No. 1 for WWTP Standby Power Building with Challenger Companies AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 CityofIVler�d�an ,�Y �� �. �; r Public orksDept. CC: Brad Watson Date: 12/8/2005 LJ Re., Proposed Agenda Items for December 13, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the December 13 City Council consent agenda: Ustick Road Widening — W H Moore Attached is Change Order #1 (Final) for additional work required during installation of water and sewer line as part of the Ustick Widening Project. The original contract amount was $128,730.00 and the change order amount (total) was $10,580.00. Most of the change order was a result of having to relocate and deepen water main as a result of gas main. Recommended Council Action: The Public Works Department recommends that City Council .approve Change Order #1 (Final) on the Ustick Widening Project with W.H. Moore Company for $10,580.00 and authorize the Mayor to sign it. WWTP Standby Power Building Challenger Attached is Change Order #1(Final)for additional work required during construction of the Generator Building at the WWT. Most of the change is a result of additional equipment required by Idaho Power. The original contract amount was $262,670.00 and the change order amount (total) was $7,406.41. - Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 (Final) on the WWTP Generator Building with Challenger Companies for $7,406.41 and authorize the Mayor to sign it. From the desk of... Lenard Thank you for your consideration. Please contact me if you have any City Engmcer questions regarding any of these items. Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 898-9551 gradyl@mendiancity org 0 Page 1 • CHANGE ORDER NO. 1 • DATE OF ISSUANCE 12/15/2005 EFFECTIVE DATE 12/15/2005 OWNER City of Meridian CONTRACTOR._ Challenger Companies Inc Contract: WWTP Standby Power Building ENGINEER You are directed to make the following changes in the Contract Documents: Description: 1) See attached Attachments: (List documents supporting change): COR Tracker from DC Engineering CHANGE IN CONTRACT PRICE: Original Contract Price $ 262 670 Net Increase (Decrease) from previous Change Orders No. 0 to 0 $—Q -- Contract 0Contract Price prior to this Change Order: $ 262 670 Net increase (decrease) of this Change Order: $ 7.406.41 Contract Price with all approved. Change Orders: $ 270.076.41 RECOMM tDEBy:E INEER rized Signatur Date: 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 IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. 1 to No. 1—: 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: 0 Ready for final payment: 0 (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) Mayor De Weerd Attest: William Berg Jr., City Clerk Council Approval 12/13//05 0 ENG/NEER/NG COR TRACKER .Project # 04131 Title: Generator Upgrade RFI Number Date ;description Company . Requester -` Request . Amount Approved . 001 4/28 Louver O enin s Challenger Contractor $660 LG / 5/6 002 4/28 EF -2 Curb Challenger Contractor $496 LG / 5/6 003 4/28 EF -2 Challenger Contractor $1,188 LG / 5/6 004 4/28 Thimble Roof jacks Challenger Contractor $1,574 LG / 5/6 005 5/11 Feeder chan a Challenger IPCO $2,147.62 LG / 5/17 0.06 6/21 Service Chane Challenger IPCO $1,340.79 LG / 7/7 Total 9/13 $7,406.41 December 8, 2005 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT ITEM NO. S -O REQUEST Approve City Custodial Services Agreement with Western Building Maintenance 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: Emailed: „u„ ,,,,,,um Materials presented at public meetings shall become properly of the City of Meridian. Phone: 0 CUSTODIAL SERVICES AGREEMENT THIS AGREEMENT made between the City of Meridian, a political subdivision of the State of Idaho, hereinafter referred to as "CITY", and Western Building Maintenance, hereinafter referred to as "CUSTODIAN." The CITY and CUSTODIAN, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. WORK The CUSTODIAN is to perform Custodial services as set forth hereafter, in the buildings and at the frequency set forth in the original bid specifications with amended as herein negotiated and incorporated by reference in Appendix "A." 2. COMPENSATION The CITY shall pay the CUSTODIAN the sum of $4,826.00 per month for the services described herein and in Appendix "A Generally, payment will be sent to the CUSTODIAN within thirty (30) days following the CITY receipt of the CUSTODIAN's monthly invoice. In addition, the CITY will compensate the CUSTODIAN for any additional services as agreed to in writing between the CITY and CUSTODIAN. This may include additional services within the CITY's Buildings, special clean up, etc. CUSTODIAN agrees to invoice those agreements separately from the monthly amount. The rates and costs for this service will be negotiated on a case-by-case basis. 3. MATERIALS AND EQUIPMENT CUSTODIAN agrees to provide all materials and equipment necessary to perform all listed services as a part of the compensation listed above. The CITY will provide a storage area. The CITY will supply the paper products, liners and hand soap as needed by the CUSTODIAN. 4. EMPLOYEES The CITY and the CUSTODIAN have a high degree of concern for security and confidentiality of the CITY's information. Based upon mandated and preferred levels of security the CITY will not engage any party to perform the services contemplated by this agreement without a background check being performed on the individuals doing the desired work. The CITY is concerned about honesty and integrity in the performance of this agreement. The CITY will perform these backgrounds at no cost to the CUSTODIAN, but to verify the ability to allow access to CUSTODIAN's employees to sensitive areas. CUSTODIAN agrees to provide CITY with a list of names, dates of birth, social security numbers and addresses of all employees who will be performing the CUSTODIAL SERVICES AGREEMENT- PAGE 1 of 9 0 Custodial services. CUSTODIAN agrees not to use any person in the performance of this contract until such person has been cleared by the CITY. (Preliminary Approval / Rejection will normally be completed within one week.) If CITY disapproves of any such employee(s), in writing, CUSTODIAN agrees not to use such employee(s) in the work. CUSTODIAN further agrees to use care in selecting trustworthy employees and in supervising them. Procedure for implementing this section: A. CUSTODIAN will submit name, date of birth, social security number, and addresses for all employees CUSTODIAN wishes to provide service under this contract to the CITY contact. B. CITY will provide a response to CUSTODIAN, normally within one week, depending on extent of background check required. C. Approved employees will be required to make an appointment during regular business hours to obtain an identification card which will allow work within the CITY buildings. Employees may begin work only after obtaining this identification card. D. CUSTODIAN's employees will wear the approved identification card at all times while within the CITY's building. CUSTODIAN employee identification cards will be subject to random checks by City or police personnel. E. Failure to wear the approved identification within the CITY's building shall result in the ejection of the employee and possible denial of future access to the building. F. Any CUSTODIAN employee who gains access to the CITY's buildings using an identification card issued to another person shall be ejected from the building and all future access shall be denied. Additionally, the access privileges of the person to whom the identification card is issued shall be withdrawn permanently. G. Upon separation of service of any employee who has been granted access to the CITY's buildings, CUSTODIAN agrees to notify the CITY Contact by e-mail or phone on the same day the separation occurs, or if such separation occurs at other than regular business hours, the next following business day prior to 9:00 am. CUSTODIAN is also responsible for retrieving any CITY issued identification card from such employee returning said card to the CITY Contact. CUSTODIAL SERVICES AGREEMENT- PAGE 2 OF 9 0 • 5. INDEMNIFICATION CUSTODIAN agrees to indemnify, defend, and hold harmless the CITY, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities or CUSTODIAN, CUSTODIAN's agents, employees, or representatives under this Agreement. 6. INSURANCE The CUSTODIAN shall not commence work under this Agreement until he/she has furnished the CITY OF MERIDIAN with satisfactory proof of the carriage of insurance as specified herein. A. Workers' Compensation Insurance: The CUSTODIAN shall maintain, during the life of this Agreement, Workers' Compensation Insurance for all employees employed on this work. 1. State — Statutory 2. Employers Liability — Statutory 3. Applicable Federal - Statutory B. Comprehensive General Liability The CUSTODIAN shall maintain this insurance against death or injury to person or damage to property during this life of this contract in such form as it will protect the CUSTODIAN and CITY OF MERIDIAN from all as above provided in the amounts specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, currently $500,000 for bodily or personal injury, death, or property damage or loss as the result of any one occurrence or accident, regardless of the number of persons injured or the number of claimants. In the event the insurance minimums specified in the Tort Claims Act are changed, CUSTODIAN shall immediately submit proof of compliance with the changed limits. The limits of insurance shall not be deemed a limitation of the covenants to indemnify, defend, and hold harmless the CITY. Any change in insurance coverage shall require thirty (30) days notice to the City prior to the change. Any change must still be consistent with the terms of this Agreement. 7. CONDITIONS OF WORK The CUSTODIAN has informed himself/herself of the conditions relating to the work and it is assumed that he/she has inspected the site at which the work is to be done and has made himself/herself familiar with the required cleaning functions and frequency at the site as shown in the previously listed Schedule of Custodial Service. CUSTODIAL SERVICES AGREEMENT- PAGE 3 of 9 0 0 8. KEYS CUSTODIAN agrees that all keys that they receive to perform on this agreement shall remain the property of the CITY. Upon termination of this agreement all keys shall be returned. The CITY shall supply the necessary keys to the buildings and they may not be duplicated by the CUSTODIAN without the consent of the CITY. Any employee of the CUSTODIAN that is entrusted with a key shall be apprised of this specific contractual condition. A violation of this condition may be considered "cause" for termination of this agreement pursuant to the Termination clause. 9. COMPLIANCE WITH LAWS CUSTODIAN agrees to comply with all federal, state, city, and local laws, rules and regulations. 10. ACCESS CARD CITY will give one magnetic access card to each CUSTODIAN employee for access to the necessary premises, and CUSTODIAN must obtain the approval of CITY as to any employee who is given an access card. CUSTODIAN shall immediately report the loss or compromise of the card to the CITY contact. 11. INDEPENDENT CONTRACTOR The parties agree that CUSTODIAN and all its employees are independent contractors for CITY and in no way employees or agents of CITY and are not entitled to workers compensation or any benefit of employment with the CITY. The CITY shall have no control over the performance of the Agreement by CUSTODIAN, except to specify the time and place of performance and the results to be achieved. CUSTODIAN shall be responsible for the payment of any and all taxes due for the compensation received under this contract. 12. TERMINATION For Cause: If, through any cause, CUSTODIAN, 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, the CITY may immediately terminate this agreement with notice to CUSTODIAN. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. Without waiving its right to immediately terminate for cause, the CITY may allow CUSTODIAN to make reasonable attempts to resolve performance issues that are CUSTODIAL SERVICES AGREEMENT- PAGE 4 of 9 capable of being rectified. In the event that the CITY determines, in its sole opinion, that a performance issue may be capable of being rectified, the CITY will provide notice of problems regarding performance and CUSTODIAN shall have a reasonable time to cure, if practicable. If after reasonable efforts to resolve performance issues no resolution can be reached to the satisfaction of the CITY then the CITY may proceed to immediately terminate for cause. Without Cause: If the CITY Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CUSTODIAN of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. CUSTODIAN may also terminate this agreement at any time by giving at least thirty (30) days notice to CITY. In the event of any termination of this Agreement, CUSTODIAN shall immediately return all keys and other CITY property in its possession, and CUSTODIAN shall be entitled to receive just and equitable compensation for any work satisfactorily completed. Notwithstanding the above, CUSTODIAN shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CUSTODIAN, and the CITY may withhold any payments to CUSTODIAN for the purposes of set-off until such time as the exact amount of damages due the CITY from CUSTODIAN is determined. This provision shall survive the termination of this agreement and shall not relieve CUSTODIAN of its liability to the CITY for damages. 13. DISPOSAL OF TOXIC SUBSTANCES CUSTODIAN agrees to dispose of any and all toxic substances used in the premises in accordance with federal, state and local statutes and regulations and further agrees to indemnify CITY from any liability resulting there from. 14. ATTORNEY FEES Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare termination or forfeiture of this Agreement. 15. AGREEMENT TIME PERIOD The work under this Agreement shall begin January 1, 2006, and, unless terminated pursuant to Section 12 above, and end September 30, 2006, unless otherwise extended by amendment. The CITY shall have the sole discretion to extend the contract subject to a review of the monthly costs or other services to be provided annually and agreement by the CUSTODIAN. If the CITY and the CUSTODIAN agree to renew this agreement then the new costs for service and services provided shall be incorporated by reference to this Agreement and will be subject to the approval of the Mayor and City CUSTODIAL SERVICES AGREEMENT- PAGE 5 OF 9 • Council. If custodial services are needed prior to January 1, 2006, the CITY will notify CUSTODIAN, at Custodian's discretion, the services may begin prior to the proposed start date. 16. NOTICES AND INVOICES Address for giving notices: Address for giving notices: City Clerk Western Building Maintenance City of Meridian P.O. Box 9408 33 East Idaho Avenue Boise, ID 83707 Meridian, ID 83642 208-888-4433 208-345-2951 17. CONTACTS FOR SERVICE ISSUES The CITY shall maintain a single point of contact for feedback to the CUSTODIAN. The contact shall be Bill Nary, City Attorney/HR Director or the CITY's designated Purchasing Agent. The contact person may also provide a direct department contact when necessary regarding a particular CITY building or issue. Contact may be made by phone (898-5506) or cell phone (440-3881) or CITY e-mail naryb@meridiancity.org. The CUSTODIAN shall provide primary points of contact for feedback to the CITY. The contact shall be in order of contact preference: (1) Jake Estess cell phone (830-4451); (2) Bret Vaterlaus cell phone (866-0325); (3) Carlos Lopez cell phone (866- 0618). 18. ASSIGNMENT A. No assignment by a party hereto of any rights under or interest in the Agreement Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Agreement Documents. B. THE CITY and CUSTODIAN each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Agreement Documents. CUSTODIAL SERVICES AGREEMENT- PAGE 6 of 9 19. CONSTRUCTION AND SEVERABILITY If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. APPLICABLE LAW This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 22. APPROVAL REQUIRED This Agreement shall not become effective or binding until approved by the City of Meridian. DATED this 13 �'h day of December, 2005. CUSTODIAN REPRESENTATIVE By: Name: -1. �4- �21.�►5 [CORPORATE SEAL] Position: P Pecs Attest: DATED this j34 day of December, 2005 �`,j111}tfell/�f-ddJd, Of Y: 1 ame: T eWeerd a �"'���V Approved by City (date) Atte William G. Berg, Jr., City Cl rk , '`dddddlflUl �1140ti40��`i CUSTODIAL SERVICES AGREEMENT- PAGE 7 of 9 i APPENDIX A SPECIFICATIONS i • Vacuum all carpets and dust all furniture, lockers, and surface areas. • Carpet extraction. • Mop all tiled floors with a cleaner. • Strip and wax all tiled floors, including buffing / polishing of floors with a mechanical polisher. • Empty all trash containers and discard all materials specified by the CITY • Wash all windows with a window cleaner, inside and outside. • Clean all bathrooms, including toilet and lavatory bowls and refill all paper towel and toilet paper dispensers. • Change burned out light bulbs as needed with the exception of high lights in lobby areas. • Clean light fixtures. • Clean heating and cold air vents. • Wash walls and door moldings to remove markings. De artment / Fre uenc /Hours Attorney / Function City Ball Parks Police HR Wastewater Water Between 5 p.m. and 7 p.m unless there are After 5 p.m. After 5 meetings or when CITY p.m., but or before After 6 Before 7 Hall crew before 10 After 5 Hours 7 a.m. p.m. P.M. works p.m. p.m. Square Footage 8000 2000 30,000 3500 3600 4210 Kitchen/Break Rooms — Clean sinks/empty 5 per 5 per trash week 2 per wk week 5 per week 2 per wk Z per wk Vacuum / Dust 5 per wk 2 per wk 5 per wk 2 per wk 2 per wk 2 per wk Carpet Shampoo 2per yr 2 per yr 2 per yr 2 per yr 2 per Yr2 per 1 per wk I per wk I per wk or as or as I per wk or or as needed needed 1 per wk or as as needed needed Floor due to due to needed due to due to due to Mopping 5 per wk weather* * weather* * weather* * weather* * weather* * CUSTODIAL SERVICES AGREEMENT- PAGE 8 OF 9 Floor Waxing 2 per yr 2 per yr 4 per yr* 2 per yr 2 per yr* 2 per yr Empty Trash 5 per wk 2 per wk 5 per wk 5 per wk 2 per wk 2 per wk Wash Windows Outside & Inside 2 per yr 2 per yr 4 per yr 2 per yr 2 per yr 2 per yr Clean Bathrooms 5 per wk 2 per wk 5 per wk 5 per wk 2 per wk 2 per wk Change Light Bulbs As needed As needed As needed As needed s needed As needed Clean Light Fixtures 2 per yr 2 per yr 2 per yr 2 per yr 2 per yr 2 per yr Clean Air Ducts 2 per yr 2 per yr 2 per yr 2 per yr 2 per yr 2 per yr Clean Blinds 2 per yr 2 per yr 2 per yr 2 per yr 2 per yr 2 per yr Wash Walls /Molding 11 per yr 1 per yr 1 per yr 1 per yr 1 per yr 1 per yr * Floor buffmg also required, once per week for Police, twice per year for Waste Water **Mopping only done when custodian performs work at that City building = As outlined in Custodial Agreement CONTACTS (See Also Paragraph 17 of Agreement) The CITY shall maintain a single point of contact for feedback to the CUSTODIAN. The contact shall be Bill Nary, City Attomey/HR Director or the CITY's designated Purchasing Agent. The contact person may also provide a direct department contact when necessary regarding a particular City building or issue. Contact may be made by phone (898-5506), cell phone (440-3881) or City e-mail paxybna yb@meridiancity.org. The CUSTODIAN shall provide primary points of contact for feedback to the CITY. The contact shall be in order of contact preference: (1) Jake Estess cell phone (830- 4451); (2) Bret Vaterlaus cell phone (866-0325); (3) Carlos Lopez cell phone (866-0618). SCHEDULE OF COMPLETION All Custodial services to City Hall must be completed after 5:00 pm on regular business days and must take in consideration any scheduled meetings. No access will be allowed to the basement after regular business hours, except with authorized escort. Access to certain areas may be restricted, as confirmed with the City of Meridian contact. Pursuant to the attached Table all times are fixed unless directed differently by the CITY contact and all staff of CUSTODIAN will have vacated the premises of the CITY upon completion of the assigned work. CUSTODIAL SERVICES AGREEMENT- PAGE 9 of 9 Meridian City Council • December 13, 2005 Page 2 of 42 0 peace and continued prosperity. And for these gifts we give you thanks through Christ our Lord, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor Slyter and Merry Christmas. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: First of all, on the Consent our resolution number is 05-495. Also we had Item No. P needs to be deleted from the Consent Agenda. In our department reports, Planning and Zoning, Anna, would like to have a second item, reorganization. And on the regular agenda, Item 12 has been asked to be continued or tabled for two weeks. And also Item No. 18, which is an ordinance, is number 05-1207. And with that I move we approved the revised revised agenda. Rountree: Second. De Weerd: It's just revised once, although you just revised it. Bird: I revised it a second time. De Weerd: The motion is to accept the agenda as amended. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of November 15, 2005 City Council Regular Meeting: B. Approve Minutes of November 22, 2005 City Council Regular Meeting: C. Resolution No. Declaring the Intent of the City of Meridian to Offer for .Exchange Certain Real Property Located at 55 East Broadway Avenue in the City of Meridian Legally Described as Lot 20 of Block 1 of the Meridian Townsite; Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Exchange: Meridian City Council • December 13, 2005 Page 3 of 42 D. Approve Adult Business License Renewal for Paul McLeod / Valley Video at 433 N. Main Street: E. Approve Pawnbroker's License Renewal for Terry Stewart / Benny's Pawn at 451 N. Main Street: F. Approve Pawnbroker's License Renewal for Paul Watson / Meridian Coin & Pawn at 1550 N. Main Street: G. Well No. 20 B Power Easement for Idaho Power Company: H. Streetlight Aareement for Settlement Bridge No 3 by Capital Development: I. Chanae Order No. 1 for the WWTP Standby Power System Procurement with Western States Equipment Corporation: J. Hook-up to City Services Aareement for Edward and Loretta Sweet — Outside City Limits (2640 North Meridian Road): K. Agreement for Professional Services for Meridian Wastewater Treatment Plant MCC 4 Replacement with DC Engineering, Inc.. L. Development Agreement: AZ 05-026 Request for Annexation and Zoning of 15.32 acres from RUT to R-8 zone for Hollvbrook Subdivision by Hollybrook, LLC — 3265 North Curt Drive and 540 East Ustick Road: M. Chan-ge Order No. 1 for Ustick Road Widening with W.H. Moore Company: N. Chan-ge Order No. 1 for WWTP Standby Power Building with Challenger Companies: O. Approve City Custodial Services Aareement with Western Building Maintenance: De Weerd: Thank you. That was a little unusual, wasn't it. Okay. Item 5 is the Consent Agenda. Mr. Bird. Bird: Madam Mayor, I move that we approve the Consent Agenda with the ordinance number 05-495 and we will delete Item No. P and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. Meridian City Council • December 13, 2005 Page 4 of 42 De Weerd: Okay. I have a motion and a second to approve the Consent Agenda with removal of P. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Planning Department — Anna Canning 1. Application Fee Refund for Durango Springs Subdivision: De Weerd: Item 6-A, Department Reports. We will start with Anna, Item No. 1. Canning: Thank you, Madam Mayor. Madam Mayor, Members of the Council, we had a large project that has withdrawn their application. They submitted $16,384.68 for that application. We committed to them that we would ask for a reimbursement of a portion of that. What I have done -- you have a memo from Josh Wilson addressed to myself detailing how we came up with a suitable reimbursement and what we did is we figured out how many hours we had spent on the project and multiplied it by the rate that's listed in the fee structure and we added in any hard costs associated with the noticing from the clerk's office. So, we are asking that they be reimbursed for $13,972.68. De Weerd: Okay. Council, do you have any questions regarding the memo in front of you? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: With the staffs approval, I would move that we approve refund of $13,972.68 to Durango Springs Subdivision North and South. Rountree: Second. De Weerd: Okay. The motion is to approve the request of staff. Is there any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. 2. Organizational Chart. December 8, 2005 MERIDIAN CITY COUNCIL MEETING • December 13, 2005 CUP 05-040 APPLICANT Farmers & Merchants State Bank ITEM NO. 5-P REQUEST Corrected Findings — Request for CUP to modify conditions of approval for CUP 03-050 in order to allow the existing building at 703 N. Main St. to remain & to allow public use in O -T zone for Farmers & Merchants State Bank - 703 N. Main St. 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 Corrected Rndingsa -0*" rl 4wil, Date:. .---� - Phone: -C®03 Staff Initials: shall become property of the City of Merldlan. 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Ll In the Matter of a Request for a Conditional Use Permit to modify the Conditions of Approval for CUP -03-050 and allow a public use in the O -T Zone, by Farmers and Merchants State Bank. Case No(s). CUP -05-040 For the City Council Hearing Date of: September 27, 2005 and November 15, 2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 27, 2005 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 27, 2005 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 27, 2005 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 27, 2005 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 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(S). CUP -05-040 - PAGE I of 4 �J L� 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, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of September 27, 2005 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated March 21, 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 September 27, 2005 incorporated by reference. D. Notice of Applicable Time Limits 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -05-040 - PAGE 2 of 4 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. 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 September 27, 2005 By action of the City Council at its regular meeting held on the , 2005. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy de Weerd CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -05-040 - PAGE 3 of 4 day of • Attest: William G. Berg, Jr., City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. Lo City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -05-040 - PAGE 4 of 4 • • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 STAFF REPORTCity Council Hearing Urn, Fir Hearing Date: 9/27/2005 TO: Mayor, City Council , FROM: Josh Wilson, Associate City Planner SUBJECT: Farmers and Merchants State Bank CUP Modification • CUP -05-040 Modify the conditions of approval for CUP -03-050 and allow a public use in the Old Town zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has requested to modify the conditions of approval of CUP -03-050 in order to allow the existing building at 703 N. Main Street remain and also to allow a public use in the Old Town zone. The existing building that is proposed to remain would be leased to the City of Meridian for office space. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on September 1, 2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: None. ii. In opposition: None. iii. Commenting: Mark Stewart, Washington Federal iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Former drive through access to Main Street ii. Access to Washington Federal parking lot for vehicular circulation c. Key Commission Changes to Staff Recommendation: i. Add Condition 1.5 which states "The applicant shall place a planter or bench at both ends of the former drive through lane to prevent direct vehicular access to Main Street" ii. Delete Condition 1.6 which states "The applicant shall submit to the Meridian Planning Department a recorded cross access agreement with the Washington Federal property to the north, and the existing curb located on the north property line of the subject property, across the drive aisle, shall be removed at Washington Mutual's expense." d. Outstanding Issue(s) for City Council: i. ---- ii. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 703 N. Main Street / Corner of Main St and Broadway Ave 3N1E7 b. Owner: Farmers and Merchants State Bank 5328 Fairview Ave CUP -05-040 PAGE I • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Boise, Idaho 83703 c. Applicant: Farmers and Merchants State Bank 5328 Fairview Ave Boise, Idaho, 83703 d. Representative: Denise Lauerman, CSHQA e. Present Zoning: OT f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: 1. Date of CUP site/landscape plan (attached as Exhibit A2): 03/21/05 h. Applicant's Statement/Justification (reference submittal material): From the letter dated June 28, 2004: "Farmers and Merchants State Bank received Conditional Use Permit approval in January of 2004 (CUP -03-050) to construct a new bank facility in downtown Meridian at the corner of Meridian Road and Broadway Avenue. The applicant proposed to construct a new 16,000 square foot facility on their property which extends from Main Street to Meridian Road along the north side of Broadway Avenue. The property contained an existing structure that formerly housed the bank facility that was relocated to the new building, and removal of the older building for the construction of a proposed pedestrian plaza was a condition of approval for the CUP. Specifically, the condition reads: "The applicant shall remove the existing Farmers and Merchants State Bank building upon occupancy of the new building facility." It is important to note that construction of the pedestrian plaza was not included as a condition of approval. Farmers and Merchants State Bank is proposing to modify the approved Conditional Use Permit (CUP -05-030) in order to retain the existing building for use as leased office space. The applicant would also like to modify the CUP to include approval of a "public use," which is a conditional use in the Old Town zone, for use of the building as offices for the City of Meridian. Meridian City Code 11-17-1OC states: "Upon written application by the holder of a conditional use permit, and following a hearing and recommendation by the commission, the council may modify the conditions, limitations and/or scope of the permit, in accordance with the limitations and requirements of section 11-17-3 of this chapter. The council may delegate to the commission and zoning administrator authority to consider and approve or deny specified minor modifications, provided such modification was not the subject of appeal during the original public hearing and will not adversely impact adjacent properties." The requested modifications to the CUP are beyond the scope of modifications which can be approved at a Staff or Commission level, thereby requiring a new Conditional Use Permit." 4. PROCESS FACTS a. 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. b. Newspaper notifications published on: September 12, 2005 and September 26, 2005 c. Radius notices mailed to properties within 300 feet on: September 5, 2005 CUP -05-040 PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL 208 884-5533 d. Applicant posted notice on site by: September 15, 2005 5. LAND USE a. Existing Land Use(s): Vacant commercial building b. Description of Character of Surrounding Area: Mix of commercial and office uses c. Adjacent Land Use and Zoning 1. North: Washington Mutual Bank and Meridian City Hall, zoned O -T. 2. East: Main Street and various businesses, zoned O -T. 3. South: Broadway Avenue and vacant land proposed for development, zoned O -T. 4. West: Farmers and Merchants new bank facility, zoned O -T. d. History of Previous Actions: CUP -03-050, VAR -03-021 e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Already serviced Location of water: Already serviced Issues or concerns: None. 2. Vegetation: Existing streetscape installed as part of original CUP approval 3. Flood plain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: NA 6. Proposed Zoning: O -T 7. Size of Property: 1.03 acres 8. Description of Use: Public offices f. Conditional Use Information 1. Non-residential square footage: 3,981 square feet of existing structure 2. Proposed building height: 15 feet (existing structure) 3. Number of Residential units: NA g. Off -Street Parking (non-residential uses) 1. Parking spaces required: 83 for entire site (including new bank facility) 2. Parking spaces proposed: The property was granted a parking variance for 46 on site parking spaces and 13 off site parking spaces on Broadway Avenue (for a total of 59 spaces). 3. Compact spaces proposed: No compact spaces are proposed. 4. Off-site parking proposed: Yes- 13 spaces existing on Broadway Avenue h. Proposed and Required Non -Residential Setbacks: Existing Required CUP -05-040 PAGE 3 i • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Front 15 20 Street side 0 20 Side 15 5 per story Rear 40 20 Frontage 60 50 Lot Size 1.03 acres 7,000 sq. ft. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the building will be through the existing curb cut on Broadway Avenue and parking lot to the west. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Old Town" and it is currently zoned O -T. Old Town "includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theaters, restaurants and service retail for surrounding residents and visitors." (see Comprehensive Plan, p. 99). Staff finds that the following Comprehensive Plan policies apply to the subject application: • Develop incentives to retain the existing institutional, commercial, and government anchors to remain in Old Town. (Chapter IV, Goal 11, Obj. D, Action 8) • Support compatible uses which will attract a high daytime and nighttime population to the downtown area. (Chapter V, Goal II, Obj. A, Goal 3) 8. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists offices and public uses as conditional uses in the Old Town zoning district. b. Purpose Statement of Zone: The purpose of the OT district is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi -public, cultural, financial and recreational center of the city. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban city center. The district shall be served by the municipal water and sewer systems of the city. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. c. General Standards: According to MCC 11-17-1, the City should impose any condition(s) deemed necessary to insure compatibility of the development (CUP) with other uses in the vicinity and such additional safeguards as are necessary to uphold the intent of the ordinance. Please see Conditions of Approval in Exhibit B. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation CONDITIONAL USE PERMIT 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 public use and allowing the existing building to remain will promote the best interests of the City of Meridian. Please see Exhibit D for detailed analysis of facts and findings. CUP -05-040 PAGE 4 r • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 I. Si a e: Since Old Town does not have specific signage regulations, any wall signs should be regulated by the L -O standards in the zoning ordinance. The L -O District standard for wall signs is no more than eighteen percent (18%) of wall area (up to a maximum of seventy-five (75) square feet). If the building is a multi -tenant structure, all future signs for tenants will require conditional use approval, unless the sign type, size, and location are approved with this application. Therefore, staff strongly recommends that the applicant verify that all desired signage is reviewed with this application. 2. Vehicular Access: The applicant has not proposed any changes to existing vehicular accesses to the site and the former drive through access from Main Street is proposed to remain. As part of the construction of the new bank building and renovation of the site, an extruded concrete curb was placed on the north property line, prohibiting vehicles from the Washington Mutual Bank parking lot from exiting through the Farmers and Merchants curb cut on Broadway Avenue. 10. PROPOSED MOTION Approve I move approve File Number CUP -05-040 as presented in the staff report for the hearing dated September 27, 2005, and the site/landscape plan dated March 21, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move deny File Number CUP -05-040 as presented in the staff report for the hearing dated September 27, 2005, and the site/landscape plan dated March 21, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re -do the application to gain your recommendation for approval). 11. EXHIBITS A. Drawings 1. CUP Site/Landscape Plan (dated: 3/21/05) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance CUP -05-040 PAGE 5 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 A. Drawings 1. CUP Site/Landscape Plan (dated: 3/21/05) +m.nsmm YYd w.exlNCl — - - — Koi177�Y)SNOJ,.� w�maaw uwcr�e e a -- IlO,tlO,`icu bWn6vf{3gd XvIcullm dq I I Ig �3 Pam IN mt Ee 0 A -I CITY OF MERIDIAN PLANNING D ZONING DEPARTMENT STAFF REPORT. CALL 20 - Q ( 8) 884 5533 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 All signage shall per the L -O (Limited Office) zone and in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to review and shall require separate permits. 1.2 No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC) issued by the Planning Department. 1.3 The request to allow the existing building at 703 N. Main Street to remain is hereby approved. 1.4 The request to allow a public use in the Old Town zone, for leased office space to the City of Meridian, is hereby approved. 1.5 The applicant shall place a planter or bench at both ends of the former drive through lane to prevent direct vehicular access to Main Street. 2. PUBLIC WORKS DEPARTMENT No comments received. 3. FIRE DEPARTMENT No comments received. 4. POLICE DEPARTMENT No comments received. 5. PARKS DEPARTMENT No comments received. 6. SANITARY SERVICE COMPANY No comments received. 7. ADA COUNTY HIGHWAY DISTRICT Applicant shall comply with Conditions of Approval for CUP -03-050. IM CITY OF MERIDIAN PLANNING D ZONING DEPARTMENT STAFF REPORT. CALL 208 884- Q ( ) 5533 C. Legal Description LEGAL DESORIPTION LOTS 1 THROUGH 5 IN BLOCK 2 OF THE AMENDED PLAT OF THE ORIGINAL TOWNSI TE OF MERIDIAN, AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED IN BOOK 1 OF PLA TS A T PAGE 30, RECORDS OF ADA COON TY, IDAHO. AND THE SOUTH 112 OF L 0 TS 12 THROUGH 16 AND ALL OF LOTS 7 THROUGH 11 INCLUSIVE, IN BLOCK 2 OF THE AMENDED PLAT OF THE ORIGINAL TOWNSI TE OF MERIDIAN, RECORDED IN BOOK 1 AT PAGE 30 RECORDS OF ADA COUNTY, IDAHO. C -I CITY OF MERIDIAN PLANNING D ZONING DEPARTMENT STAFF REPORT. CALL 208 884-55 Q ( ) 33 D. Required Findings from Zoning Ordinance 1. 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; City Council finds that the subject property is large enough to accommodate the requested use and all other required 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; This property is designated as Old Town on the Comprehensive Plan Future Land Use Map. If the applicant complies with the Conditions of Approval in Exhibit B, City Council finds that the proposal will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of Meridian City Code. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; The existing character of the area will, and is, currently changing. However, City Council finds that the applicant is not proposing to alter the structure or character of the property and the use proposed is congruent with surrounding uses and uses that have occurred on the property in the past. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; If all Conditions of Approval contained in Exhibit B are complied with, City Council does not believe that the proposed use 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; The ACHD has submitted a "comply with" letter for this development. ACHD has required that the applicant shall comply with the conditions of approval for the previously approved Conditional Use Permit (CUP -03-050). 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; WE 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 City Council finds there will not be excessive additional requirements at public cost and the use of this property as proposed will not be detrimental to the economic welfare of the community. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that this use will not involve activities, processes, materials, equipment, or operations that will be detrimental to any persons, property, or the general welfare of any persons or property in the area. The proposed use should not produce excessive traffic, noise, smoke, fumes, glare or odors. 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; The applicant has not proposed any changes to existing vehicular approaches and City Council finds that the proposed use will not create an interference with traffic on surrounding public streets. 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. City Council is unaware of any natural or scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the subject application. [W) December 8, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT Planning Department - Anna Canning ITEM NO. 6-A-1 REQUEST Application Fee Refund for Dorango Springs Subdivision 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: Emailed: Marr mrnais: Materials presented at public meetings shall become property of the City of Meridian. Phone: djj CITY OF MERIDIAN Planning Department Memo To: Anna Canning, Planning Director From: Josh Wilson, Associate City Planner CC: file Date: December 6, 2005 Re: Durango Spring Subdivision North/South refund DEC a -j- 2005 City of Meridian City Clerk Office The Planning Department is recommending a refund to the applicant of $13,972.68 for Durango Springs Subdivision North and South. The $2,412.00 to be withheld from the $16,384.68 application fee is detailed below. Planning Department • Meetings with the applicant and agents 6 hours x $50.00/hour $300.00 • Meetings with concern citizens 3 hours x $50.00/hour $150.00 • Review of application for completeness 24 hours x $50.00/hour $1200.00 Public Works Department • Meetings with applicant and agents 9 hours x $31.00/hour $279.00 • Plan review 10 hours x $31.00/hour $310.00 Clerks Office • Notice of Public Hearing and staff time $142.00 Total Withheld $2412.00 Total Fee Collected $16,384.68 Refund Amount $13,972.68 1 0 0 December 8, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT Planning Department - Anna Canning ITEM NO. 6-A-2 REQUEST Organization Department AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 8,2W5 M 105-014 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT Casper Management, LLC ITEM NO. 8 REQUEST Request to Terminate a Development Agreement for Casper Management — 7.32 acres south of Overland Road and west of Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Staff Comments No Comments NAMPA MERIDIAN IRRIGATION: No Comments 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. December 8, 2005 FP 05-070 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT Liberty Partners, Inc. ITEM NO. 9 REQUEST Request for Final Plat approval of 47 building lots and 5 common area lots on 10.29 acres in an R-8 zone for Larkspur Subdivision No. 2 -- 200 and 205 East Rosalyn Court 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 See attached Stan Comments No Comments CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF LARKSPUR, ) LLC FOR FINAL PLAT APPROVAL ) OF 47 BUILDING LOTS AND 5 ) COMMON AREA LOTS ON 10.29 ) ACRES IN AN R-8 ZONE ) LOCATED AT 200 AND 205 EAST ) ROSALYN COURT IN A PORTION ) OF THE SW 1/ OF THE NW 1/ AND ) THE NW 1/ OF THE SW!