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HomeMy WebLinkAbout2005-12-061. 2. 3. 4. 5. s 0 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 6, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird X Mayor Tammy de Weerd Pledge of Allegiance:/� <%� rtifoP /29 Community Invocation by &kork- Adoption of the Agenda: Consent Agenda: appr.v,e as re vi%e 0C, A. Approve Minutes of November 9, 2005 City Council Regular Meeting: avpervrc_ B. Findings of Fact and Conclusions of Law for Approval: FPM 05-001 Request for a Final Plat Modification to remove Final Plat condition to construct a six foot fence inside Nampa Meridian Irrigation District easement for Southern Springs Subdivision No. 2 by Roger Michener and Lawrence Ross — southeast corner of Meridian Road and Overland Road: 6rll"w#_- C. 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: a?qor" v'e- Meridian City Council Meeting Agenda — December 6, 2005 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 0 D. Development Agreement: AZ 05-023 Annexation and Zoning of 39.47 acres from RUT/C2 (Ada County) to C -N zone by Cherry Lane Christian Church — 2511 W. Cherry Lane: E. Sewer Easement for Cherry Lane Christian Church at 2511 W. Cherry Lane: 4Lr.,,,VC, F. Permanent and Temporary Easement Contract with Cherry Lane Christian Church for Black Cat Sewer Project and Ten Mile Diversion Trunk Sewer: G. Approval of Liquor License Transfer from Epi's A Basque Restaurant to Todd Mason dba Mason's at 601 S. Main Street: dp,440014- H. Approve Wine License for Epi's A Basque Restaurant at 1115 N. Main Street: rip-, V.Cl I. Water Main Easement Agreement for Yanke Warehouse by SJL, LLC: a%%yrov L J. Water Main Easement Agreement for Prospect Elementary School by Joint School District No. 2: d)0/#r0vW,, K. Award of Bid for Installation of Wastewater Treatment Plant Yard Fence to Meridian Fence Co.: a�®vim L. Wells 26 & 20B Control System Installation Contract by Custom Electric: Ar/r" -t, M. Public Pathway Easement for the North Slough Pathway in Saguaro Canyon Subdivision by Farwest L.L.C.: v -e, N. Agreement for Professional Services for TN -C Design Guidelines with McKibben and Cooper Architects: 49�V_e_, O. Development Agreement: RZ 05-008 Request for a Rezone of 2.61 acres from R-4 to C -G zone for Walgreens by Hawkins Companies — 3150 West Cherry Lane:.v,�c, P. Award of Bid for Janitorial Services to Western Building Maintenance: 1/7-p 'c - Q. Resolution No. 405-- 4114— To Declare Surplus Property / Computer Equipment Donate to Meridian Girls & Boys Club: Meridian City Council Meeting Agenda — December 6, 2005 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 0 R. Sanitary Sewer Easement for Silver Oaks Subdivision by Charter Builders Inc.: 1*14291Y,o V�-C_ 6. Department Rgports: 0/4A,h5 A. Department —L ,77 V,, 1. Update an . B. Fire Department — Joe Silva 1. Presentation of Appreciation Award to SSC for Contributions to the Fire Safety Center: s&� C. Legal Department — Bill Nary 1. Update on Ordinance Change to the Fence Requirements: D. Mayors Office 1. ACHD Neighborhood Advisory Committee Representative: 7. Items Moved from Consent Agenda: 8. Request for Reconsideration of Banff Subdivision Annexation I Zoning, Preliminary Plat and CUP Applications by Landworks, LLC: 9. Findings of Fact and Conclusions of Law for Denial: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC — 675 South Linder Road: 7/Z�� /V c% . 3, 20o 6 10. Findings of Fact and Conclusions of Law for Denial: PP 05-032 Request for Preliminary Plat approval of 21 single family residential building lots and seven common lots on 2.91 acres in a proposed R-8 zone for Banff Subdivision by Landworks, LLC — 675 South Linder Road: 11. Findings of Fact and Conclusions of Law for Denial: CUP 05-036 Request for a Conditional Use Permit / Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC — 675 South Linder Road: 740 J"- , 5 9-0o6 Meridian City Council Meeting Agenda — December 6, 2005 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. i 0 12. Request for Reconsideration of Irvine Subdivision Annexation / Zoning, Preliminary Plat and PUD Applications by Dyver Development, LLC: P/A( 9616 A-.- 47411—. 3,-4. 20 o 6 13. Findings of Fact and Conclusions of Law for Denial: AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Development, LLC — southeast corner of Ten Mile Road and Chinden Boulevard: �� ?o6 �. Fr-. X06 14. Findings of Fact and Conclusions of Law for Denial: PP 05-037 Request for Preliminary Plat approval of 200 building lots and 21 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC — southeast corner of Ten Mile Road and Chinden Boulevard: _/� /V <7 , 31,VC4 91011V6 15. Findings of Fact and Conclusions of Law for Denial: CUP 05-039 Request for Conditional Use Permit for a Planned Development for single family detached residential units and single family attached residential units in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC — southeast corner of Ten Mile Road and Chinden Boulevard: 16. FP 05-068 Request for Final Plat approval of 4 office lots and 1 common lot on 1.74 acres in a L -O zone for Newton's Nook Subdivision by Pennwood III, LLC — south of Franklin Road and west of Meridian Road (Lot 10, Block 1 of Troutner Park Subdivision): aZK�vK., 17. FP 05-069 Request for Final Plat approval of 47 single-family residential building lots and 10 common area lots on 10.15 acres in a R-8 zone for Woodburn Subdivision by Dyver Development, LLC — 870 West Ustick Road: 18. Continued Public Hearing from November 22, 2005: TE 05-010 Request for a one year time extension to record the final plat for Setter Cove Subdivision by Tealey's Land Surveying — 2100 East Leighfield Drive: %'�r'�,�' 74v 12-10-06 19. Public Hearing: Conveyance of Real Property to Ada County Highway District for Right -of -Way at Meridian Settlers Park, 3401 N. Meridian Road, at Meridian and Ustick Roads: 20. Ordinance No. : Conveyance of Real Property to Ada County Highway District for Right -of -Way at Meridian Settlers Park, 3401 N. Meridian Road, at Meridian and Ustick Roads: 01217y e'c., Meridian City Council Meeting Agenda — December 6, 2005 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 21. Public Hearing: AZ 05-047 Request for Annexation and Zoning of 13.556 acres from RUT to R-8 zone for Milford Creek Subdivision No. 2 by M&H Development, LLC — south of East McMillan Road and west of North Eagle Road: ,0"vac.. loe/l-/ c%,C A -r- 22. Public Hearing: PP 05-050 Request for Preliminary Plat approval of 48 building lots and 7 other lots in a proposed R-8 zone for Milford Creek Subdivision No. 2 by M&H Development, LLC — south of East McMillan Road and west of North Eagle Road: al�� r-opx orl-4t e,4( A,,-Arl-wvrw-,16 23. Ordinance No. 05-1204- AZ 05-036 Request for Annexation and Zoning of 10.30 acres from RUT to a R-8 zone for Larkspur Subdivision No. 2 by Larkspur LLC — 200 and 205 East Rosalyn Court: `p/rrovr_ 24. Ordinance No. OS,/ : RZ 05-008 Request for a Rezone of 2.61 acres from R-4 to C -G zone for Walgreens by Hawkins Companies — 3150 West Cherry Lane: 25. Ordinance No. Pte,/'o6 : AZ 05-023 Annexation and Zoning of 39.47 acres from RUT/C2 (Ada County) to C -N zone by Cherry Lane Christian Church — 2511 W. Cherry Lane: ��provw 26. Executive Session per Idaho State Code 67-2345 (1) (c) & (f): 27. Tabled from November 15, 2005: Ordinance No. Transferring City Parking Lot to the Meridian Development Corporation: 4cn -'2 7 AnrovIC, Meridian City Council Meeting Agenda — December 6, 2005 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 Meridian City Council Meeting December 6, 2005 The regular meeting of the Meridian City Council was called to order at 7:02 P.M., Tuesday, December 6, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree, and Christine Donnell. Others Present: Bill Nary, Will Berg, Steve Siddoway, Len Grady, Bill Musser, Joe Silva, 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: I will go ahead and call this meeting to order. It is Tuesday, December 6. It's a little bit after 7:00. Welcome here this evening. We will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2 is our pledge of allegiance. Tonight we will be led in the pledge by Joe Brown and he's with Troop 129. Please rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Bud Henthorn, Youth Pastor at Meridian Gospel Tabernacle: De Weerd: Joe, thank you for leading us tonight and here is one of our City of Meridian pins. Thank you. Item No. 3 is our community invocation and before I introduce Pastor Bud Henthorn, who will lead us in the community invocation, I would also like to introduce him in his new role. His new role is -- we just hired him as our Amer! Corps fellow and so he's taking the title of youth programs coordinator and we appreciate and welcome Bud. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Pastor Henthorn. Henthorn: Heavenly Father, we thank thee, first of all, for this great land in which we live and this community that you have given to us and that you have made us responsible for in some way. God, we are grateful for the vision that you have given our community leaders, a vision especially for youth, profoundly for youth. We ask, God, that you would -- that you would grant us the faith to trust you for great things for our young people. We ask, Lord God, that you would give us a vision that is equal to their Meridian City Council December 6, 2005 Page 2 of 32 energy and their potential. We ask, God, that you would bless us here tonight with your presence, with your peace, with your love and your grace, in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Bud. I mean -- tomorrow you're Bud. Thank you for joining us. Okay. Item No. 4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If I could get resolution numbers and ordinance numbers. Oh. Okay. What does the resolution start with? Berg: I'm sorry. Madam Mayor, 05-494 is resolution start. Ordinances start at 05-1203. De Weerd: Okay. Thank you, Mr. Berg. Mr. Bird. Bird: Can't read my writing now. I would move that we approve the agenda as published, with one -- in the Department Reports, it is going to be a planning and Steve Siddoway is going to update us on transportation projects -- dates for projects. Instead of the Public Works, it would be Planning and Zoning. And with that I would move we approved the revised agenda. Rountree: Second. De Weerd: Okay. Motion to approve the agenda as amended. All of those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of November 9, 2005 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval: FPM 05-001 Request for a Final Plat Modification to remove Final Plat condition to construct a six foot fence inside Nampa Meridian Irrigation District easement for Southern Springs Subdivision No. 2 by Roger Michener and Lawrence Ross — southeast corner of Meridian Road and Overland Road: C. Findings of Fact and Conclusions of Law for Approval: CUP 05-040 Request for a Conditional Use Permit to modify the Meridian City Council • December 6, 2005 Page 3 of 32 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: D. Development Agreement: AZ 05-023 Annexation and Zoning of 39.47 acres from RUT/C2 (Ada County) to C -N zone by Cherry Lane Christian Church — 2511 W. Cherry Lane: E. Sewer Easement for Cherry Lane Christian Church at 2511 W. Cherry Lane: F. Permanent and Temporary Easement Contract with Cherry Lane Christian Church for Black Cat Sewer Project and Ten Mile Diversion Trunk Sewer: G. Approval of Liquor License Transfer from Epi's A Basque Restaurant to Todd Mason dba Mason's at 601 S. Main Street: H. Approve Wine License for Epi's A Basque Restaurant at 1115 N. Main Street: I. Water Main Easement Agreement for Yanke Warehouse by SJL, LLC: J. Water Main Easement Agreement for Prospect Elementary School by Joint School District No. 2: K. Award of Bid for Installation of Wastewater Treatment Plant Yard Fence to Meridian Fence Co.: L. Wells 26 & 20B Control System Installation Contract by Custom Electric: M. Public Pathway Easement for the North Slough Pathway in Saguaro Canyon Subdivision by Farwest L.L.C.: N. Agreement for Professional Services for TN -C Design Guidelines with McKibben and Cooper Architects: O. Development Agreement: RZ 05-008 Request for a Rezone of 2.61 acres from R-4 to C -G zone for Walgreens by Hawkins Companies — 3150 West Cherry Lane: Meridian City Council December 6, 2005 Page 4 of 32 P. Award of Bid for Janitorial Services to Western Building Maintenance: Q. Resolution No. 05-494 : To Declare Surplus Property / Computer Equipment Donate to Meridian Girls & Boys Club: R. Sanitary Sewer Easement for Silver Oaks Subdivision by Charter Builders Inc.: De Weerd: Okay. Consent Agenda, Item 5. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, which includes Resolution 05-494, to declare surplus property, computer equipment donations to Meridian Boys and Girls Club and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. If there is no further discussion, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning Department — Steve Siddoway 1. Update on the ACHD Projects. De Weerd: Okay. Item 6. We will start with Steve from the planning department. Siddoway: Thank you, Madam Mayor, Members of the Council. There are two significant planning efforts going on with Ada County Highway District right now. The first is the five year work program. As you remember, in October the Council approved a prioritized list of transportation projects that was forwarded onto ACHD for their consideration while preparing the five year work program. That five year work program is moving towards its final draft. I thought it would benefit Council to have an update on that five year work program planning process and see how those projects are flushing out. I would just ask if you would like to have a pre -Council meeting set during the month of December to invite the ACHD staff to present the five year work program in its current draft. I do have a meeting tomorrow at ACHD to go over what they are calling Meridian City Council December 6, 2005 Page 5 of 32 Draft B of the five year work program and I can coordinate with them tomorrow. So, I thought I would, first of all, see if there was interest in doing so. De Weerd: Okay. Council, I would seek your direction. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Steve, I apologize, I didn't catch the first part of your presentation. Is this a time factor? Do we need to have it done by the end of the year? Siddoway: They had been planning to adopt by the 21st. I heard today that that may not -- they may be postponing that into the first part of January, but it is certainly something that will be happening within about a month, the adoption of the final plan. Now, we can have a presentation, after it's adopted, of the plan, or if you want a presentation before it's adopted, I just thought I would give the Council that option. Wardle: Thank you. Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: If memory serves from the clerk here, I believe that our next two meetings we do have pre -Council agendas. Next would be the AspireOn presentation, along with staff, and I believe there is one after that, so -- and I believe we have canceled the meeting in between Christmas and New Year's, so, Steve, I'm not sure we have an opening in December, but I would entertain the idea of potentially doing that in January. De Weerd: Mr. Wardle, I -- Steve, I think I will send Council a copy of the summary you first put together for the Transportation Task Force and, then, I'll also include Don's comments to each of those items. That should bring Council bring up to speed. If you have any questions or issues, we could, then, maybe put it under a department report that can at least get comment back to ACRD, if there is some, and, then, ask for the full presentation sometime in January. Does that sound feasible? Siddoway: That would be fine. Yes. And if anyone has questions or comments based on those e-mails, you're certainly welcome to forward me comments and I can carry those forward to ACHD at anytime. De Weerd: Okay. Siddoway: Would you want to set a January meeting now or would you like to wait and see how that flushes out? De Weerd: Yeah. Why don't we set it sometime later this month? Meridian City Council December 6, 2005 Page 6 of 32 Rountree: Next month. De Weerd: Yeah. Yeah. We will set that at a later date. Siddoway: Okay. The second project that's going on at ACHD right now is the Capital Improvement Plan. That is the 20 year plan and it gets updated every three years and it's also being updated right now. I spoke with Gary Inselman earlier today and we are proposing a joint workshop with ACHD and various city councils to go over the CIP itself and its relation to local land use planning decisions in January. The proposal is for the second Tuesday in January. That's January 10th, I believe at noon at ACHD, and I'm just asking are you interested in engaging with ACHD in a discussion about the CIP, the 20 year plan, and have a presentation on that and if you would like more information about what that might be, we have Gary right here. De Weerd: Council, we have a joint workshop with ACHD on the 9th. So, we could probably forego on that and just do it on the 10th or -- I don't know. Gary, do you -- where is Gary? Oh. Would you like to comment? What would be the preferred method? We already have a scheduled meeting on the 9th. Inselman: Madam Mayor, Members of the Council, this is a request of the transportation planner from the city of Boise when Steve and I were at the Compass meeting this morning, so the three of us proposed that possibly if there was interest of both councils that we could have a meeting and we would invite all of the councils of the cities within the county to come and hear a presentation from our consultant. The 9th or the 10th, it doesn't matter to me. It was the response to a request from the cities to try to get the information out there. We are also having a public information meeting Thursday night on the same issue if you're interested in coming to that. And that's starting at 4:30, with a presentation at 5:30 from our consultant. De Weerd: And that's this week? Inselman: That's correct. De Weerd: We always look for additional meetings to go to. Inselman: Especially at night. De Weerd: Council, any questions for