/40F T. ) 3N., R. 1E., SECTION 19 ) C/C December 13, 2005 CASE NO. FP -05-070 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 December 13, 2005, 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: December 13, 2005, 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 LARKSPUR SUBDIVISION NO. 2 IN A PORTION OF THE SW 1/ OF THE NW % AND THE NW'/ OF THE SW % OF T. 3N., R. 1 E., SECTION 19, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LARKSPUR SUBDIVISION NO.2 / (FP -05-070) Page 1 of 4 IDAHO 2005, HANDWRITTEN DATE: 11/09/05, SHEET 1 OF 3, TREASURE VALLEY ENGINEERS, INC", LARKSPUR, 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: December 13 ,2005, listing 25 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Treasure Valley Engineers, Inc., a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of one page, 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 one page, and the additional requirements from the action of the Council taken at their December 13, 2005 meeting as follows, to -wit: 1.1 Adopt the action of the City council taken at their December 13, 2005 meeting, and specifically pertaining to the Staff Report, under Conditions of Approval, number 10, 16, and 22, such that they now read as follows: CONDITIONS OF APPROVAL 10. Prior to signature on the plat by the City Engineer, the applicant shall vacate the portion of the cul-de-sac ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LARKSPUR SUBDIVISION NO.2 / (FP -05-070) Page 2 of 4 right-of-way that is being shown as a portion of Lots 13 & 14, Block 6; and Lot 9, Block 7, or revise the plat so that no portion of those lots fall within the n t-of-wa . Revise the plat and the "Certificate of Owners" to include the above-mentioned vacated right-of-way in the legal description. 16. Graphically depict an 8 -foot wide Public Utilities, Drainage and Irrigation easement along the south boundary of Lot 29, Block 4, or reroute the pressure irriaation system to be contained in common area. The extra width is necessary to accommodate an irrigation main being installed. 22. Revise the note on the plat on the north-east boundary of the subdivision to read, " „ fi» ur a4enb eastem betffldaFy '." "Provide stem wall as required along eastern boundary of Lots 26 — 28, Block 4." 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 LARKSPUR SUBDIVISION NO.2 / (FP -05-070) 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 may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of LCO CM �/ , 2005. By: Tammy dffeerd ��``", itI ,,j,1V,[ayor, Ci6l of Meridian Attest: ���� ����`®OPs William G. Berg, Jr., City SEA Jerk = Copy served upon Applicant, the City Attorney. By City Clerk's Office ent, Public Works Department, and ""'tiff 11111000% Dated: I- W ou ORDER OF CONDMONAL APPROVAL OF FINAL PLAT FOR LARKSPUR SUBDIVISION NO.2 / (FP -05-070) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: Hearing Date: December 13, 2005 Transmittal Date: December 8, 2005 Mayor & City Council i_,_19..4tab'yl�_.-_- ._ Sonya Watters, Assistant City Planner Michael Cole, Development Services Coordinator C - Larkspur Subdivision No. 2 Request for Final Plat Approval of Larkspur Subdivision No. 2 Consisting of 47 Single-family Residential Building Lots and 5 Common Lots on 10.29 Acres in an R-8 Zone by Larkspur, LLC (File# FP -05-070) We have reviewed this submittal and offer the following comments, as 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, Larkspur, LLC, has applied for final plat approval of 47 single-family residential building lots and 5 common lots on 10.29 acres in an R-8 zone for Larkspur Subdivision No. 2. The gross density for this subdivision is 4.66 dwelling units per acre. The net density is 5.81 dwelling units per acre. Larkspur Subdivision No. 2 is located approximately %z mile south of E. Overland Road and '/8 mile east of S. Kuna-Meridian Road, in the west %z of Section 19, T.3N., R.IE. A conditional use permit/planned development was approved for the proposed subdivision which allowed for reductions to the minimum requirements for lot size (from 6,500 s.f. to 4,108 s.f.), lot frontage (from 65 ft. to 42 ft.), interior side setbacks (from 5 ft. to 4 ft.), and rear setbacks (from 15 ft. to 12 ft.). The rear setback for the lots on the east side of S. Blackspur Way (Lots 26-38, Block 4) was required to be 25 ft. along the eastern boundary of the subdivision. Amenities approved as part of the planned development consist of open space in excess of 10%, a gazebo and barbeque area for residents, and connection to a City of Meridian multi -use pathway system through a connection to Larkspur Subdivision No. 1. The final plat submitted for this subdivision substantially complies with the approved preliminary plat. Staff recommends approval of Larkspur Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved annexation (AZ -05-036), preliminary plat (PP -05- 035), and conditional use permit (CUP -05-038) for this development. 2. The applicant has indicated that the pressurized irrigation system in this development will be an extension of a Nampa and Meridian Irrigation District system in Larkspur #1. Plans shall be approved by NMID prior to scheduling of a pre -construction meeting, and a copy of a signed Pressurized Urban Irrigation System Agreement being submitted prior to certificates of occupancy being released. Exhibit "A" FP -05-070 Larkspur Subdivision No. 2 FP.doc PAGE 1 0 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7 5. Temporary construction fencing to contain debris is required along the western and southern boundaries of the subdivision prior to release of building permits for the subdivision. 6. Sanitary sewer service to this site is being proposed from existing stubs from Larkspur #1. 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. 7. Water service to this site will be from main line extensions from existing water mains Larkspur #1. 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. 8. Remove all buildings that do not meet setbacks or the zoning ordinance prior to signature on the final plat by the City Engineer. 9. The homes adjacent to Meridian Greens Subdivision shall be constructed using 40 year "architectural" shingles on the roofs. 10. Prior to signature on the plat by the City Engineer, the applicant shall vacate the portion of the cul-de-sac right-of-way that is being shown as a portion of Lots 13 & 14, Block 6; and Lot 9, Block 7. Revise the plat and the "Certificate of Owners" to include the above-mentioned vacated right-of-way in the legal description. 11. It appears to staff that the legal description in the "Certificate of Owners" does not exactly match the boundary of the plat. The applicant shall confirm this information and make any changes necessary to confirm that the two are identical. 12. The bearing of the eastern boundary of this subdivision does not appear to meet the bearing of record for Meridian Greens Subdivision. The applicant shall confirm this information and include bearings of record. 13. Revise the spelling of the word "not" to "note" that is depicted in Lot 37, Block 4. 14. Graphically depict the "Real Point of Beginning" on the face of the plat. 15. The seepage beds located in Lot 9, Block 6 appear that they may encroach into the Department of Environmental Quality's required 20 -foot separation requirement between seepage beds and building foundations. Exhibit "A" FP -05-070 Larkspur Subdivision No. 2 FP.doc PAGE 2 CITY OF MERIDIAN ANNING AND PUBLIC WORKS DEP•ME NTS STAFF REPORT 16. Graphically depict an 8 -foot wide Public Utilities, Drainage and Irrigation easement along the south boundary of Lot 29, Block 4. The extra width is necessary to accommodate an irrigation main being installed. 17. 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. 18. The landscape plan, prepared by Treasure Valley Engineers and dated 11/16/05, shall be revised as follows: a. All evergreen trees shall be a minimum of 6 -feet tall per UDC 11-3B-5; revise plan accordingly. b. Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed. C. Show location of replacement trees equivalent to 160 caliper inches that are being removed from the site. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 19. Revise or add the following note(s) on the face of the plat dated 11/9/05, prepared by Treasure Valley Engineers, prior to signature on the final plat by the City Engineer: (8.) "Lots 12, 13, and 14 of Block 6 and Lot 9 of Block 7 ,%4}} are not b" part of the pr-epesed approved PUD." (9.) "...in compliance with Title 11 }ems of the Me"an City cede City of Meridian Unified Development Code..." Also, revise the conditional use permit file number referenced as CUP -04-025 to read CUP -05-038. 12.) Add note: "Lots 26-38 Block 4 shall have a 25 -foot wide rear setback." 20. Label the Basis of Bearings on the face of the plat. 21. Provide a temporary turn around easement on the plat at or near the terminus of E. Greenview Pl. per ACHD's requirements. 22. Revise the note on the plat on the north-east boundary of the subdivision to read, "Provide stem wall er-fi]4 along eastern boundary as required." 23. Submit the revised plat on paper that is eighteen (18) inches by twenty-seven (27) inches in size, with a three and one-half (3 1/2) inch margin at the left end for binding and a one-half (1/2) inch margin on all other edges per § 50-1304. 24. Complete the Certificate of Owners and accompanying acknowledgement. 25. Staff's failure to cite specific ordinance provisions or terms of the approved annexation, conditional use permit or preliminary plat does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- Exhibit "A" FP -05-070 Larkspur Subdivision No. 2 FP.doc PAGE 3 ACITY OF MERIDIAN PNNING AND PUBLIC WORKS DEPA• RTMENTS STAFF REPORT 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. 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. (UDC 11-3B-14) 3. 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. 4. 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. 5. 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. ?. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant's engineer will 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. 10. Coordinate fire hydrant placement with the City of Meridian Public Works department. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 13. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 14. 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. FP -05-070 Larkspur Subdivision No. 2 FP.doc Exhibit "A" PAGE 4 0 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF RECOMMENDATION Staff recommends approval of the final plat for Larkspur Subdivision No. 2 with the above stated comments and conditions. Exhibit "A" FP -05-070 Larkspur Subdivision No. 2 FP.doc PAGE 5 • • I■ 12/12/2005. 02:16 2083950230 ■ ■ PAGE 01/01. i■ t ■ To: Sonja Watters City of Meridian Planning and Zoning Department Fax 888-6854 Ce Lance Warniok Treasure Valley Engineers Fax 463-4391 From; Ron Sargent Larkspur LLC Phone 371-6110 Fax 395-0230 Subject Staff Report: Final Plat Larkspur Subdivision No. 2 FP -05-070 Date: December 12, 2005 The following are my comments regarding the Staff Report for the Final Plat Larkspur Subdivision No.4. Site Specific Requirements. #l0 At the City Council Meeting for the preliminary plat a discussion took place that the City of Meridian could not make it a requirement of the plat to force Ada County Highway District to sell land to Larkspur LLC. That is the jurisdiction ofACHD and not the City. ACHD has said they want a license agreement to landscape the area in question. At the City Council meeting a motion was made and unanimously agreed by the Council that Larkspur LLC be re wired by the City of Meridian to "apply" for the vacation and if that was not success to then enter into a license agreement with ACHD_ And since the process may take some time this requirement would only need to be met atoccupancy and would not be a requirement for the signing of the final plat Larkspur LLC has applied for the vacation. # 16 The 8 foot wide easement will be depicted on the property line between Lots 29 and 30 Block 4. *22 At City Council preliminary plat meeting, it was noted that this stem wall was only referred to being needed in the northeast comer of the proposed subdivision. To avoid confusion over the interpretation of this note it is requested the note read "Provide stem wall as required along eastern boundary of Lots 26 to 28 Block 4." Exhibit 'B" • DEC 28 '05 14;59 FR CITY OF MERIDIAN 208 888 4210^ TO P—RND—Z P.04/08 23 November 2005 City ei AAeritltyi:• p -%;ty Cf Pork 4.0f1onc- �: G� V William G. Berg Jr., City Clerk City of Meridian 33 East Idaho Ave. Meridian, ID 83642 RF-: FIE' 05-070/Larkspur Subdivision No. 2 Dear Will: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE_ Nampa 466-7861 SHOP. Nampo 466-0663 Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be, protected. All easements must be protected and any encroachment without a signed License Agreement and approved ptan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation Ibistrict must review drainage plans. The developer must comply with Idaho Code 31-3805. it is recommended that irrigation water -be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BlVdbg C: Crew Foreman File - Officelshop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 Exhibit "C" BOISE PROJECT RIGHT5.4Q0o0 December 8, 2005 FP 05-072 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT Liberty Partners, Inc. ITEM NO. 10 REQUEST Final Plat approval for 4 single-family residential building lots and 1 common area lot on 1.05 acres in a R-15 zone for Sommersby Cove Subdivision - northeast corner of West Pine and North Ten Mile Road AGENCY COMMENTS T� CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF LIBERTY ) PARTNERS, INC. FOR FINAL ) PLAT APPROVAL OF 4 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 1 COMMON AREA LOT ) ON 1.05 ACRES IN AN R-15 ZONE ) LOCATED ON THE NORTHEAST ) CORNER OF WEST PINE AND ) NORTH TEN MILE ROAD IN THE ) SW 1/ OF THE NW!/40F T. 3N., R. ) 1W., SECTION 11 ) C/C December 13, 2005 CASE NO. FP -05-072 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 December 13, 2005, 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: December 13, 2005, 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 SOMMERSBY COVE SUBDIVISION LOCATED IN THE SW '/ OF THE NW % OF T. 3N., R. 1 W., SECTION 11, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY COVE SUBDIVISION / (FP -05-072) Page 1 of 4 • HANDWRITTEN DATE: 11/08/05, SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP", LIBERTY PARTNERS, 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: December 13, 2005, listing 17 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 3 pages, and by this reference incorporated herein, and the additional requirements from the action of the council taken at their December 13, 2006 meeting as follows, to -wit: 1.1 Adopt the Recommendation from the action of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY COVE SUBDIVISION / (FP -05-072) Page 2 of 4 • current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY COVE SUBDIVISION / (FP -05-072) Page 3 of 4 • • Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of - Dr'i` efYl be,&,- , 2005. ``` ,fir ,`,%Ilollllllll Tammyeerd Attest: ® Mayor, of Meridian °°° William1 S Berg, Jr., Ci Clerk Copy served upon Applicant, the �+�'T 1 �� artment, Public Works Department, and City Attorney. °°°°°°°nq►rn nl������°��,,`` By- �01�1-� Dated: l® City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY COVE SUBDIVISION / (FP -05-072) Page 4 of 4 PCITY OF MERIDIANNNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: December 13, 2005 Transmittal Date: December 9, 2005 Mayor & City Council �wy <n Sonya Watters, Assistant City Planner Michael Cole, Development Services Coordinator C Sommersby Cove Subdivision Request for Final Plat Approval of Sommersby Cove Subdivision Consisting of 4 Residential Building Lots and 1 Common Lot on 1.05 Acres in an R-15 Zone by Liberty Partners, Inc. (File# FP -05-072) submittal and offer the following comments and conditions of the applicant. be considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Liberty Partners, Inc., has applied for final plat approval of 4 residential building lots consisting of 1 townhouse with 4 dwelling units and 1 common area lot on 1.05 acres in an R-15 zone for Sommersby Cove Subdivision. The gross density of this phase of the Sommersby development is 3.81 dwelling units per acre. The net density is 5.8 dwelling units per acre. Sommersby Cove Subdivision is located approximately 1/8 mile east of N. Ten Mile Road and 1/8 mile north of W. Pine Ave., in the NW % of Section 11, Township 3 North, Range 1 West. A Conditional Use Permit/Planned Development was approved for the proposed subdivision which allowed for reductions to the minimum requirements for: street frontage to 0 feet on a public street; rear setbacks to 15 feet for all perimeter lots except, rear patios may be allowed a 3 foot encroachment if necessary, interior side setbacks to 5 feet per story and 0 feet for garages and attached units; street side setbacks to 20 feet; and fence setback from N. Gray Cloud Way to 10 feet. Amenities provided as part of the Sommersby planned development are not contained within this phase. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Sommersby Cove Subdivision with the comments and conditions stated in this report. SPECIAL CONSIDERATION FOR CITY COUNCIL As a condition of approval of the planned development approved for this subdivision, the applicant was required to submit detailed front and rear elevations of the proposed townhouses for review and approval by City Council. The applicant has submitted elevations as requested. Staff has concerns as to the appearance of the rear elevation. City Council should determine whether this is acceptable. If not, two possible options would be: 1) continuethis item and direct applican appearance that you would like to see. t to provide different elevations; or 2) give staff specific direction as to changes in bulk, material, and/or general FP -05-072 Sommersby Cove Sub FP.doc Exhibit "A" PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT SITE SPECIFIC REQUIREMENTS Applicant is to meet all terms of the approved development agreement, preliminary plat (PP -04- 035) and conditional use permit (CUP -04-040) for this development. 2. The applicant has indicated that the pressurized irrigation system in this development will be an extension of a Nampa and Meridian Irrigation District system in Moshers Farm Subdivision. A letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. Prior to occupancy, the applicant shall submit a letter that Nampa and Meridian Irrigation District has f haled the system. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. 5. Sanitary sewer service to this site is being proposed from existing mains in N. Gray Cloud Way. 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. 6. Water service to this site will be from main line extensions from existing water mains N. Gray Cloud Way. 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. 7. The bearing shown on the northern boundary of this development does not appear to match the bearing of record for Thunder Creek Subdivision. The applicant shall confirm this information and include any bearings of record on the plat. 8. Construction materials used on the structures with modified setbacks/separation (as approved by the CUP/PD) must be approved by City of Meridian Building Department in accordance with the most recent International Building Code. 9. The applicant's land surveyor, Terry Peugh, has stated that the north-eastern boundary of the property is shown incorrectly on the plat. The boundary actually goes to the centerline of the Eightmile Lateral as shown on the preliminary plat; revise plat accordingly. 10. Revise the legal description on sheet 2 of the plat to reflect the boundary of the property extending to the centerline of the Eightmile Lateral. 11. A Certificate of Zoning Compliance is required prior to issuance of a building permit for the townhouse on Lots 1-4. 12. 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. Exhibit "A" FP -05-072 Sommersby Cove Sub FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORK • S DEPARTMENTS STAFF REPORT 13. Revise or add the following note(s) on the face of the plat dated 11/11/05, prepared by Engineering Solutions, prior to signature on the final plat by the City Engineer: (10.) Complete recorded instrument number. 14. The landscape plan, prepared by Harvest Design and dated 10/24/05 shall be revised as follows: a. Revise the fencing construction material shown on the northeast corner of the subdivision to be non-combustible and relocate the fence to be on the south side of the Nampa Meridian Irrigation District easement line or in lieu of relocating the fence, provide an encroachment agreement with NMID approving the location and fencing type. b. Correct the boundary of the property shown on the plan for the portion located in the north-east corner adjacent to the Eightmile Lateral. The property line actually goes to the centerline of the lateral. See note #9 above. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer 15. Complete the Certificate of Owners and accompanying acknowledgement. 16. Prior to obtaining certificates of occupancies, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed, except for that the townhouse on Lots 1-4 may be constructed prior to the improvements being 100% complete for the entire subdivision. Prior to signature on the final plat by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 17. Staff's failure to cite specific ordinance provisions or terms of the approved annexation, development agreement, preliminary plat, or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit "A" FP -05-072 Sommersby Cove Sub FP.doc PAGE 3 RCITY OF MERIDIANNNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 94-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant's engineer will 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. 10. Coordinate fire hydrant placement with the City of Meridian Public Works department 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 13. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Sommersby Cove Subdivision with the above stated comments and conditions. Council should also address the matter of the rear townhouse elevation discussed above, in the motion. Exhibit "A" FP -05-072 Sommersby Cove Sub FP.doc PAGE 4 Egift9P1ar1r#t,7gNEER/NG l?d enreeling Communities torte toure 6OLUTIONSLLP December 13, 2005 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID $3642 Re: Sommersby Cove Subdivision File No. FP -05-072 Dear Mayor and Council: :7 150 East Aikens Street. Suite B Eagle. ID 83616 Phone: (208) 938-098() Fax: (208) 938-0941 E-mail: es-beckvin(d`givest.net We have reviewed the staff comments prepared for the Meridian City Council meeting of December 13, 2005, and have the following responses: APPLICATIONS SUMMARY This project includes four single-family attached dwelling units. SPECIAL CONSIDERATION Staff has expressed concern about the appearance of the rear elevation. These elevations are not unusual and are similar to adjacent properties. Neighbors at the public hearings did not express any concern about the appearance of the back of the units. The rear elevations are enclosed with the required fencing and landscaping and are not open to the public or neighbors. We respectfully request that the elevations be accepted as submitted, or that specific requirements for change be clearly spelled out. SITE SPECIFIC REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply with the conditions of approval. C:'Documents :md Settings allens•Local Scttings�Tcmporary Irttcrnet Files:OLK601 "SCRevsResponse.doc Exhibit "B" Mayor and City Council December 13, 2005 Page 2 5. The applicant will comply. 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. 13. The note will be changed as requested. 14. The landscape plan will be revised as requested. 15, The Certificate of Owners and accompanying Acknowledgement will be completed. 16. The applicant will comply. 17. Noted. GENERAL REQUIREMENTS I . The applicant will comply, with the exception of the Eight Mile Lateral. -yes „or , ��. -b ere filed 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. S. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. C: Doeumtnts and Settings allens Local Settings': rcmporary Internet Fil¢,-Ol, :6oi'SCRccsResponse.doc Exhibit "B" Mayor and City Council December 13, 2005 Page 3 l0. The applicant will comply. l 1. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. 14. 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. David Callister C: Documents and Seningsullens�Local Settings Temporary Intemet FilemOLK601 SCRewsResponsc.doc Exhibit "13" 0 • December 8, 2005 FP 05-071 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT Liberty Partners, Inc. ITEM NO. REQUEST Final Plat approval for 5 single-family residential building lots and 1 common area lot on .93 acre in a R-15 zone for Sommersby Subdivision No. 1 - northeast corner of West Pine and North Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Staff Comments No Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF LIBERTY ) PARTNERS, INC FOR FINAL PLAT ) APPROVAL OF 5 SINGLE-FAMILY ) RESIDENTIAL BUILDING LOTS ) AND 1 COMMON AREA LOT ON ) .93 ACRE IN AN R-15 ZONE ) LOCATED ON THE NORTHEAST ) CORNER OF WEST OINE AND ) NORTH TEN MILE ROAD IN THE ) SW 1/ OF THE NW 4 OF T. 3N., R. ) 1W., SECTION 11 ) C/C December 13, 2005 CASE NO. FP -05-071 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 December 13, 2005, 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: December 13, 2005, 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 SOMMERSBY SUBDIVISION NO. 1 LOCATED IN THE SW % OF THE NW 1/ OF T. 3N. R. 1 W., SECTION 11, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMIVIERSBY SUBDIVISION NO. 1 / (FP -05-071) Page 1 of 4 HANDWRITTEN DATE: 11/08/05, SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP", LIBERTY PARTNERS, 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: December 13, 2005, listing 16 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from 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 additional requirement from the action of the Council taken at their December 13, 2005 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY SUBDIVISION NO. 1 / (FP -05-071) Page 2 of 4 0 . current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDMONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY SUBDIVISION NO. 1 / (FP -05-071) Page 3 of 4 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of 2005. Attest: William G. Berg, Jr.,ity i ��,ge.�lua1:;AA Tammy Mayo rk � Copy served upon Applicant, the City Attorney. ByJWLUU Kp � fyk--, City Clerk's Office AAIAIIYYCitiB> Dated: 14 l l'() U ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY SUBDIVISION NO. 1 / (FP -05-071) Page 4 of 4 'eerd of Meridian Public Works Department, and ® • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: December 13, 2005 Transmittal Date: December 8, 2005 Mayor & City Council WA -W(ITYV�nr 14 6e r, Uz ri, I i IDAHO 1 Sonya Watters, Assistant City Planner 80111 Michael Cole, Development Services Coordinator M C- Sommersby Subdivision No. 1 Request for Final Plat Approval of Sommersby Subdivision No. 1 Consisting of 5 Residential Building Lots and 1 Common Lot on 0.93 Acres in an R-15 Zone by Liberty Partners, Inc. (File# FP -05-071) submittal and offer the following comments and conditions of the applicant. be considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Liberty Partners, Inc., has applied for final plat approval of 5 residential building lots consisting of 1 single-family attached dwelling; 1 townhouse that contains 3 dwelling units, and 1 common lot on 0.93 acres in an R-15 zone for Sommersby Subdivision No. 1. The gross density of this phase of the Sommersby development is 5.39 dwelling units per acre. The net density of this phase is 7.59 dwelling units per acre. Sommersby Subdivision No. 1 is located on the east side of N. Ten Mile Road, approximately 1/8 mile N. of W. Pine Ave., in the NW'/a of Section 11, Township 3 North, Range 1 West. A Conditional Use Permit/Planned Development was approved for the proposed subdivision which allowed for reductions to the minimum requirements for: street frontage to 24 feet for the townhouse lot; front setbacks to 15 feet for single-family dwellings; rear setbacks to 15 feet for all perimeter lots except, rear patios may be allowed a 3 foot encroachment if necessary and 5 feet for interior lots; interior side setbacks to 5 feet per story and 0 feet for garages and attached units; and street side setbacks to 20 feet. Amenities provided as part of the planned development are not contained within this phase. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Sommersby Subdivision No. 1 with the comments and conditions stated in this report. SPECIAL CONSIDERATION FOR CITY COUNCIL As a condition of approval of the planned development approved for this subdivision, the applicant was required to submit detailed front and rear elevations of the proposed townhouses for review and approval by City Council. The applicant has submitted elevations as requested. Staff has concerns as to the appearance of the rear elevation. City Council should determine whether this is acceptable. If not, two possible options would be: 1) continue this item and direct applicant to provide different elevations; or 2) give staff specific direction as to changes in bulk, material, and/or general appearance that you would like to see. Exhibit "A" FP -05-071 Sommersby Subl FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORK • S DEPARTMENTS STAFF REPORT SITE SPECIFIC REQUIREMENTS Applicant is to meet all terms of the approved development agreement, preliminary plat (PP -04- 035) and conditional use permit (CUP -04-040) for this development. 2. The applicant has indicated that the pressurized irrigation system in this development will be an extension of a Nampa and Meridian Irrigation District system in Moshers Farm Subdivision. Prior to scheduling of a pre -construction meeting a letter of plan approval shall be submitted. Prior to occupancy the applicant shall submit a letter that Nampa and Meridian Irrigation District has fmaled the system. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed along the eastern boundary of this phase unless permanent perimeter fencing already exists at the subdivision boundary. 5. Sanitary sewer service to this site is being proposed from existing stubs from N. Lighting Place in Thunder Creek Subdivision. 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. 6. Water service to this site will be from main line extensions from existing water mains from N. Lightning Avenue in Thunder Creek Subdivision. The applicant will be responsible to construct all mains necessary to serve this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 7. Provide, on the plat, an easement to ACHD for all portions of the detached sidewalk along N. Ten Mile Road that are outside of the public right-of-way. 8. 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. 9. Construction materials used on the structures with modified setbacks/separation (as approved with the Sommersby CUP/PD) must be approved by City of Meridian Building Department in accordance with the most recent International Building Code. 10. A Certificate of Zoning Compliance is required prior to issuance of a building permit for the townhouses on Lots 1-3, Block 1. NOTE: A CZC application MY include multiple/all townhouses. 11. The bearing along the northern boundary of this development does not appear to match the bearing of record. The applicant shall confirm this information and include bearing of records on the plat. Exhibit "A" FP -05-071 Sommersby Sub FP.doc PAGE 2 • i CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 12. Revise or add the following note(s) on the face of the plat dated 11/11/05, prepared by Engineering Solutions, prior to signature on the final plat by the City Engineer: (10.) Strike note (landscape plan shows 6 foot fencing adjacent to Lot 4, Block 1 and 4 foot fencing is not required adjacent to this lot) (11.) "...is prohibited unAess agreed to in of Mefidiaa.,, (12.) Complete recorded instrument number. 13. The landscape plan, prepared by Harvest Design and dated 10/24/05 shall be revised as follows: a. A 5 -foot wide detached sidewalk is required along N. Ten Mile Road. b. Relocate the proposed Type A fence along N. Ten Mile Road to the eastern lot line of Lot 4, Block 1. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer 14. Complete the Certificate of Owners and accompanying acknowledgement. 15. Prior to obtaining certificates of occupancies, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed, except for that the townhouse on Lots 1-3 may be constructed prior to the improvements being 100% complete for the entire subdivision. Prior to signature on the final plat by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 16. Staff's failure to cite specific ordinance provisions or terms of the approved annexation, development agreement, preliminary plat, or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit "A" FP -05-071 Sommersby Sub FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 94-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant's engineer will 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. 10. Coordinate fire hydrant placement with the City of Meridian Public Works department. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 13. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Sommersby Subdivision No. 1 with the above stated comments and conditions. Council should also address the matter of the rear townhouse elevation discussed above, in the motion. Exhibit "A" FP -05-071 Sommersby Sub FP.doc PAGE 4 E !GINEERING bLUTIONSLLP ing and engineering communities for the htture December 13, 2005 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Sommersby Subdivision No. 1 Final Plat File No. FP -05-071 Dear Mayor and Council: 0 150 East Aikens Street, Suite B Eagle, 1D 83616 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym@r gwest.net We have reviewed the staff comments prepared for the Meridian City Council meeting of December 13, 2005, and have the following responses: APPLICATIONS SUMMARY This project includes five single-family attached dwelling units; three on the west side of the cul-de-sac and two on the east. SPECIAL CONSIDERATION Staff has expressed concern about the appearance of the rear elevation. These elevations are not unusual and are similar to adjacent properties. Neighbors at the public hearings did not express any concern about the appearance of the back of the units. The rear elevations are enclosed with the required fencing and landscaping and are not open to the public or neighbors. We respectfully request that the elevations be accepted as submitted, or that specific requirements for change be clearly spelled out. SITE SPECIFIC REQUIREMENTS The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. C:\Documents and SettingA\shifferMLocal Settings\Temporary Internet Fi1es\01.K23\RecsResponse.doc Exhibit "B" Mayor and City Council December 13, 2005 Page 2 5. The applicant will comply. 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 notes will be changed as requested. 13. The landscape plan will be revised as requested. 14. The Certificate of Owners and accompanying Acknowledgement will be completed. 15. The applicant will comply. Please clarify that Lots 5 and 6 also qualify for building permits prior to the improvements being 100% complete. 16. 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. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. C:\nocurnents and SettingAshifferb\Local Settings\Temporary Internet Piles\OLK23\RecsRcsponse.doc Exbibit "B" Mayor and City Council December 13, 2005 Page 3 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. 14. 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. David Callister C:\Documents and SettingsMifferb\Loeal Settings\Temporary Internet Files\OLX23\RecsR sponse.doc Fxhibit "B" 0 • December 8, 2005 FP 05-073 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT Conger Management Group ITEM NO. 12 REQUEST Final Plat approval of 11 building lots and 4 common area lots on 5.36 acres in a R-3 zone for EI Gato Subdivision - 701 Black Cat Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Letter from Dave McKinnon Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. n 0 December 8, 2005 AZ 05-043 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT Benchmark Construction ITEM NO. 13 REQUEST Public Hearing — Request for Annexation and Zoning of 11.7 acres from RUT to R-4 zones for Sunstone Subdivision — 1155 and 1123 North Black Cat Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: ararr innais: Materials presented at public meetings shall become property of the City of Meridian. See attached P&Z Item Packet / Minutes See attached Recommendations / Findings Phone: L� CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER "AMN-MA ri DEC 12 2005 City Of Meridian City Cl„ k Office o In the Matter of a Request for Annexation and Zoning of 11.70 acres from RUT to R-4, Preliminary plat of 23 building lots and 3 other lots on 11.70 acres in a proposed R-4 zone, and a Variance from the 450 -foot maximum cul-de-sac length by Benchmark Construction. Case No(s). AZ -05-043, PP -05-045, VAR -05-019 For the City Council Hearing Date of: December 13, 2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 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(S). AZ -05-043, PP -05-045, VAR -05-019- 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 December 13, 2005 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated March 21, 2005 is/are hereby conditionally approved; and, 2. The applicant is hereby granted a variance to MCC 12-4-2-F for a cul-de-sac length of approximately 630 feet. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 13, 2005 incorporated by reference. D. Notice of Applicable Time Limits I. 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 - 7.A, the Director may authorize a single extension of time to record the final plat not to CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 2 of 4 0 exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 13, 2005 action of e City Council at its regular meeting held on the day of 2005. COUNCIL MEMBER SHAUN WARDLE VOTED 649(-` COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED / 4C&7`t— VOTED_6kA/ VOTED__ - MAYOR TAMMY de WEERD VOTED (TIE BREAKER) layor de Weerd CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 3 of 4 Attest: o AL William G. Berg, Jr., City er1k Copy served upon Applicant, The Planning 1' , X0*11c Works Department and City ua as Attorney. BY At Dated: a LA -� S Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 4 of 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 STAFF REPORT Hearing Date: 12/13/2005 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner City of Meridian Planning Department 208-884-5533 SUBJECT: Sunstone Subdivision • AZ -05-043 " vi 0�_WCM il��;�*' '� w . eanaian--T k tu,wrera M;,44L iR.: Annexation and Zoning of 11.70 acres from RUT to R-4 • PP -05-045 Preliminary plat of 23 building lots and 3 other lots on 11.70 acres in a proposed R-4 zone • VAR -05-019 Variance for Cul-de-sac length to exceed to maximum length of 450 feet to the proposed 630 feet 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Benchmark Construction, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of 23 building lots and 3 common/other lots on 11.70 acres. The site is located west of N. Black Cat Road, and south of Cherry Lane. This site is currently rural residential with two single family residences and accessory buildings. The applicant has also requested a Variance for a cul-de-sac length of 630 feet to exceed the 450 -foot maximum set forth in MCC 12-4-2-F. The site has not been previously platted. The application was received and certified complete prior to September 15 2005 and is entitled to consideration under Titles 11 and 12 of Meridian City Code and is not required to meet the adopted Unified Development Code 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on November 3, 2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Clayn Sonderegger, applicant; Jason Densmer, applicant's representative; David Bowman ii. In opposition: Kathy Ferrera, Ton Knoll, John Hansen, Paul Sharatt, Scoot Frederickson iii. Commenting: Christy Campbell, Tom Campbell iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: Brad Hawkins -Clark b. Key Issues of Discussion by Commission: i. Compatibility of lot sizes and zoning with adjacent properties c. Key Commission Changes to Staff Recommendation: i. Lots 3, 4, 5, 6 and 7, Block 4 and Lots 3, 4, 5, 6,7, and 8, Block 2, shall be zoned R-2 and the remainder of the subdivision shall be zoned R-4. The applicant shall submit a revised Legal Description which reflects this change to the Planning Department at least 10 days prior to the City Council hearing. ii. Delete Condition 1. 1.3 d. Outstanding Issue(s) for City Council: Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 i. The Planning Department has not received the revised Legal Description which was required by the Planning and Zoning Commission in accordance with the change in zoning for the project. ii. A recommendation was not made on the Variance request by the Planning and Zoning Commission, and per Meridian City Code the City Council must either approve or deny this request. 3. PROPOSED MOTION (to be considered after the public hearing) Approve I move to approve File Numbers AZ -05-043, PP -05-045, and VAR -05-019 as presented in the staff report for the hearing date of December 13, 2005 and the preliminary plat dated March 21, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move deny File Numbers AZ -05-043, PP -05-045, and VAR -05-019 as presented in the staff report for the hearing date of December 13, 2005 and the preliminary plat dated March 21, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re -do the application to gain your recommendation for approval). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1155 and 1123 N. Black Cat Road /West of N. Black Cat Road, and south of Cherry Lane b. Owner: 1155 N. Black Cat Road.: Bob and Gail Burt 1123 N. Black Cat Road: Clayn and Laura Sonderegger c. Applicant: Benchmark Construction 2101 Delta Drive Nampa, ID 83687 d. Representative: Jason Densmer, Roylance and Associates e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for annexation and zoning of the subject 11.70 acres to R-4 and preliminary plat approval of 23 buildable lots. The applicant is proposing 23 detached single-family lots. A gross density of 1.97 dwelling units per acre is proposed, with an average lot size of 17,245 square feet. Access to the development is proposed from Black Cat Road to the east. 1. Date of preliminary plat (attached as Exhibit Al): March 21, 2005 2. Date of landscape plan (attached as Exhibit A2): August 12, 2005 h. Applicant's Statement/Justification (from the submittal material): 5. PROCESS FACTS Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 17 and 31, 2005 d. Radius notices mailed to properties within 300 feet on: October 14, 2005 e. Applicant posted notice on site by: October 24, 2005 6. LAND USE a. Existing Land Use(s): Two rural residences and vacant agricultural land b. Description of Character of Surrounding Area: Agricultural land and rural residences to the north, south and west; existing residential subdivision in the R4 zone to the east. c. Adjacent Land Use and Zoning 1. North: Rural residence, zoned R-2. 2. East: Castlebrook Subdivision, zoned R4. 3. South: Vacant land and rural residences, zoned RUT (Ada County) 4. West: Vacant land and rural residences, zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works: (Michael Cole, Development Services Coordinator) Location of sewer: Mains are in Black Cat Road Location of water: Mains in Black Cat Road Issues or concerns: The sewer flows to the yet to be operational lift station. The completion date is expected to be early in 2006. 2. Vegetation: Existing mature trees around existing residences 3. Flood plain: NA 4. Canals/Ditches Irrigation: None on property. 