Gary? Okay. Thanks, Gary. So, staff could give an overview on the 9th at the joint meeting or we could even get that further in the Council meeting on the 10th. Siddoway: Madam Mayor, ACHD's consultant will be in town on the 10th. They will not be here on the 9th, but there is no reason we couldn't have a presentation from staff at the joint meeting about the CIP on the 9th, if that's what you prefer. De Weerd: Any comments or preferences from Council? Meridian City Council December 6, 2005 Page 7 of 32 Rountree: That last alternative would be my preference. Just have staff give us an update on the 9th as part of our regular quarterly meeting. De Weerd: Okay. And I'm sure, Mrs. Donnell, you have strong opinions on this. Donnell: You bet. De Weerd: You won't be here. Donnell: You're talking about the 9th of January? De Weerd: Yes. Bird: No. No. We were talking about December. Rountree: Talking about Friday. De Weerd: Okay. Is the rest of the Council in agreement with that? Bird: Yeah, that's fine with me. De Weerd: Okay. Mr. Wardle? Wardle: Yes. B. Fire Department — Joe Silva 1. Presentation of Appreciation Award to SSC for Contributions to the Fire Safety Center: De Weerd: Okay. Item 613 is a presentation by the fire department. Silva: Mayor, Members of the Council, this evening we would like to honor SSC for their contributions to our community efforts in completing the construction on the first safety center for the Meridian Fire Department and the citizens of Meridian. So, with that we would like to have Steve Sedlecek and Bill Gregory come and step forward, please. We'd like to offer, on behalf of the Meridian Fire Department, this small token of our appreciation to Sanitary Services Company in recognition of valuable contributions to the Meridian Fire Safety Center in 2005. Thank you very much. Bird: Turn around so Frank can get a picture. C. Legal Department — Bill Nary Meridian City Council December 6, 2005 Page 8 of 32 1. Update on Ordinance Change to the Fence Requirements: De Weerd: Thank you, Joe. And thanks, Steve and Bill. We appreciate the partnership we have with SSC and certainly appreciated you joining us in our meeting earlier today as well, so thanks. Okay. Item 6C, Mr. Nary? Nary: Thank you, Madam Mayor, Members of the Council. On your agenda it says update of the ordinance change for the fence requirements. Is to make sure we are all on the same page. You received a letter awhile back from Mr. Swingle regarding a fence ordinance -- and now you're all nodding your head. We haven't got to the end yet. But Mr. Swingle had a pending criminal case with the city regarding a code enforcement issue regarding his fence, some arbors, a concrete block wall, and there is a variety of different issues. Some of that -- maybe all of that might be resolved by some ordinance change. In discussions with the Planning Department and code enforcement and the police chief, the Mayor and I met with Mr. Swingle last week and I believe that staff is supportive of at least going through the process and looking at some ordinance changes that might impact Mr. Swingle in a positive way and his fence would, then, become in compliance. What I told Mr. Swingle -- and I sent him a letter to this effect -- I contacted the prosecutor's office last week, asked them what their preference was, if we were going to be considering some amendments or ordinance which may make his current out -of -compliance fences in compliance. The prosecutor said it would be her preference to simply dismiss those charges at this time. She had a couple of other questions and concerns about that, which I think we resolved, but she felt that if, for example, we did not amend our ordinance and they were still out of compliance, code enforcement could, then, have that same discussion. I believe Mr. Swingle -- at least my comfort level was that if Mr. Swingle was still out of compliance after a thorough discussion of the ordinance, any possible changes -- anything -- and nothing were to occur differently than what exists today, he would probably just remove the fences as they are and life would go on. If he chose not to do that, we could always file another charge, we could take that route as well. So, it doesn't injure us or anything to simply allow that to -- that process to occur, to not go forward criminally at this time and consider that later if nothing were to change. When I spoke with Mrs. Canning from planning, she didn't have an objection to that particular thing. She said there was some issues in -- and may be something, again, in having a discussion with Mr. Swingle, that may not be incorporated into a change and -- but with this change that's being requested, I think what he was directed to do was to ask the Council to waive the fees -- the fees were approximately 800 dollars to ask for an ordinance change, which is inordinately high in a situation such as this. It does make sense in other scenarios because of the time of staff that's involved, but in this one it probably doesn't and staff -- the planning department was supportive of the Council, if they were to waive the fee and proceed with the direction to staff to go through the process to make amendments that are necessary, to evaluate the ordinance, and take it through the process, which means to go through the Planning and Zoning before it comes back to you and to also sit down with Mr. Swingle to make sure that the type of things that we are looking at -- 0 Meridian City Council December 6, 2005 Page 9 of 32 E how those impact him. Again, not to amend the ordinance just to fit his needs, but to fit the city's needs as a whole and if that impacts him in a good way, then, that's fine and if it doesn't, then, it doesn't. I guess that's a long explanation and you folks were nodding before. Is that the Council's desire? Is that direction to staff to begin the process of evaluating those ordinances in regards to the fencing, to not to charge Mr. Swingle a fee for that and to simply begin planning staffs analysis of those ordinances and, then, take that through the process? Is that what you would like us to do or if you would like us to do something different than that? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That would be my preference on the deal. And I can't believe that we charge 800 dollars to change an ordinance, when we probably need to look at it anyway. That would be my preference, to have Council get this ordinance looked at. I'm sure there is some updating that needs to be done on it. De Weerd: Well -- and I think it was felt that when it was brought to our attention it was reasonable. Staff felt there could be some very positive effects from that change and so it seemed more staff level, than really citizen driven. Bird: I agree. Let's bring it forward and discuss it and do something with it and waive the fee. De Weerd: Okay. Nary: Thank you. Rountree: Madam Mayor, I concur. De Weerd: Yes. Thank you. Rountree: That's something we need to do to be consistent and let's do it from a staff level. De Weerd: Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I agree. Mr. Nary, do you need a motion for a fee waiver? Nary: Probably for the record's sake that would be helpful, yes. is Meridian City Council December 6, 2005 Page 10 of 32 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Madam Mayor, I'm sorry. I move that we accept staffs recommendation to move forward with ordinance changes and to waive the fee for the applicant. Bird: Second. De Weerd: Okay. The motion is to approve the fee waiver. Is there any further discussion? Rountree: I have none. De Weerd: Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. D. Mayor's Office 1. ACHD Neighborhood Advisory Committee Representative: De Weerd: Thank you. Item 6D is just a kind of an FYI. This is an assignment to a citizen to be placed on ACHD's neighborhood advisory committee. Wes Edwards was our neighborhood representative, in addition to Terry Smith and Steve Siddoway, and Wes had to step down. He's expecting like his seventh child or something. I don't know. A lot of kids. And he just didn't have the time anymore. He had to step off in November and we do have a replacement. Andy Wonnacott has attended the meeting just a couple weeks ago and along with Steve. I do have his resume here, if you would like to know more about Andy. But he is in place. He's met with Steve. Steve has brought him up to date as far as what the committee has been doing and some of the transportation related issues. So, we feel he will be a good advocate for our community and, again, if you would like further information, I certainly have that available for you. And I don't need any action on this item. It's just an FYI. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. We had no items moved from Item -- from the Consent Agenda. Item 8: Request for Reconsideration of Banff Subdivision Annexation / Zoning, Preliminary Plat and CUP Applications by Landworks, LLC: Meridian City Council December 6, 2005 Page 11 of 32 De Weerd: So, Item No. 8 is a request for a reconsideration. Mr. Nary, is the best way to handle those is just ask the applicant to step forward or do you want to introduce this? Nary: Madam Mayor, I could probably briefly introduce this. I know the Council's familiar with this project. You have previously denied this project. The Findings of Facts for denial are on your agenda tonight as Items 9, 10, and 11. We have had the request for reconsideration. If the Council action is to grant that reconsideration, then, you would need to set this for a hearing at a later time. If you want the applicant to incur the fees and costs of re -noticing that, you would probably include that in your motion if that was your desire. If you don't wish to grant that reconsideration, then, you could move forward to Items 9, 10, and 11 and approve those for denial, the Findings that are in front of you. Staff, from planning, may have some input after the applicant has made their pitch as to why to reconsider and what impact that may have to staff, something for you to consider in your decision as to whether or not to grant that, so I think that's probably enough intro. De Weerd: Okay. Would the applicant like to come forward. Please state your name and address for the record. McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon, 735 South Crosstimber. I wasn't expecting to be able to speak tonight. Typically, at your reconsideration hearing you determine whether or not you want to do that, so I'll make my comments really brief. De Weerd: That would be appreciated. Should we set the timer? McKinnon: As I know, the only two people that can make a request for reconsideration is either the maker of the motion or the person that seconded the motion. It was a two - one split the last time we met. Councilman Rountree, you weren't present at that time. There were a few things that were discussed at that -- I believe that there may be some afterthought that took place after the meeting and just like to ask you to reconsider this motion that you made at that time, set it for a future date. We'd love to have a future date when the person who voted in favor of it, Mrs. Donnell, could be in attendance. We know that her time is short. So, that would be my request tonight. If you have any questions of me, I would be happy to answer them at this time. De Weerd: Council, any questions? Okay. McKinnon: Thank you. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. • Meridian City Council December 6, 2005 Page 12 of 32 Bird: Are you going to -- De Weerd: I will ask Steve for any comments from staff. 