5. Hazards: None on property. 6. Proposed Zoning: R-4 7. Size of Property: 11.70 acres 8. Description of Use: Single -Family Residential f. Subdivision Plat Information 1. Residential Lots: 23 2. Non-residential Lots: N/A 3. Total Building Lots: 23 Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG E CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 4. Common Lots: 3 5. Other Lots: N/A 6. Total Lots: 26 7. Open Lots: 3 8. Residential Area: 11.70 acres 9. Gross Density: 1.97 units per acre g. Landscaping 1. Width of street buffer(s): 25 feet required on Black Cat Road 2. Width of buffer(s) between land uses: None required; the subdivision is surrounded by lands designated for, or developed as, single family residential. 3. Percentage of site as open space (PP and PD applications): 5.1 % h. Proposed and Required Residential Standards: per the R-4 zone i. Summary of Proposed Streets and/or Access: All internal streets are proposed as public. All sidewalks on W. Grey Towers Street are four feet wide and are detached to the curb. The applicant has proposed four -foot attached sidewalks on the two stub streets provided, however Meridian City Code requires that attached sidewalks be five feet in width. For detailed Conditions of Approval on the public streets and access points to public streets, please see the attached Exhibit B. 7. COMMENTS MEETING On October 14, 2005 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Staff finds that the proposed zoning designation, R-4, is harmonious with and m accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Low Density Residential. There is a maximum density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of Sunstone Subdivision is 1.97 dwelling units per acre. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner. • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG 0 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The applicant is proposing a single-family development. The existing residential properties to the east are compatible with the proposed development. • Support a variety of residential categories (low-, medium-, and high-density single family, multi- family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Low -Density Residential on the Future Land Use Map. The applicant has proposed a density consistent with the requested R-4 zone (1.97 d.u./acre), and staff is supportive of the lot sizes proposed. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The applicant is proposing to extend stub streets to the west, south, and north to provide access to the adjacent properties. The applicant is also connecting to Black Cat Road at the eastern boundary of the project. City staff and AChD are supportive of the connectivity plan for this area (see ACLID comments and conditions for details). • Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13) See bullet above. • Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. (Chapter VII, Goal I, Objective D, Action 8) The applicant has proposed a development with very large lots (one-half acre) on the interior of the subdivision and some slightly smaller lots (one-third acre) adjacent to Black Cat Road and the two stubs streets. Stafffeels that these lot sizes provide appropriate transitional densities from the adjacent rural residential properties along El Gato Lane to the southwest. Staff does anticipate that the properties to the north, west, and south will eventually be developed at densities similar to those proposed by the applicant. Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG 0 E CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 • Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter IV Goal H, Objective A) All urban services can be made available to this site. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single family detached homes as permitted use in the R4 zoning district. b. Purpose Statement of Zone: R4 Low Density Residential District: Only single-family dwellings, public schools, and public and private parks shall be permitted and no conditional uses shall be permitted except for planned developments. The purpose of the R4 district is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the comprehensive plan of the city, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 district allows for a maximum of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ/RZ Application: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family residential subdivision. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped on May 27, 2005 by Dennis Lewis, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. PP Application: en Space: The applicant has stated that the subdivision contains 5.1% of landscaped open space, meeting the 5% minimum required by Meridian City Code. The majority of this landscaping is passive in nature and provided in the proposed parkways between the detached sidewalks and the street in the subdivision. The Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 applicant has not proposed any large landscaped common lots for active use by the residents, and none are required by code. Width of Sidewalks: All sidewalks on W. Grey Towers Street are proposed to be four feet wide and are detached from the curb. The applicant has also shown four -foot wide attached sidewalks on the two stub streets provided; however, Meridian City Code requires that attached sidewalks be five feet in width. The applicant shall increase the width of all attached sidewalks in the development to five feet and submit revised plans with the application for final plat. Street Width: Per the ACRD report, the applicant has proposed 33 foot street sections from back -of -curb to back -of -curb. The Meridian Fire Department requires a 33 foot street section from face -of -curb to face -of -curb for parking on both sides of the street. The applicant shall increase the roadway section to meet Meridian Fire Department requirements for parking on both sides of the street. b. Staff Recommendation: Staff recommends approval of AZ -05-043, PP -05-045, and VAR -05- 019 for Sunstone Subdivision, based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. 11. EDITS A. Drawings 1. Preliminary Plat (dated: March 21, 2005) 2. Landscape Plan (dated: August 12, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 A. Drawings 1. Preliminary Plat (dated: March 21, 2005) x' 1 B f Exhibit A 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 3. Landscape Plan (dated: August 12, 2005) ew J y H� o m N u0 BI I ,I Jr �pr4 o, L'o o I f o B ') m �0 �u No I� Q ew J y �(4( I o m N BI I ,I Jr o, L'o o I f o B ') I [I' II,(# rf� Gt N SUNSTONE SUBDIVISION �I PRELIMINARY PLAT LANDSCAPE PAN F5 }p - Meridian, Idaho � Exhibit A 2 CITY OF MERIDIAN PLANNINGDEPARTMENT STAFF REPORT FOR THE HE�NG DATE OF 12/13/2005 aaar ��G a w _ Q © aft :1r I' rca i'k .a • 110 \IN .®• _ N_ ' ��' 4",0.1 _ a �A�io y 4 a a N Ism �I n n r Z •4 ..< _1 a i � � � ,1r i ��4si � f•�� i ►'1 SUNSTONE SUBDIVISION JIINARY PLAT LANDSCAPE PLAN Caldwell, Idaho Exhibit A 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as Sheet P-1.0 prepared by Roylance and Associates, dated March 21, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -05-043) application shall also be considered conditions of the Preliminary Plat (PP -05-045). 1.1.2 The applicant shall increase the width of all attached sidewalks in the development to 5 feet and submit revised plans with the application for final plat. 1.1.3 The appheafft s1_11 _* the r-eadway seefien te meet Meridian FiFe Depaftmeftt Fequkemei4s for- papking en both sides of the Amet. The Mef-idian FiFe Depa#ffiwi# mquiFes a 33 feet stm� seetio from b + A e e a f „ i r -b C p ma -k -i_ ,.i_ sides d_ t he st-Feet-. 1.1.4 There shall be no parking on the cul-de-sac at the terminus of W. Grey Towers Street. The applicant shall coordinate with the Meridian Fire Department on proper signage to denote the no parking restriction. 1.1.5 No direct lot access to Black Cat Road will be allowed. 1.1.6 Any structures which do not comply with Meridian City Code must be removed prior to signature by the City Engineer on the Final Plat for the property. This includes, but is not limited to, the existing homes and outbuildings on the property. 1.1.7 The applicant shall provide stub streets to the west, north, and south as shown on the preliminary plat and per the ACHD Conditions of Approval. 1.1.8 Maintenance of all common areas shall be the responsibility of the Sunstone Homeowners' Association. 1.1.9 Lots 3 4 5 6 and 7 Block 4 and Lots 3 4 5 6 7 and 8 Block2, shall be zoned R-2 and the remainder of the subdivision shall be zoned R-4 The applicant shall submit a revised Legal Description which reflects this change to the Planning Department at least 10 days prior to the City Council hearing_ 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface Exhibit B CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC I2-4-10. 1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 124-13, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2. Public Works Department 2.1 The applicant is proposing sewer to this site via extensions of mains in Black Cat Road. The main in Black Cat road flows to the new Black Cat lift station, which will not be operational till approximately January of 2006. Public Works approval of this development is conditional on the Black Cat lift station being operational and does not guarantee sewer service in the timelines outlined in Meridian City Code. 2.2 The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in Black Cat Road. The applicant shall install mains to and through this proposed development, coordinate main size and routing with the Public Works Department. Applicant shall execute standard forms of easements for any mains that are required to provide service. 2.4 The applicant has indicated that the pressurized irrigation system is to be owned and maintained as a private system. Therefore, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. Exhibit B 2 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 2.5 The preliminary plat does not show where the pressurized irrigation pump station is to be located. The pump station shall be located in a common lot that does not encroach into required landscape buffers. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 The applicant shall be responsible for the actual hookup and payment of assessments to municipal services for any existing dwellings that will be retained on this site. 2.8 Additional easements shall be dedicated along right-of-ways, sufficient in width to provide a 10 - foot free and clear easement. This is necessary due to the sidewalks not being located entirely within the right-of-way. 2.9 Vacate the existing ingress/egress easement depicted on the plat. If City of Meridian sanitary sewer or water lines need to be located out of the right-of-way, easements shall be recorded using the City's standard forms of easement. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.19 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Residences over 3600 square feet will require a fire - flow of 1500 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 3.1.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.1.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.1.4 The proposed 23 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 67 residents at build out. 3.1.5 The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3.1.6 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.1.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.1.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). Exhibit B 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1.1 The Police Department has no concerns related to this application. 5. Parks Department 5.1.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.1.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 6. Sanitary Service Company 6.1.1 SSC has no comments related to this application. 7. Ada County Highway District A. Site Specific Conditions of Approval 1. Dedicate 48 -feet of right-of-way from the centerline of Black Cat Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Construct West Grey Towers Street to intersect Black Cat Road approximately 130 -feet north of the south property line to align with West Grey Towers Street, as proposed. 3. Construct the internal streets as 33 -foot street sections with rolled curb, gutter and a 5 -foot attached concrete sidewalk, as proposed. Submit a letter from the Meridian Fire Department reviewing and approving the reduced street section. 4. Construct a stub street to the south property line approximately 345 -feet west of Black Cat Road, as proposed. Construct a temporary turnaround at the terminus of the roadway. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct a stub street to the west property line approximately 229 -feet north of the south property line with a permanent cul-de-sac turnaround at the terminus of the roadway, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED INTHE FUTURE". 6. Construct a stub street to the north property line approximately 215 -feet west of Black Cat Road, as proposed. Construct a temporary turnaround at the terminus of the roadway. Install a sign at Exhibit B 5 s CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE AG DATE OF 12/13/2005 the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct a cul-de-sac turnaround with a center island at the terminus of West Grey Towers Street. Construct the turnaround to provide a minimum turning radius of 45 -feet. Construct the center island a minimum of 4 -feet wide to total a minimum of a 100 -square foot area and provide a minimum of a 29 -foot street section on either side of the island. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 9. Utilize an existing 20 -foot wide driveway that intersects Black Cat Road approximately 50 -feet south of the north property line until the property should redevelop or remodel, as proposed. 10. Other than the access points that have specifically been approved with this application, direct lot access to Black Cat Road is prohibited. A note will be required on the final plat stating this access restriction. 11. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. Exhibit B 6 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD 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 ACRD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 C. Legal Description Roylance & Associates, P.A. 381 W. State Street, Suite E, Eagle, Idaho 83616 May 27, 2005 Project Number: 2624 Legal Description Sunstone Enterprises, LLC Annexation Area 11.70 Acres Engineers ® Surveyors o Landplanners Telephone (208) 939-2824 Far (208) 839-2855 A tract of land situated in the Northeast One Quarter of Section 9, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at brass cap monumenting the North One Quarter Corner of Section 10, thence following the northerly tine of said Section 10 North 89'36'18" West a distance of 2645.04 feet to a brass cap monumenting the Northwest Comer of said Section 10 and the Northeast Comer of Section 9 and on the centerline of North Black Cat Road; Thence leaving said northerly line of said Section 10 and following said centerline and the easterly line of said Section 9 South 00100'00" West a distance of 1324.43 feet to the POINT OF BEGINNING; Thence following said centerline and said easterly line, South 00°00'00" West a distance of 475.39 feet to a point; Thence leaving said centerline and said easterly line, North 9000'00" West a distance of 1,068.79 feet to a point; Thence North 00'00'00" East a distance of 477.89 feet to a point; Thence South 8951'57" East a distance of 1,068.80 feet to the POINT OF BEGINNING. The above-described tract of land contains 11.70 acres, more or less, subject to all existing easements and rights-of-way. or Prepared By: ROYLANCE & ASSOCIATES, P.A. Z,.rZ 391 W. STATE STREET, SUITE E EAGLE, IDAHO 83616 LST `plip (208) 939-2824 (208) 939-2855 FAX , 11575 c a OF RE BY RiJatAN PUSUC. 'WORKS 6EPT X:"q—W-chn=tNZb24VUmnUegalsAmvx-REVtSM- do Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 O_ Woo r moa {q W Z .- V W ui C7 W zz �Q9� ac., z " L to r tON QW"�� ¢� $ UUPa WW m� p}� m\tnm m n iiiQQQ QoU— N _ wo N z N L,n O Z �-ciw° v m I Q `Wi, z M O O l a 6£'9Li6--U Z �`-�� N < �75N ' Mo. 2606 guo Fa � o z f- a a _vv UL400 _ N W `^ m W N C 3 O (m Ir n a O F z 0 a �I ad 81 W Z ii O Z -W W a. 000) cro co Q QuaF,v W r 161 N v+ J .sa•tt$ r In z a o= � c Sozo U O FF m U P N cr (^ ad 10 0 Q to rn z J J co !n W iY CC o. a (r z Z0 W Oz N Exhibit C 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 D. Required Findings from Zoning Ordinance 1. Annexation and Zoning Findings: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall ford adequate evidence answering the following questions about the proposed zoning amendment: The following is the list of standardsfound in I1-15-11 and analysis by staff A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; See Comprehensive Plans and Policies as listed in staff report item #8 above. City Council supports the zoning and finds the proposal in general accord with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning for example, a residential area turning into a commercial area by means of conditional use permits; City Council fords that detached single-family residential uses are allowed within the zoning district of R-2 and R4. The applicant will be required to meet all dimensional standards of the R- 2 and R-4 zones and comply with Meridian City Code. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that the properties in the general vicinity of the property in question have been approved for development similar to the proposed subdivision, with single-family residences. Staff finds that the area is changing and this site is eligible for annexation and zoning. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City Council fords that the zoning and proposed density meets the anticipated range for a low density urban project. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which states that "common space shall equal or exceed five percent of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of five acres or more." IW 0 . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 City Council does not find that the proposed zoning/uses will adversely change the essential character of area. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees. ACRD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On October 14, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. D-2 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ACHD is supportive of the proposed streets. If is designed and constructed as approved by the ACHD and the City, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Staff finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. Subdivisions of low density have already been approved for development to the east and this is a logical expansion of the City limits. In accordance with the findings listed above, the City Council finds that annexation and zoning of this property would be in the best interest of the City. 2. Preliminary Plat Findings: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Findings Item A above. B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Findings Items G and H above. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Please see Annexation and Zoning finings above. D-3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 3. Variance Findings: According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCI 1-18-3), all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; The subject property is long and narrow in configuration and has been required, as part of the ACHD approval process, to provide three stub streets to adjacent properties. The resultant configuration creates a temporary dead end which is approximately 630 feet in length. Upon development of the property to the west, this street would be continued for access to adjacent properties, providing connectivity between developments that the City desires. The applicant has provided three stub streets to the properties to the north, south and west. City Council finds that requiring additional stubs and/or connections would not be reasonable or practical. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; As noted above, City Council finds that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners, or the applicant. Based on the nature and location of stub streets within the adjacent development, City Council finds that strict compliance to the MCC 12-4-2-F would be unreasonable and would not result in inhibiting the objectives of 1 he MCC. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to anther property in the area in which the property is situated; City Council drids that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." Staff finds that the issuance of the variance to the maximum cul-de-sac length within the proposed Sumitone Subdivision does not have the effect of altering the purpose and interest of the Zoning Ordinance. The proposed subdivision increases interconnectivity (by providing three stub streets) and reduces traffic conflicts that could occur from additional connections to Black Cat Road. D-4 0 i December 8, 2005 PP 05-045 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT Benchmark Construction ITEM NO. 14 REQUEST Public Hearing — Request for Preliminary Plat approval for 23 single-family residential building lots and 3 common area lots on 11.17 acres in proposed R-4 zone for Sunstone Subdivision — 1155 and 1123 North Black Cat Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: JTaTr inmais: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations / Findings Phone: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • RECEIVED DEC , i zoos 'ty Meridian k ofi�e n' PITY' �F 1�, IDAHO t� In the Matter of a Request for Annexation and Zoning of 11.70 acres from RUT to R4, Preliminary plat of 23 building lots and 3 other lots on 11.70 acres in a proposed R4 zone, and a Variance from the 450 -foot maximum cul-de-sac length by Benchmark Construction. Case No(s). AZ -05-043, PP -05-045, VAR -05-019 For the City Council Hearing Date of: December 13, 2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 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 DECTSTON & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-0 19- 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 Stam Report for the hearing date of December 13, 2005 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary flat dated March 21, 2005 is/are hereby conditionally approved; and, 2. The applicant is hereby granted a variance to MCC 12-4-2-F for a cul-de-sac length of approximately 630 feet. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 13, 2005 incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 2 of 4 • exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 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 December 13, 2005 By action of t e City Council at its regular meeting held on the day of P/C. 2005. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED _0� VOTEDIAWP VOTED__g� VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ayor1-� CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 3 of 4 Attest: t/&of. William G. Berg, Jr., City er Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: Dated: My Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 4 of 4 CITY OF MERIDIAN P LANN *DEPARTMENT STAFF REPORT FOR THE AING DATE OF 12/13/2005 STAFF REPORT Hearing Date: 12/13/2005 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner City of Meridian Planning Department 208-884-5533 SUBJECT: Sunstone Subdivision • AZ -05-043 4 an - a � IU.\11U ire x�.....•,• `"":`+�� ' iii, Annexation and Zoning of 11.70 acres from RUT to R4 • PP -05-045 Preliminary plat of 23 building lots and 3 other lots on 11.70 acres in a proposed R-4 zone • VAR -05-019 Variance for Cul-de-sac length to exceed to maximum length of 450 feet to the proposed 630 feet 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Benchmark Construction, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of 23 building lots and 3 common/other lots on 11.70 acres. The site is located west of N. Black Cat Road, and south of Cherry Lane. This site is currently rural residential with two single family residences and accessory buildings. The applicant has also requested a Variance for a cul-de-sac length of 630 feet to exceed the 450 -foot maximum set forth in MCC 12-4-2-F. The site has not been previously platted. The application was received and certified complete priox_to September 15, 2005 and is entitled to consideration udder Titles 11 and 12 of Meridian City Code and is not required to meet the .adopted Unified Development Code. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on November 3, 2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Clayn Sonderegger, applicant; Jason Densmer, applicant's representative; David Bowman ii. In opposition: Kathy Ferrera, Ton Knoll, John Hansen, Paul Sharatt, Scoot Frederickson iii. Commenting: Christy Campbell, Tom Campbell iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: Brad Hawkins -Clark b. Key Issues of Discussion by Commission: i. Compatibility of lot sizes and zoning with adjacent properties c. Key Commission Changes to Staff Recommendation: i. Lots 3, 4, 5, 6 and 7, Block 4 and Lots 3, 4, 5, 6,7, and 8, Block 2, shall be zoned R-2 and the remainder of the subdivision shall be zoned R-4. The applicant shall submit a revised Legal Description which reflects this change to the Planning Department at least 10 days prior to the City Council hearing. ii. Delete Condition 1. 1.3 d Outstanding Issue(s) for City Council: Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNIRDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 i. The Planning Department has not received the revised Legal Description which was required by the Planning and Zoning Commission in accordance with the change in zoning for the project. ii. A recommendation was not made on the Variance request by the Planning and Zoning Commission, and per Meridian City Code the City Council must either approve or deny this request. 3. PROPOSED MOTION (to be considered after the public hearing) Approve I move to approve File Numbers AZ -05-043, PP -05-045, and VAR -05-019 as presented in the staff report for the hearing date of December 13, 2005 and the preliminary plat dated March 21, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move deny File Numbers AZ -05-043, PP -05-045, and VAR -05-019 as presented in the staff report for the hearing date of December 13, 2005 and the preliminary plat dated March 21, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re -do the application to gain your recommendation for approval). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1155 and 1123 N. Black Cat Road /West of N. Black Cat Road, and south of Cherry Lane b. Owner: 1155 N. Black Cat Road.: Bob and Gail Burt 1123 N. Black Cat Road: Clayn and Laura Sonderegger c. Applicant: Benchmark Construction 2101 Delta Drive Nampa, ID 83687 d. Representative: Jason Densmer, Roylance and Associates e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for annexation and zoning of the subject 11.70 acres to R-4 and preliminary plat approval of 23 buildable lots. The applicant is proposing 23 detached single-family lots. A gross density of 1.97 dwelling units per acre is proposed, with an average lot size of 17,245 square feet. Access to the development is proposed from Black Cat Road to the east. 1. Date of preliminary plat (attached as Exhibit Al): March 21, 2005 2. Date of landscape plan (attached as Exhibit A2): August 12, 2005 h. Applicant's statement/justification (from the submittal material): 5. PROCESS FACTS Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG 0 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 17 and 31, 2005 d. Radius notices mailed to properties within 300 feet on: October 14, 2005 e. Applicant posted notice on site by. October 24, 2005 6. LAND USE a. Existing Land Use(s): Two rural residences and vacant agricultural land b. Description of Character of Surrounding Area: Agricultural land and rural residences to the north, south and west; existing residential subdivision in the R-4 zone to the east. c. Adjacent Land Use and Zoning 1. North: Rural residence, zoned R-2. 2. East: Castlebrook Subdivision, zoned R-4. 3. South: Vacant land and rural residences, zoned RUT (Ada County) 4. West. Vacant land and rural residences, zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works: (Michael Cole, Development Services Coordinator) Location of sewer: Mains are in Black Cat Road Location of water. Mains in Black Cat Road Issues or concerns: The sewer flows to the yet to be operational lift station. The completion date is expected to be early in 2006. 2. Vegetation: Existing mature trees around existing residences 3. Flood plain: NA 4. Canals/Ditches Irrigation: None on property. 5. Hazards: None on property. 6. Proposed Zoning: R4 7. Size of Property: 11.70 acres 8. Description of Use: Single -Family Residential f. Subdivision Plat Information 1. Residential Lots: 23 2. Non-residential Lots: N/A 3. Total Building Lots: 23 Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNI10DEPARTMENT STAFF REPORT FOR THE H•ING DATE OF 12/13/2005 4. Common Lots: 3 5. Other Lots: N/A 6. Total Lots:. 26 7. Open Lots: 3 8. Residential Area: 11.70 acres 9. Gross Density: 1.97 units per acre g. Landscaping 1. Width of street buffer(s): 25 feet required on Black Cat Road 2. Width of buMr(s) between land uses: None required; the subdivision is surrounded by lands designated for, or developed as, single family residential. 3. Percentage of site as open space (PP and PD applications): 5.1 % h. Proposed and Required Residential Standards: per the R-4 zone i. Summary of Proposed Streets and/or Access: All internal streets are proposed as public. All sidewalks on W. Grey Towers Street are four feet wide and are detached to the curb. The applicant has proposed four -foot attached sidewalks on the two stub streets provided, however Meridian City Code requires that attached sidewalks be five feet in width. For detailed Conditions of Approval on the public streets and access points to public streets, please see the attached Exhibit B. 7. COMMENTS MEETING On October 14, 2005 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREI>XENSIVE PLAN POLICIES AND GOALS Staff fords that the proposed zoning designafigA R-4 is harmonious with and in accordance with the 2002 Comprehensive Plan and Ev= Land Use Map which designates the land to be Low Density Residential. There is a maximum density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of Sunstone Subdivision is 1.97 dwelling units per acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner. • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department, Sunstone Subdivision AZ -05-043, PP -05-045, VAR. -05-019 PAG CITY OF MERIDIAN P LANNO DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (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. • ]Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal N, Objective C, Action 1) The applicant is proposing a single-family development. The existing residential properties to the east are compatible with the proposed development. + Support a variety of residential categories (low-, medium-, and high-density single family, multi- family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Low -Density Residential on the Future Land Use Map. The applicant has proposed a density consistent with the requested R-4 zone (L 97 d.u./acre), and staff is supportive of the lot sizes proposed. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The applicant is proposing to extend stub streets to the west, south, and north to provide access to the adjacent properties. The applicant is also connecting to Black Cat Road at the eastern boundary of the project. City staff and AChD are supportive of the connectivity plan for this area (see ACRD comments and conditions for details). • Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13) See bullet above. * Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. (Chapter VII, Goal I, Objective D, Action 8) The applicant has proposed a development with very large lots (one-half acre) on the interior of the subdivision and some slightly smaller lots (one-third acre) adjacent to Black Cat Road and the two stubs streets. Staff feels that these lot sizes provide appropriate transitional densities from the adjacent rural residential properties along El Gato Lane to the southwest. Staff does anticipate that the properties to the north, west, and south will eventually be developed at densities similar to those proposed by the applicant. Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEING DATE OF 12/13/2005 • Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter 1V Goal Il, Objective A) All urban services can be made available to this site. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single family detached homes as permitted use in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Low Density Residential District: Only single-family dwellings, public schools, and public and private parks shall be permitted and no conditional uses shall be permitted except for planned developments. The purpose of the R-4 district is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the comprehensive plan of the city, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 district allows for a maximum of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation L AZ/RZ Application: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family residential subdivision.. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped on May 27, 2005 by Dennis Lewis, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fames, glare or odors. 2. PP Application: Open Space: The applicant has stated that the subdivision contains 5.1% of landscaped open space, meeting the 5% minimum required by Meridian City Code. The majority of this landscaping is passive in nature and provided in the proposed parkways between the detached sidewalks and the street in the subdivision. The Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNOR DEPARTMENT STAFF REPORT FOR THE H• tNG DATE OF 12113/2005 applicant has not proposed any large landscaped common lots for active use by the residents, and none are required by code. Width of Sidewalks: All sidewalks on W. Grey Towers Street are proposed to be four :feet wide and are detached from the curb. The applicant has also shown four -foot wide attached sidewalks on the two stub streets provided, however, Meridian City Code requires that attached sidewalks be five feet in width. The applicant shall increase the width of all attached sidewalks in the development to five feet and submit revised plans with the application for final plat. S eet W'd : Per the ACRD report, the applicant has proposed 33 foot street sections from back -of -curb to back -of -curb. The Meridian Fire Department requires a 33 foot street section from fa—c -of-curb to face-of;curb for parking on both sides of the street. The applicant shall increase the roadway section to meet Meridian Fire Department requirements for parking on both sides of the street. b. Staff Recommendation: Staff recommends approval of AZ.05-043, PP -05-045, and VAR -05- 019 for Sunstone Subdivision, based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. 11. ENFUITS A. Drawings 1. Preliminary Plat (dated: March 21, 2005) 2. Landscape Plan (dated: August 12, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLAN NODEPARTMENT STAFF REPORT FOR THE HE0 AR1NG DATE OF 12/13/2005 A. Drawings 1. Preliminary Plat (dated: March 21, 2005) m n■ �r t �4 pp n� �*uwtvg ewerwwteyn O:I:�� M SON M m •Raw fiwA Hn7'.z- OaAa ' C Qplt;; 4a�=w *"am am w s m Exhibit A 1 CITY OF MERIDIAN PLANNIOIDEPARTMENT STAFF REPORT FOR THE HEARrNG DATE OF 12/13/2005 3. Landscape Plan (dated: August 12, 2005) flSUNSTp{�F SUBDiV1.SiON PRELIMINARY PLAT LANDSCAPE PAN i� —_ hAerieian,ldeha Exhibit A 2 �• �� r- YE • Af x �fi� �� AZ vy �yxl I • (i �� Q vs ' V Cp fi D I n n e� 15 0 1f if �r AE iq flSUNSTp{�F SUBDiV1.SiON PRELIMINARY PLAT LANDSCAPE PAN i� —_ hAerieian,ldeha Exhibit A 2 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEA 1NG DATE OF 12/13/2005 A B 0 a 6 ,q lit e , q 1111 �qq i � �`4 13 0. t r d In is �• � �, ,.' R � Ii y Q � (t 13 1 9t l� I 1!M DNE SUBDIVISION PLAT LANDSCAPE PLAN Cald"l, khft Exhibit A 3 Y1 ' p V ' Q00 L••�I• "'QQQ uCA Aft 8� ys A B 0 a 6 ,q lit e , q 1111 �qq i � �`4 13 0. t r d In is �• � �, ,.' R � Ii y Q � (t 13 1 9t l� I 1!M DNE SUBDIVISION PLAT LANDSCAPE PLAN Cald"l, khft Exhibit A 3 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEA ING DATE OF 12/13/2005 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS�PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as Sheet P-1.0 prepared by Roylance and Associates, dated March 21, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -05-043) application shall also be considered conditions of the Preliminary Plat (PP -05-045). 1.1.2 The applicant shall increase the width of all attached sidewalks in the development to 5 feet and submit revised plans with the application for final plat. 1.1.4 There shall be no parking on the cul-de-sac at the terminus of W. Grey Towers Street. The applicant shall coordinate with the Meridian Fire Department on proper signage to denote the no parking restriction. 1.1.5 No direct lot access to Black Cat Road will be allowed. 1.1.6 Any structures which do not comply with Meridian City Code must be removed prior to signature by the City Engineer on the Final Plat for the property. This includes, but is not limited to, the existing homes and outbuildings on the property. 1.1.7 The applicant shall provide stub streets to the west, north, and south as shown on the preliminary plat and per the ACRD Conditions of Approval. 1.1.8 Maintenance of all common areas shall be the responsibility of the Sunstone Homeowners, Association. 1.1.9 Lots 3 4 5 6 and 7 Block 4 and Lots 3 4 5 7 and 8 Block 2 shall be zoned R-2 and th remainder of the subdivision shall be zoned R-4 The applicant shall submit a revised Legal escription which reflects this ghg= to the Planning DgMilment. at least 10 damp' to the City Council hearing 1.2 GENERAL REQUIREMENTS --PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13- 14. Where the applicant has submitted, a prehminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by stair 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 ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12+4-10. 1.2.5 Any tree over 4" in caliper that is .removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association. (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2. Public Works Department 2.1 The applicant is proposing sewer to this site via extensions of mains in Black Cat Road. The main in Black Cat road flows to the new Black Cat lift station, which will not be operational till approximately January of 2006. Public Works approval of this development is conditional on the Black Cat lift station being operational and does not guarantee sewer service in the timelines outlined in Meridian City Code. 2.2 The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in Black Cat Road. The applicant shall install mains to and through this proposed development, coordinate main size and routing with the Public Works Department. Applicant shall execute standard forms of easements for any mains that are required to provide service. 2.4 The applicant has indicated that the pressurized irrigation system is to be owned and maintained as a private system. Therefore, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. Exhibit B 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 2.5 The preliminary plat does not show Where the pressurized irrigation pump station is to be located. The pump station shall be located in 4 common lot that does not encroach into required landscape buffers. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 The applicant shall be responsible for the actual hookup and payment of assessments to municipal services for any existing dwellings that will be retained on this site. 2.8 Additional easements shall be dedicated along right -o# -ways, sufficient in width to provide a 10 - foot free and clear easement. This is necessary due to the sidewalks not being located entirely within the right-of-way. 2.9 Vacate the existing ingress/egress easement depicted on the plat. If City of Meridian sanitary sewer or water lines need to be located out of the right-of-way, easements shall be recorded using the City's standard forms of easement. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act, 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 217 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 Developer shall coordinate mailbox locations with the Meridian. Post Office. 2.19 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of Exhibit B 3 CITY OF MERIDIAN PLANNING DEPARTMENT' STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 Meet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Residences over 3600 square feet will require a fire - flow of 1500 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 3.1.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.1.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.1.4 The proposed 23 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 67 residents at build out. 3.1.5 The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3.1.6 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.1.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.1.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). Exhibit B 4 CITY OF MERIDIAN PLANNING DEPARTMENT, STAFF REPORT FOR THE HEARING BATE OF 12/1312005 a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 for 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1.1 The Police Department has no concerns related to this application. 5. Parks Department 5.1.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.1.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 6. Sanitary Service Company 6.1.1 SSC has no comments related to this application. 7. Ada County Highway District A. Site Specific Conditions ofApproval Dedicate 48 -feet of right-of-way from the centerline of Black Cat Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Construct West Grey Towers Street to intersect Black Cat Road approximately 130 -feet north of the south property line to align with West Grey Towers Street, as proposed. Construct the internal streets as 33 -foot street sections with rolled curb, gutter and a 5 -foot attached concrete sidewalk„ as proposed. Submit a letter from the Meridian Fire Department reviewing and approving the reduced street section. 4. Construct a stub street to the south property line approximately 345 -feet west of Black Cat Road, as proposed. Construct a temporary turnaround at the terminus of the roadway. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct a stub street to the west property line approximately 229 -feet north of the south property line with a permanent cul-de-sac turnaround at the terminus of the roadway, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct a stub street to the north property line approximately 215 -feet west of Black Cat Road, as proposed. Construct a temporary turnaround at the terminus of the roadway. Install a sign at Exhibit B 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12!13/2005 the terminus of the stub street stating'that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE'. 7. Construct a cul-de-sac turnaround with a center island at the terminus of West Grey Towers Street. Construct the turnaround to provide a minimum turning radius of 45 -feet. Construct the center island a minimum of 4 -feet wide to total a minimum of a 100 -square foot area and provide a minimum of a 29 -foot street section on either side of the island. 8. Any proposed landscape islands/medians within the public right -of --way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this will be required on the .final plat. 9. Utilize an existing 20 -foot wide driveway that intersects Black Cat Road approximately 50 -feet south of the north property line until the property should redevelop or remodel, as proposed. 10. Other than the access points that have specifically been approved with this application, direct lot access to Black Cat Road is prohibited. A note will be required on the final plat stating this access restriction. 11. Comply with all Standard Conditions of Approval. A Standard Conditions ofApproval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the Districts Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. Exhibit B 6 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE•NG DATE OF 12/13/2005 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHED right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and condition's of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit $ 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA�RINO DATE OF 12/13/2005 C. Legal Description Roylance & Associates, P.A. engineers • Surveyors - Landplanners 391 W, State Street, Suite E Eagle, klaho 83616 _. _.. ..... _ .......T� _ .... . ephorne (208)939-2824 Fax (208) 9'd9-2&55` May 27, 2005 Project Nurnher: 2624 I..egal Descnption Sunstone Enterprises, U.(.' Annexation Area 11.70 Acres A tract of land situated in the Northeust One Quarter of Section 9, Township 3 North, Range t West, Boise Meridian, Ada County, Idaho, &es,ribed as follows: Commencing at brass cap monumenting the North One Quarter Comer of SCC [ion !0, thence following the northerly line of said Section 10 North 990-36'19" West a distance of 2645.04 feet to a brass cap monumenting the Northwest Comer of said Section 10 and the Northeast Comer of Section 9 and on the centerline of North Black Cat Road; Thence leaving said northerly line of said Section 10 and following said centerline and the easterly line of said Section 9 South 00°00'00" West a distance of 1324.43 feet to the POINT OF BEGINNING; Thence following said centerline and said easterly line, South 0011000" West n distance of 475.39 feet to a point; Thence leaving said Centerline and said easterly line, North 90"00'00" West a distance of 1,068.79 feet to a point; Thence North 00"00'00" Fast a distance of 477.89 feet to a point; Thence South 8951'57" East a distance of 1,068.80 feet to the POINT OF BEGINNING. The above-described tract of land contains 11.70 acres, more or Ions, subject to all existing emernents and rights-of-way. Prepared By: ROYL.ANCE & ASSOCIATES,,P.A_ 391 W. STATE STREET, SUITE E EAGLE. WAHO 83616 (208)939-2824 (208) 939-2855 FAX t?tY, '." Cf1+lRKS pEP� X 7AWdminUtpWcWea�e�t-RltVt3F�dewc Exhibit C KIM - • CITY OF MERIDIAN PLANNING DEPARTMENT LSTAFF REPORT FOR THE HEARING DATE OF 12/13/2005 '*f cy, W mm .MEL mo ''cl �Ip �« nye a /y /�/�N1 a �_ag N •ff%7LI r^{0/,�4ryWW Wim' p Voa Ivo i' o le N (Z' �bm �f m Z l Vo W H � fav APP 1-- w — - w a � I coi W z 0 +1 z�W W 0 0 co It N52Q z o m OND wi �i r sQ m 13e od i8 J co W Q U) EE wW LL < tr Z W _ Z f•' W Z z 0Z N Exhibit C 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 D. Required Findings from Zoning Ordinance 1. Annexation and Zoning Findings: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: The following is the list of 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. City Council supports the zoning and finds the proposal in general accord with the Comprehensive Plan. D. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that detached single-family residential uses are allowed within the zoning district of R-2 and R-4. The applicant will be required to meet all dimensional standards of the R- 2 and R-4 zones and comply with Meridian City Code. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that the properties in the general vicinity of the property in question have been approved for development similar to the proposed subdivision, with single-family residences. Staff finds that the area is changing and this site is eligible for annexation and zoning. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use Rhin not change the essential character of the same area; City Council finds that the zoning and proposed density meets the anticipated range for a low density urban project. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which states that "common space shall equal or exceed five percent of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of five acres or more." ME CITY OF MERTDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12113/2005 City Council does not find that the, proposed zazling/uses will adversely change the essential character of area. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Sizing and routing shall The 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 B7. On October 14, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community,- If ommunity; 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. Y. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. D-2 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ACHD is supportive of the proposed streets. If is designed and constructed as approved by the ACHD and the City, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Staff finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. Subdivisions of low density have already been approved for development to the east and this is a logical expansion of the City limits, In accordance with the findings listed above, the City Council finds that annexation and zoning of this proverty would be in the best interest of the City. 2. Preliminary Plat Findings: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Findings Item A above. B. The availability of public services to accommodate the proposed. development; Please see Annexation and Zoning Findings Items G and H above. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Please see Annexation and Zoning finings above. D-3 CITY OF MERIDIAN PLANNING DEPARTMENT OR THE HE ' STAFF REPORT F 0 ARING DATE OF 12/13/2005 3. Variance Findings: According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCC 11-18-3), all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; The subject property is long and narrow in configuration and has been required, as part of the ACRD approval process, to provide three stub streets to adjacent properties. The resultant configuration creates a temporary dead end which is approximately 630 feet in length. Upon development of the property to the west, this street would be continued for access to adjacent Properties, providing connectivity between developments that the City desires. The applicant has provided three stub streets to the properties to the north, south and west. City Council finds that requiring additional stubs and/or connections would not be reasonable or practical. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; As noted above, City Council finds that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners, or the applicant. Based on the nature and location of stub streets within the adjacent development, City Council finds that strict compliance to the MCC 124-2-F would be unreasonable and would not result in inhibiting the objectives of the MCC. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; City Council finds that the variance will not be detrimental to the public's welfare orinjurious to other properties in the area. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." Staff finds that the issuance of the variance to the maximum cul-de-sac length within the. proposed Sunstone Subdivision does not have the effect of altering the purpose and interest of the Zoning Ordinance. The proposed subdivision increases interconnectivity (by providing three stub streets) and reduces traffic conflicts that could occur from additional connections to Black Cat Road. D-4 December 8, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Benchmark Construction ITEM NO. 15 REQUEST Public Hearing: Variance for cul-de-sac length to exceed the maximum length of 450 feet to the proposed 630 feet for Sunstone Subdivision - 1155 and 1123 North Black Cat Road AGENCY COMMENTS 0 December 13, 2005 VAR 05-019 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: No Comment NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • RECEIVED DEC 1z2005 Meridian office �nJ C��(CITY JF !�"• 6eiidza� rr In the Matter of a Request for Annexation and Zoning of 11.70 acres from RUT to R4, Preliminary plat of 23 building lots and 3 other lots on 11.70 acres in a proposed R4 zone, and a Variance from the 450 -foot maximum cul-de-sac length by Benchmark Construction. Case No(s). AZ -05-043, PP -05-045, VAR -05-019 For the City Council Hearing Date of: December 13, 2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 13, 2005 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (1.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(S). AZ -05-043, PP -05-045, VAR o5 -o 19- 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. Itis found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 13, 2005 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary plat dated March 21, 2005 is/are hereby conditionally approved; and, 2. The applicant is hereby granted a variance to MCC 12-4-2-F for a cul-de-sac length of approximately 630 feet. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 13, 2005 incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final Plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 2 of 4 0 0 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 net and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis I . The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 13, 2005 hy action of tl a City Council at its regular meeting held on the day of Y!/ 2005. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED _0� VOTED VOTED `gf!�Nd VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ayor CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 3 of 4 4 0 Attest: t William G. Berg, Jr., City er Copy Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney, By: Dated: Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-043, PP -05-045, VAR -05-019- PAGE 4 of 4 CITY OF MCRIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HErTRING DATE OF 12/13/2005 STAFF REPORT Hearing Date: 12/13/2005 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner City of Meridian Planning Department 208-884-5533 SUBJECT: Sunstone Subdivision • AZ -05-043 4 � t:f-61`•FYP �� v IDA" i Annexation and Zoning of 11.70 acres from RUT to R-4 • PP -05-045 Preliminary plat of 23 building lots and 3 other lots on 11.70 acres in a proposed R4 zone • VAR -05-019 Variance for Cul-de-sac length to exceed to maximum length of 450 feet to the proposed 630 feet 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Benchmark Construction, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of 23 building lots and 3 common/other lots on 11.70 acres. The site is located west of N. Black Cat Road, and south of Cherry Lane. This site is currently rural residential with two single family residences and accessory buildings. The applicant has also requested a Variance for a cul-de-sac length of 630 feet to exceed the 450 -foot maximum set forth in MCC 12-4-2-F. The site has not been previously platted. The a lication was received and certified omplete g1jor to S tember 15 2005 and is entitled to consideration under Titles 11 azLd 12 of Meridian City Code and is not required to meet the adopted Unified Development Code 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on November 3, 2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Clayn Sonderegger, applicant; Jason Densmer, applicant's representative; David Bowman ii. In opposition: Kathy Ferrera, Ton Knoll, John Hansen, Paul Sharatt, Scoot Frederickson iii. Commenting: Christy Campbell, Tom Campbell iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: Brad Hawkins -Clark b. Key Issues of Discussion by Commission: i. Compatibility of lot sizes and zoning with adjacent properties c. Key Commission Changes to Staff Recommendation: i. Lots 3, 4, 5, 6 and 7, Block 4 and Lots 3, 4, 5, 6,7, and 8, Block 2, shall be zoned R-2 and the remainder of the subdivision shall be zoned R-4. The applicant shall submit a revised Legal Description which reflects this change to the Planning Department at least 10 days prior to the City Council hearing. ii. Delete Condition 1. 1.3 d. Outstanding Issue(s) for City Council: Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 i. The Planning Department has not received the revised Legal Description which was required by the Planning and Zoning Commission in accordance with the change in zoning for: the project. ii. A recommendation was not made on the Variance request by the Planning and Zoning Commission, and per Meridian City Code the City Council must either approve or deny this request. 3. PROPOSED MOTION (to be considered after the public hearing) Approve I move to approve File Numbers AZ -05-043, PP -05-045, and VAR -05-019 as presented in the staff report for the hearing date of December 13, 2005 and the preliminary plat dated March 21, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move deny File Numbers AZ -05-043, PP -05-045, and VAR -05-019 as presented in the staff report for the hearing date of December 13, 2005 and the preliminary plat dated March 21, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re -do the application to gain your recommendation for approval). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: ffl-KO-T"", 1155 and 1123 N. Black Cat Road /West of N. Black Cat Road, and south of Cherry Lane 1155 N. Black Cat Road.: Bob and Gail Burt 1123 N. Black Cat Road: Clayn and Laura Sonderegger c. Applicant: Benchmark Construction 2101 Delta Drive Nampa, ID 83687 d. Representative: Jason Densmer, Roylance and Associates e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for annexation and zoning of the subject 11.70 acres to R4 and preliminary plat approval of 23 buildable lots. The applicant is proposing 23 detached single-family lots. A gross density of 1.97 dwelling units per acre is proposed, with an average lot size of 17,245 square feet. Access to the development is proposed from Black Cat Road to the east. 1. Date of preliminary plat (attached as Exhibit Al): March 21, 2005 2. Date of landscape plan (attached as Exhibit A2): August 12, 2005 h. Applicant's Statement/Justification (from the submittal material): 5. PROCESS FACTS Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNADEPARTMENT STAFF REPORT FOR THE BEAR G DATE OF 12/13/2005 a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title l l Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 17 and 31, 2005 d. Radius notices mailed to properties within 300 feet on: October 14, 2005 e. Applicant posted notice on site by: October 24, 2005 6. LAND USE a. Existing Land Use(s): Two rural residences and vacant agricultural land b. Description of Character of Surrounding Area: Agricultural land and rural residences to the north, south and west; existing residential subdivision in the R-4 zone to the east. c. Adjacent Land Use and Zoning 1. North: Rural residence, zoned R-2. 2. East: Castlebrook Subdivision, zoned R-4. 3. South: Vacant land and rural residences, zoned RUT (Ada County) 4. West: Vacant land and rural residences, zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works: (Michael Cole, Development Services Coordinator) Location of sewer: Mains are in Black Cat Road Location of water: Mains in Black Cat Road Issues or concerns: The sewer flows to the yet to be operational lift station. The completion date is expected to be early in 2006. 2. Vegetation: Existing mature trees around existing residences 3. Flood plain: NA 4. Canals/Ditches Irrigation: None on property. 5. Hazards: None on property. 6. Proposed Zoning. R-4 7. Size of Property: 11.70 acres 8. Description of Use: Single -Family Residential f. Subdivision Plat Information 1. Residential Lots: 23 2. Non-residential Lots: N/A 3. Total Building Lots: 23 Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAC CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE ANG DATE OF 12/13/2005 4. Common Lots: 3 5. Other Lots: N/A 6. Total Lots: 26 7. Open Lots: 3 8. Residential Area: 11.70 acres 9. Gross Density: 1.97 units per acre g. Landscaping 1. Width of street buffer(s): 25 feet required on Black Cat Road 2. Width of buffers) between land uses: None required; the subdivision is surrounded by lands designated for, or developed as, single family residential. 3. Percentage of site as open space (PP and PD applications): 5.1 % h. Proposed and Required Residential Standards. per the R-4 zone i. Summary of Proposed Streets and/or Access: All internal streets are proposed as public. All sidewalks on W. Grey Towers Street are four feet wide and are detached to the curb. The applicant has proposed four -foot attached sidewalks on the two stub streets provided, however Meridian City Code requires that attached sidewalks be five feet in width. For detailed Conditions of Approval on the public streets and access points to public streets, please see the attached Exhibit B. 7. COMMENTS MEETING On October 14, 2005 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Staff finds that the�roposed zoning designation. R-4 is harmonious with and in accordance with the 2002 Comurehensive Plan and Future Land Use Map which designates the land to be Low Density Residential. There is a maximum density of three dwelling units per acre in the Comprehensive Plan; the Proposed gross density of Sunstone Subdivision is 1.97 dwelling units per acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner. • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 • The subject lands currently lie within the jurisdiction of the Ada County Sherijfs Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District, This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal rV, Objective C, Action 1) The applicant is proposing a single-family development. The existing residential properties to the east are compatible with the proposed development. • Support a variety of residential categories (low-, medium-, and high-density single family, multi- family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal N, Objective C, Action 10) The subject property is designated Low -Density Residential on the Future Land Use Map. The applicant has proposed a density consistent with the requested R-4 zone (1.97 d.u./acre), and staff is supportive of the lot sizes proposed. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The applicant is proposing to extend stub streets to the west, south, and north to provide access to the adjacent properties. The applicant is also connecting to Black Cat Road at the eastern boundary of the project. City staff and ACIID are supportive of the connectivity plan for this area (see ACRD comments and conditions far 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 1, Objective D, Action 8) The applicant has proposed a development with very large lots (one-half acre) on the interior of the subdivision and some slightly smaller lots (one-third acre) adjacent to Black Cat Road and the two stubs streets. Stajj`feels that these lot sizes provide appropriate transitional densities from the adjacent rural residential properties along El Gato Lane to the southwest. Staff does anticipate that the properties to the north, west, and south will eventually be developed at densities similar to those proposed by the applicant. Sunstone Subdivision AZ -05-043, PP -05-045, VAR, -05-019 PAG CITY OF MERIDIAN PLANNINii DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 0 • 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 1V Goal .11, Objective A) All urban services can be made available to this site. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single family detached homes as permitted use in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Low Density Residential District: Only single-family dwellings, public schools, and public and private parks shall be permitted and no conditional uses shall be permitted except for planned developments. The purpose of the R-4 district is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the comprehensive plan of the city, and to Protect the integrity of residential areas by prohibiting the ,intrusion of incompatible nonresidential uses. The R-4 district allows for a maximum of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation I. AZ/RZ Application: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family residential subdivision. Please see Exhibit D for detailed analysis of facts and fundings. The annexation legal description submitted with the application (stamped on May 27, 2005 by Dennis Lewis, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. PP Application: Open Space: The applicant has stated that the subdivision contains 5.1 % of landscaped open space, meeting the 5% minimum required by Meridian City Code. The majority of this landscaping is passive in nature and provided in the proposed parkways between the detached sidewalks and the street in the subdivision. The Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE ANG DATE OF 12/13/2005 applicant has not proposed any large landscaped common lots for active use by the residents, and none are required by code. Width of Sidew k- All sidewalks on W. Grey Towers Street are proposed to be four feet wide and are detached from the curb. The applicant has also shown four -foot wide attached sidewalks on the two stub streets provided, however, Meridian City Code requires that attached sidewalks be five feet in width. The applicant shall increase the width of all attached sidewalks in the development to five feet and submit revised plans with the application for final plat. Street Width:, Per the ACRD report, the applicant has proposed 33 foot street sections from back -of -curb to back -of -curb. The Meridian Fire Department requires a 33 foot street section from ace -of -curb to face-of;curb for parking on both sides of the street. The applicant shall increase the roadway section to meet Meridian Fire Department requirements for parking on both sides of the street. b. Staff Recommendation: Staff recommends approval of AZ -05-043, PP -05-045, and VAR -05- 019 for Sunstone Subdivision, based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. 11. EXIBBITS A. Drawings 1. Preliminary Plat (dated: March 21, 2005) 2. Landscape Plan (dated: August 12, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Sunstone Subdivision AZ -05-043, PP -05-045, VAR -05-019 PAG CITY OF MERIDIAN PLAN NIODEPARTMEN T STAFF REPORT FOR THE ANG DATE OF 12/13/2005 A. Drawings 1. Preliminary Plat (dated: March 21, 2005) Jill Aa t s m Elk", N, ■�' f @nyNHI� S1a .+� � nr hnrl edfr c Exhibit A I CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 3. Landscape Plan (dated: August 12, 2005) 1jnSLINSTONE SUSDPASION #i PRELIMINARY PLAT LANDSCAPE PAN E! Meridian. kwv Exhibit A 2 G fir.. I' �a f� r�r�- 1 'ds a 0 �..ff ((ss yY i ry �M � UG 1 � 1jnSLINSTONE SUSDPASION #i PRELIMINARY PLAT LANDSCAPE PAN E! Meridian. kwv Exhibit A 2 fir.. r�r�- 1jnSLINSTONE SUSDPASION #i PRELIMINARY PLAT LANDSCAPE PAN E! Meridian. kwv Exhibit A 2 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE H•1NG DATE OF 12/13/2005 b n � fff 4' —7 vV-.�p g1! C a •. ell • dd WWWW� j �i j� �i� �a � n L:� 1 � _ ► i �4 1 r fIf aSUNSTONE SUBDIVISION PRELIMINARY PLAT LANDSCAPE Spjr N A PLAN i iti�y + Coldv/eli, WaW j Exhibit A 3 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1211312005 B. Conditions of Approval L Phuming Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as Sheet P-1.0 prepared by Roylance and Associates, dated March 21, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -05-043) application shall also be considered conditions of the Preliminary Plat (PP -05-045). 1.1.2 The applicant shall increase the width of all attached sidewalks in the development to 5 feet and submit revised plans with the application for final plat. for- paAdag on both sides ---' dhe I -1-vidian- Fix -e Depaf & --t- mquir-es a 33 fe� S#Vet 1.1.4 There shall be no parking on the cul-de-sac at the terminus of W. Grey Towers Street. The applicant shall coordinate with the Meridian Fire Department on proper signage to denote the no parking restriction. 1.1.5 No direct lot access to Black Cat Road will be allowed. 1.1.6 Any structures which do not comply with Meridian City Code must be removed prior to signature by the City Engineer on the Final Plat for the property. This includes, but is not limited to, the existing homes and outbuildings on the property. 1.1.7 The applicant shall provide stub streets to the west, north, and south as shown on the preliminary plat and per the ACRD Conditions of Approval. 1.1.8 Maintenance of all common areas shall be the responsibility of the Sunstone Homeowners' Association. 1.1.9 sots 3, 4, 5. 6 and 7. Block 4 and Lots 3, 4-5-6.7, and 8 Block2. shall be zoned R 2 and the remainder of the subdivision shall be zoned R-4 The applicant shall submit a revised Legal Description which reflects this change to the Planning Department at least 10 days prior to the City Council hearing. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface Exhibit B CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/1 3/2005 or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. 1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2. Public Works Department 2.1 The applicant is proposing sewer to this site via extensions of mains in Black Cat Road. The main in Black Cat road flows to the new Black Cat lift station, which will not be operational till approximately January of 2006. Public Works approval of this development is conditional on the Black Cat lift station being operational and does not guarantee sewer service in the timelines outlined in Meridian City Code. 2.2 The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 'Water service to this site is being proposed via extension of mains in Black Cat Road. The applicant shall install mains to and through this proposed development, coordinate main size and routing with the Public Works Department. Applicant shall execute standard forms of easements for any mains that are required to provide service. 2.4 The applicant has indicated that the pressurized irrigation system is to be owned and maintained as a private system. Therefore, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. Exhibit B 2 CITY OF MERIDIAN PLANNINGOEPARTMENT STAFF REPORT FOR THE HEA•G DATE OF 12!13!2005 2.5 The preliminary plat does not show where the pressurized irrigation pump station is to be located. The pump station shall be located in a common lot that does not encroach into required landscape buffers. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 The applicant shall be responsible for the actual hookup and payment of assessments to municipal services for any existing dwellings that will be retained on this site. 2.8 Additional easements shall be dedicated along right-of-ways, sufficient in width to provide a 10 - foot free and clear easement. This is necessary due to the sidewalks not being located entirely within the right-of-way. 2.9 Vacate the existing ingress/egress easement depicted on the plat. If City of Meridian sanitary sewer or water lines need to be located out of the right-of-way, easements shall be recorded using the City's standard forms of easement. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro paths, Pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency, 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 Developer shall coordinate mailbox locations with the Meridian. Post Office. 2.19 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of Exhibit B CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HEA•G DATE OF 12/13/2005 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Residences over 3600 square feet will require a fire - flow of 1500 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 3.1.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.1.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f Fire hydrants shall not have any vertical obstructions to outlets within 101 . g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.1.4 The proposed 234ot subdivision with an estimated 2.9 residents per household would have a total estimated population of 67 residents at build out. 3.1.5 The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3.1.6 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.1.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.1.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved, automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). Exhibit B 4 • CITY OF MERIDIAN PLANN1Nti*PARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1.1 The Police Department has no concerns related to this application. 5. Parks Department 5.1.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.1.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 6. Sanitary Service Company 6.1.1 SSC has no comments related to this application. 7. Ada County Highway District A. Site Specific Conditions of Approval Dedicate 48 -feet of right-of-way from the centerline of Black Cat Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACRD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Construct West Grey Towers Street to intersect Black Cat Road approximately 130 -feet north of the south property line to align with West Grey Towers Street, as proposed. 3. Construct the internal streets as 33 -foot street sections with rolled curb, gutter and a 5 -foot attached concrete sidewalk„ as proposed. Submit a letter from the Meridian Fire Department reviewing and approving the reduced street section. 4. Construct a stub street to the south property line approximately 345 -feet west of Black Cat Road, as proposed. Construct a temporary turnaround at the terminus of the roadway. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct a stub street to the west property line approximately 229 -feet north of the south property line with a permanent cul-de-sac turnaround at the terminus of the roadway, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a stub street to the north property line approximately 215 -feet west of Black Cat Road, as proposed. Construct a temporary turnaround at the terminus of the roadway. Install a sign at Exhibit B 5 CITY OF MERIDIAN PLANNINAPARTMENT STAFF REPORT FOR THE HEA•G DATE OF 12/13/2005 the terminus of the stub street stating, that, "T1 -11S ROAD WILL BE EXTENDED 1N THE FUTURE". 7. Construct a cul-de-sac turnaround with a center island at the terminus of West Grey Towers Street. Construct the turnaround to provide a minimum turning radius of 45 -feet. Construct the center island a minimum of 4 -feet wide to total a minimum of a 100 -square foot area and provide a minimum of a 29 -foot street section on either side of the island. 8. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 9. Utilize an existing 20 -foot wide driveway that intersects Black Cat Road approximately 50 -feet south of the north property line until the property should redevelop or remodel, as proposed. 10. Other than the access points that have specifically been approved with this application, direct lot access to Black Cat Road is prohibited. A note will be required on the final plat stating this access restriction. 11. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387--6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual,1SPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. Exhibit B 6 CITY OF MERIDIAN PLANNINAPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within. ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-5190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subj eat of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLANNINGPARTMENT STAFF REPORT FOR THE HEAR DATE OF 12/13/2005 C. Legal Description Roylance & Associates, P.A. Engineers •Surveyors • L-anciplpnners 391 W. Slate Street, Sude !; Fagle, ltlalm 83616 ephone (208) 939-2824 FaY (2081 y'.19-2&55� May 27, 2005 Project Number: 7624 Legal Description Sunstone Enterprises, Annexation Area 11.70 Acres A tract of land situated in the Northeast One Quarter of Section 9, Township 3 North, Range I West, 13oise Meridian, Ada County. Idaho, described as follows: Commencing at brass cap montimenting the North One Quarter Cotner of Section 10, thence following the northerly line of said Section 10 North 89*36' 18" West a distance of 2645.04 feet to a brass cap monumenting the Northwest Comer of said Section 10 and the Northeast Coater of Section 9 andon the centerline of North Black Cat Road; Thence leaving said northerly line of said Section 10 and following said centerline and the easterly line of said Section 9 South 00°00'00" West a distance of 1324.43 feet to the POINT OF BEGINNING; Thence following said centerline and said easterly line, South 00°00`00" West a distance of 475.39 fect to a point; Thence leaving said centerline and said easterly line, North 90"00'00" West a distance of 1,068.79 feet to a point; Thence North 00"00'00" East a distance of 477.89 feet to a point; Thence South 89'51'57" East a distance of t,0(i8.80 feet to the POINT OF BEGINNING, The above-described tract of land contains 11.70 acres, more or less, subject to all existing easements and rights-of-way. Prepared By: ROYL.ANC'E zaez &ASSOCIATES, Y.A_ 391 W. STATE STREUr, SUITE E ttJ� ` EAGLE. IDAHO 83616 (208) 939-282418?� (208) 939.2855 FAX m 11575 . 05 °C narz KS )SPT X 7AWdmdnVe�c�4mrcx•R�VISEDdcR� Exhibit C CITY OF MERIDIAN PLANNIN09ARTMENT STAFF REPORT FOR THE HEAR DATE OF 12/13/2005 OW -1 U �. m U 6d z ,s�•�cti-�,aaa lea Nob -1 Z N o �I cdI WZ- E ZOW W NAIL Q 0) ,,:^^ IL � W r w A I 49 2 O n 1� I8 J J N W W Ea:o. Q it z W W z ,,°hh l a Vl V� Exhibit C 2 CITY OF MERIDIAN PLANNINJOPARTMENT STAFF REPORT FOR THE HEA�G DATE OF 12/13/2003 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. City Council supports the zoning and finds the proposal in general accord with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that detached single-family residential uses are allowed within the zoning district of R-2 and R-4. The applicant will be required to meet all dimensional standards of the R- 2 and R-4 zones and comply with Meridian City Code. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that the properties in the general vicinity of the property in question have been approved for development similar to the proposed subdivision, with single-family residences. Staff finds that the area is changing and this site is eligible for annexation and zoning. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City Council finds that the zoning and proposed density meets the anticipated range for a low density urban project. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which states that "common space shall equal or exceed five percent of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of five acres or more." D-1 CITY OF MERiDiAN PLANNINGOPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 City Council does not find that the, proposed zoning/uses will adversely change the essential character of area. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees. ACRD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On October 14, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. Y. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will' create nuisances that would be detrimental to the general welfare of the surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. D-2 CITY OF MERIDIAN PLANNINGOARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005 J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ACRD is supportive of the proposed streets. If is designed and constructed as approved by the ACHD and the City, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. K- Will not result in the destruction, loss or damage of a natural or scenic feature of major Importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the landscape Ordinance. Staff finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public fields. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. Subdivisions of low density have already been approved for development to the east and this is a logical expansion of the City limits. In accordance with the findings listed above, the City Council finds that annex tion and zoning of this proms. gU would be in the best interest of the City. 2. Preliminary Plat Findings: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Findings Item A above. B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Findings Items G and H above. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expjenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Please see Annexation and Zoning finings above. D-3 CITY OF MERIDIAN PLANNINGOPhARTMENT STAFF REPORT FOR THE HEAR DATE OF 12/13/2005 3. Variance Findings: According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCC 11-18-3), all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; The subject property is long and narrow in configuration and has been required, as part of the ACRD approval process, to provide three stub streets to adjacent properties. The resultant configuration creates a temporary dead end which is approximately 630 feet in length. Upon development of the property to the west, this street would be continued for access to adjacent properties, providing connectivity between developments that the City desires. The applicant has provided three stub streets to the properties to the north, south and west. City Council finds that requiring additional stubs and/or connections would not be reasonable or practical. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; As noted above, City Council finds that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners, or the applicant. Based on the nature and location of stub streets within the adjacent development, City Council finds that strict compliance to the MCC 12-4-2-F would be unreasonable and would not result in inhibiting the objectives of the MCC. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; City Council finds that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." Staff finds that the issuance of the variance to the maximum cul-de-sac length within the proposed Sunstone Subdivision does not have the effect of altering the purpose and interest of the Zoning Ordinance. The proposed subdivision increases interconnectivity (by providing three stub streets) and reduces traffic conflicts that could occur from additional connections to Black Cat Road. D-4 December 8,2W5 AZ 05-049 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT Mark and Karen Carrington ITEM NO. 17 REQUEST Public Hearing - Request for Annexation and Zoning of 5.15 acres from RUT to R-4 zones for Carrington Property — 2955 South Locust Grove Road AGENCY COMMENTS CITY CLERK: See attached P&Z Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations / Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: No Comments 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. • December 8,2W5 AZ 05-026 MERIDIAN CITY COUNCIL MEETING December 13, 2005 APPLICANT Hollybrook, LLC ITEM NO. 18 REQUEST Ordinance — Request for Annexation and Zoning of 15.32 acres from RUT to R-8 zones for Hollybrook Subdivision — 3265 North Curt Drive and 540 East Ustick Raod AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. (i ADA COUNTY RECORDER J. DAVID MOO AMOUNT .00 I BOISE IDAHO 12123106 11:05 AM RECORDED -REQUEST OF ��� ���������IIIIIIIIIIIIIIIIIIIII ��� Meridian City 105195858 CITY OF MERIDIAN ORDINANCE NO. 05_—/2-0 7 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ -05-026 HOLLYBROOK SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SW % OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R1 (ADA COUNTY) TO R -S (MEDIUM DENSITY) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Hollybrook, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -05-026 HOLLYBROOK SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION S. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /37day of %2C +'�-GL , 2005. APPROVEDBY T E MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2 "-v �" 2005. a de WEERD ATTES ED: s ?PC " r WILLIAM G. BERGE ., CITY SLE / _ ANNEXATION OF AZ -05-026 HOLLi?h1W, bIVISION Page 2 of 3 9 • STATE OF IDAHO, ) : ) ss. County of Ada ) On this 1,� day of �2CQ�y�� � , 2005, 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: MY COMMISSION EXPIRES: ANNEXATION OF AZ -05-026 HOLLYBROOK SUBDIVISION Page 3 of 3 0 • Annexation Description Hollybrook LLC A parcel located in the SW % of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwest comer of said SW % of Section 31 (Section Comer), from which 5/8 inch diameter iron pin marking the southeast comer of said SW % of Section 31 (% Comer) bears N 89058'55" E a distance of 2406.48 feet; Thence N 89058'55" E along the southerly boundary of said SW % a distance of 1630.09 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence leaving said southerly boundary N 0°24'59" E along the easterly boundaries of Sundance Subdivision No. 4, as shown in Book 89 of Plats on Pages 10,226 and 10,227, records of Ada County, Idaho, and Sundance Subdivision No. 2 as shown in Book 86 of Plats on Pages 9,772 and 9,773, records of Ada County, Idaho, a distance of 1919.30 feet to a 5/8 inch diameter iron pin marking the northeast comer of said Sundance Subdivision No. 2; Thence along the southerly boundary of Sundance Place Subdivision No. 3 as shown in Book 91 of Plats on Pages 10,640 and 10,641, records of Ada County, Idaho, the following described courses; Thence N 89°5947" E a distance of 320.60 feet to a 5/8 inch diameter iron pin; Thence S 33047'07" E a distance of 280.75 feet to a 5/8 inch diameter iron pin; Thence S 80°10'04" E a distance of 298.83 feet to a 5/8 inch diameter iron pin on the westerly boundary of Quenzer Commons Subdivision No. 4 as shown in Book 88 of Plats on Pages 10,105 thru 10,107, records of Ada County, Idaho; Thence S 0016'52" W along said westerly boundary a distance of 307.74 feet to a 5/8 inch diameter iron pin on the northerly boundary of Weaver Acres No. 2 as shown in Book 38 of Plats on Pages 3,203 and 3,204, records of Ada County, Idaho; Thence S 89049'28" W along said northerly boundary of Weaver Acres No. 2 and the northerly boundary of Weaver Acres No. 1 as shown in Book 28 of Plats on Pages 1,745 and 1,746, records of Ada County, Idaho, a distance of 653.56 feet to a 5/8 inch diameter iron pin marking the northwest comer of said Weaver Acres No. 1; Thence S 0019'41" W along the westerly boundary of said Weaver Acres No. 1 a distance of 708.20 feet to a 5/8 inch diameter iron pin; too- I®Y02 0 0 Thence leaving said westerly boundary S 0°13'57" W a distance of 144.20 feet to a point; Thence N 89°58'43" E a distance of 328.02 feet to a 5/8 inch diameter iron pin on the westerly right-of-way of Curt Drive; Thence S 0°18'51" W along said westerly right-of-way a distance of 472.76 feet to a point on the southerly boundary of the SW % of said Section 31; Thence S 89°58'55" W along said southerly boundary a distance of 450.82 feet to the POINT OF BEGINNING. This parcel contains 15.62 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC March 23, 2005 RYvI �bVA Z - c yrs, 0 3 2005 MERIDIAN PUBLIC WORKS DEPT. CO SLANOs'P 11118 31231or s of oN W . NP z O V C Z 0 D m (n O OO O z 0M W � J O 2 O Q O m �w z W Z O un 2Vo zmQN LUOz uj G� OL-1- LU w 4 VON NOmNCWIS SNOWWO:) 832N3(/0 N �I ulI I -EEEEEE* 0 M 2 0 1 'ON SMDV M3AV-il% M .1.;61.0 S ,O£ 6161 ,9l•9[4 ,S6bZ8 ((GGW��� M oZS,91.O S Z'ON NOISW08nS 3JNVONni SUN a V ,YL'LO£ 3 p z m b �O• 0 �0 ry N h c Ln N c 10 k est 3�k17 5 i Q 2a� H N a M Ld m �• yJ2 W `n J � N a (7 0 1 'ON SMDV M3AV-il% M .1.;61.0 S 3 „69, *Z.O N U :2W (L Q O W3 2 ,O£ 6161 ,9l•9[4 ,S6bZ8 ((GGW��� — Y Z'ON NOISW08nS 3JNVONni Z 3 N e m 3 „69, *Z.O N U :2W (L Q O W3 2 9AIaa lane .H „19,91.0 s 17 ,6S'bL9 VON NOWUaGM 3:)NVONnS � Z tLz I� QU g h 0 Y U �Ib O b h ^ b b 2m O h a� c WJ e N e 1 Ln N c QNNI C �mfO H Ld(3o M Ld % ;;�N NScN J � N 9AIaa lane .H „19,91.0 s 17 ,6S'bL9 VON NOWUaGM 3:)NVONnS � Z tLz I� QU g h 0 Y U �Ib O b h ^ b b 2m O h a� 9 December 8, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Executive Session per Idaho State Code 67-2345(1)(f) • December 13, 2005 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS ITEM NO. 19