0 Bird: If they have got any comments and, then, I have got -- then I do have some. De Weerd: Okay. Siddoway: Madam Mayor, the only comments that I would have is that the staff report was prepared for denial originally. The Planning and Zoning Commission recommendation was for denial. So, there has not been any work done on Findings for approval. So, if you do wish to -- if you do move this for reconsideration and this moves forward with any -- to prepare Findings for approval in the future, there will be significant staff work to change the staff report in favor of the project. But I guess we are not here to discuss whether we are in favor of it or not, we are just here to decide whether to reconsider it. De Weerd: That's correct. Okay. Mr. Bird? Bird: Madam Mayor, I was one of the negatives and I wholeheartedly am happy to see them come back, because I missed something. I forgot to put in my dam in between my ears, I guess, when they were talking. So, I am, for one, for reconsidering it, if we can get a second on it. I think there is only -- the only thing that I -- part that I need testimony on is the going away of Linder entrance and exit once the property south of it is developed. And I somehow or the other missed what the applicant said, after I read the -- looked at the minutes and stuff, that's why I say, that's when I didn't put my dam in. So, that's -- I would be willing to make a motion and that we reconsider this at no cost to the applicant, to bring it back forward on January 3rd, while old business is being done. Donnell: Is that a motion? De Weerd: That was a motion. Bird: That was a motion. Donnell: Second. De Weerd: Okay. The motion is to approve the reconsideration and set this for January 3rd under old business. Mr. Berg, does that give adequate time for noticing? Okay. Is there any discussion? Donnell: I think I was going to be in Mexico during that -- I'm kidding, actually. I'd like to be in Mexico. • 0 Meridian City Council December 6, 2005 Page 13 of 32 De Weerd: Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, nay; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 9: Findings of Fact and Conclusions of Law for Denial: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC — 675 South Linder Road: Item 10: Findings of Fact and Conclusions of Law for Denial: PP 05-032 Request for Preliminary Plat approval of 21 single family residential building lots and seven common lots on 2.91 acres in a proposed R-8 zone for Banff Subdivision by Landworks, LLC — 675 South Linder Road: Item 11: Findings of Fact and Conclusions of Law for Denial: CUP 05-036 Request for a Conditional Use Permit / Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC — 675 South Linder Road: De Weerd: Okay. Thank you. So, this will be set for January 3rd. Okay. Items 9, 10, and 11, then. Mr. Nary. Nary: Madam Mayor, probably the most efficient way -- we just table those items until your January 3rd meeting as well, because, again, I don't know what your outcome of your reconsideration may be, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Can I table all three at the same time? De Weerd: Yes. Bird: I would move that we table Items 9, 10, and 11 for Banff Subdivision CUP, preliminary plat, and zoning. Donnell: Second. De Weerd: Okay. The motion is to table Item 9 through 11 to January 3rd, 2006. Is there any discussion? Okay. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. i 0 Meridian City Council December 6, 2005 Page 14 of 32 MOTION CARRIED: ALL AYES. Item 12: Request for Reconsideration of Irvine Subdivision Annexation / Zoning, Preliminary Plat and PUD Applications by Dyver Development, LLC: De Weerd: Thank you. Item 12. Does planning -- Item 12 -- Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Before going to Items 12, 13 and 14 and 15, 1 need to recuse myself. De Weerd: Okay. Thank you. Okay. Item 12 is also a request for reconsideration. would ask the applicant to come forward. Please state your name and address. Amar: Thank you, Madam Mayor. For the record Kevin Amar. Address 36 East Pine in Meridian. Similar request as to the previous. There was some discussion after the Public Hearing was closed and I think some information that was essential to this project and we would like to present that with respect the surrounding area and the nature of the project itself, would like the opportunity to do that at a future date for this project and get some more information in at least some direction from this body. Is that short and sweet? De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none, Mayor. Amar: Thank you. De Weerd: Okay. Thank you, Kevin. Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Question for counsel. If we grant the request for reconsideration, at that time is there -- if there has been changes to the application made, is there an opportunity for the Council to remand that to the Planning and Zoning Commission without approving the consecutive conclusions for denial? Nary: Madam Mayor, Members of the Council, Councilmember Wardle, absolutely. If in your reconsideration your decision is that that matter should be remanded, you can remand that. At that point you would probably rescind those actions you have taken, C� Meridian City Council December 6, 2005 Page 15 of 32 because the denial would not be necessary at that juncture. But, yeah, you still would have free consideration to do any of that. De Weerd: Okay. Any further questions? Okay. Do I have a motion on this item? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: After further review and discussion with staff, I would move that we approve Item No. 12, request for reconsideration of the Irvine Subdivision. Donnell: Second. De Weerd: Okay. Motion to approve the reconsideration and set it for January 3rd. Bird: January 3rd. Nary: It has to be with Mrs. Donnell present. Wardle: January 3rd, while you're still here. De Weerd: Okay. Since I asked for roll call, I will again. Roll -Call: Bird, yea; Rountree, abstain; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 13: Findings of Fact and Conclusions of Law for Denial: AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Development, LLC — southeast corner of Ten Mile Road and Chinden Boulevard: Item 14: Findings of Fact and Conclusions of Law for Denial: PP 05-037 Request for Preliminary Plat approval of 200 building lots and 21 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC — southeast corner of Ten Mile Road and Chinden Boulevard: Item 15: Findings of Fact and Conclusions of Law for Denial: CUP 05-039 Request for Conditional Use Permit for a Planned Development for single family detached residential units and single family attached residential units in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC — southeast corner of Ten Mile Road and Chinden Boulevard: • Meridian City Council December 6, 2005 Page 16 of 32 De Weerd: Okay. So, do I have a motion on Items 13 through 15? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move we table Items 13 through 15 to January 3rd. Donnell: Second. De Weerd: Okay. Motion to approve Items 13 through 15 to be tabled to January 3rd. All those in favor say aye. Okay. Those -- did you vote? Rountree: Abstained. De Weerd: Okay. Three ayes and one abstention. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 16: FP 05-068 Request for Final Plat approval of 4 office lots and 1 common lot on 1.74 acres in a L -O zone for Newton's Nook Subdivision by Pennwood III, LLC — south of Franklin Road and west of Meridian Road (Lot 10, Block 1 of Troutner Park Subdivision): Item 17: FP 05-069 Request for Final Plat approval of 47 single-family residential building lots and 10 common area lots on 10.15 acres in a R-8 zone for Woodburn Subdivision by Dyver Development, LLC — 870 West Ustick Road: De Weerd: Okay. Item 16 is FP 05-068 and we do have a letter agreeing to staff comments. Steve, do you have any further comment on that item? Siddoway: Madam Mayor, no. I was simply going to state that on both this item and the next one, both final plats, we have letters from the applicant saying that they agree with the conditions of approval. De Weerd: Okay. Council, do you need any further information on Item 16 or 17? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Can the motion include both items? De Weerd: Yes. 0 Meridian City Council December 6, 2005 Page 17 of 32 C Rountree: Madam Mayor, I move that we approve both Items 16, FP 05-068, and Item 17, FP 05-069. Wardle: Second. Bird: Second. De Weerd: Okay. Motion to approve Items 16 and 17. If there is no further discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 18: Continued Public Hearing from November 22, 2005: TE 05-010 Request for a one year time extension to record the final plat for Setter Cove Subdivision by Tealey's Land Surveying — 2100 East Leighfield Drive: De Weerd: Item 18 is a continued Public Hearing from November 22nd on TE 05-010. 1 will open the Public Hearing with staff comments. Siddoway: Thank you, Madam Mayor, Members of the Council. This is a request for a time extension on the plat for Setter Cove Subdivision. Staff does not have any issues with the requested time extension and recommends approval of it. De Weerd: Okay. Council, any questions? Rountree: I have none. De Weerd: Is there any comment from the applicant? Rountree: We just haven't seen you in a long time. De Weerd: I think you just risk getting a hard time. Council, do you have any questions for the applicant? Okay. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on TE 05-010. Rountree: Second. .7 Meridian City Council December 6, 2005 Page 18 of 32 • De Weerd: Okay. Motion to close the Public Hearing on Item 18. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the request for one year time extension on Setter Cove Subdivision, which will -- extension will go to December 10th, 2006. Rountree: Second. De Weerd: Okay. Motion to approve Item 18. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 19: Public Hearing: Conveyance of Real Property to Ada County Highway District for Right -of -Way at Meridian Settlers Park, 3401 N. Meridian Road, at Meridian and Ustick Roads: De Weerd: Okay. Item 19 is a Public Hearing on conveyance of real property to Ada County Highway District for a right of way. Who is doing this, Mr. Nary? Nary: Madam Mayor, Members of the Council, I guess no one's here particularly. This property is the property along the Settler's Park. I think you had a presentation awhile back from Mr. Strong. I think this is just the finalization of that. That's why the ordinance is there in front of you and the Public Hearing part that's required by statute. I think there is -- I think it's just waiting for -- there is a purchase and sale agreement that's attached to this ordinance that if it's all approved, then, the transfer of the property and the deed and the money can all occur. I think it's 3,000 dollars, is my recollection of the amount, in regards to this particular property. I think the improvements that were required to be done in conjunction with that payment have already been done, because they were done at the time and some other road work by the Ada County Highway District. And so the improvements along the park have been accomplished, so this is just a final stage that needs to be done. De Weerd: Okay. Nary: So, no one's here but me, I guess. n u Meridian City Council December 6, 2005 Page 19 of 32 De Weerd: Well, you filled in very nicely. Okay. Council, is there -- are there any questions or further information needed? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Just curious what the action is, just continuing the conveyance process -- Nary: Madam Mayor, Members of the Council, Councilmember Rountree, because this is a Public Hearing, I guess there would be opportunity, if there is anyone here to comment on it. If there isn't, you could close the Public Hearing and, then, move to approve the ordinance would, then, be the next action you would take, because the ordinance has the transfer and the directions to do the purchase and sale. De Weerd: Mr. Wardle. Wardle: Madam Mayor, the clerk reminds me that this was set in motion by a resolution for the Council to bring forward an ordinance. De Weerd: Okay. It is a Public Hearing. public testimony on this item? Gary? Okay. close the Public Hearing. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Is there anyone who would like to provide Okay. I would entertain a motion, then, to Rountree: I move that we close the Public Hearing for Item No. 19. Bird: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 20: Ordinance No. 0: Conveyance of Real Property to Ada County Highway District for Right -of -Way at Meridian Settlers Park, 3401 N. Meridian Road, at Meridian and Ustick Roads: De Weerd: Okay. Any discussion? Rountree: I have none. De Weerd: Do I have a motion? • 0 Meridian City Council December 6, 2005 Page 20 of 32 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the ordinance for Item No. 20, 05-1203, for conveyance of real property. Wardle: Second. De Weerd: Do we need to read it by title? Nary: Madam Mayor, yes, as an ordinance. It does have provisions to waive the reading rules -- are contained within that, so, yes, you can go ahead and read the title only. De Weerd: Okay. Mr. Berg, will you, please, read -- Rountree: Approve upon reading title. De Weerd: Okay. I would ask for the vote after the reading of the title. Mr. Berg. Berg: Thank you. Madam Mayor, Members of the Council, Ordinance 05-1203, an ordinance authorizing the conveyance to the Ada County Highway District for a right of way proposed in certain real property located adjacent to Settlers Park at Ustick and Meridian Roads, in the City of Meridian, authorizing the Mayor and City Clerk to execute and attest on behalf of the City of Meridian the sale agreement and deed and other documents necessary to complete the transaction, providing for waiving 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 do have a motion on the floor to approve Ordinance No. 05-1203 and a second. Is there any discussion? Okay. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 21: Public Hearing: AZ 05-047 Request for Annexation and Zoning of 13.556 acres from RUT to R-8 zone for Milford Creek Subdivision No. 2 by M&H Development, LLC — south of East McMillan Road and west of North Eagle Road: Item 22: Public Hearing: PP 05-050 Request for Preliminary Plat approval of 48 building lots and 7 other lots in a proposed R-8 zone for Milford Creek 4) Meridian City Council December 6, 2005 Page 21 of 32 Subdivision No. 2 by M&H Development, LLC — south of East McMillan Road and west of North Eagle Road: De Weerd: Thank you, Mr. Berg. Items 20 and 21 is Public Hearing AZ 05-047 and PP 05-050. Items 21 and 22. 1 will open the Public Hearing with staff comments. Siddoway: Thank you, Madam Mayor, Members of the Council. This is an application for Milford Creek Subdivision. It is located south of McMillan Road and west of Eagle Road, in the property that is outlined. You can actually see it pretty well on this aerial photo. You can see its relation to the approved project to the east. The property to the -- I'm sorry. To the west. The property to the east is actually in the City of Boise and is being developed as Milford Creek No. 1 in the city of Boise. Thus, the name of this one is Milford Creek No. 2. It is -- they are requesting approval of 48 -single family residential building lots and seven other common lots in a proposed R-8 district. You can see the plat here. The gross residential density is 3.54 dwelling units per acre. The Planning and Zoning Commission recommendation -- the Commission heard the item on November 3rd, 2005, and at that Public Hearing they moved to recommend an approval to the Council. Testifying in favor of the application was Becky McKay. No one testified in opposition and no one commented. The key issues of discussion during the hearing were the open spaces that exist in the center here. You can see the layout of lots around a ring road. There is one lot that sticks into the open space right here. They also talked about the design of the trail spur which leads up into the northwest corner, which does connect into the pathway system that continues on to Settlers Bridge. There is a public street at the south of the property here and, let's see, I thought I had one other -- there is a road that will be connecting through -- through a Boise project that punches a road here in alignment with Wainwright and there is an existing street that exists in this location, just at the property's south boundary. The Planning and Zoning Commission made some minor edits, but nothing of significance. We have no additional outstanding issues at this time and would stand for any questions. De Weerd: Council, any questions for staff? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Steve, if you would go back to the aerial. What's the area to the northeast? Is that zoned R-8 in Boise? Siddoway: To the north and east -- I forget the name of the subdivision. I believe it's zoned R1 -- Madison Park? It is zoned R1 B in the city of Boise. De Weerd: Which means? Siddoway: I'm not exactly sure. Meridian City Council December 6, 2005 Page 22 of 32 De Weerd: We will ask the applicant. Rountree: Ask the applicant. De Weerd: Any other questions at this point for staff? 0 Rountree: And the remainder of the vacant land to the east that's in Boise, what's the zoning? Siddoway: Of the property to the east did you say? Rountree: Yes. Siddoway: One second. A combination of R1A in the majority of the property and, then, there is a piece here that says NOD and -- Nary: Design review. Madam Mayor? De Weerd: Mr. Nary. Nary: That would be -- that designation would be a neighborhood office with design review. Probably because it's adjacent to Eagle Road. Rountree: Okay. Thank you. De Weerd: Okay. Thank you, Mr. Nary. Do you know what R1 -- whatever means? Nary: I might in a minute. I'm just looking it up for you right now. De Weerd: Okay. Would the applicant like to come forward? Please state your name and address for the record. Stiles: Sheri Stiles with Engineering Solutions. 150 East Aikens in Eagle, Idaho. De Weerd: Thank you. Stiles: Thank you. Thanks, Steve, for that report. To answer your questions on the surrounding land use, the -- I will give this to Will. This will probably give you a better overall view showing the connections to -- it's Zebulon Heights that is here. Madison Park that -- Becky also designed that subdivision. It was a -- I believe the minimum lot square footage is 6,500 or 6,000. One of the two. And the density of that is equal to this. It's about three and a half units per acre. What has been approved to the east is a mixed use project in Boise city that has some office use and residential use. The units in that development or the lot square footages I believe go down to about 5,000 square feet. Meridian City Council December 6, 2005 Page 23 of 32 De Weerd: Sheri, you want to give to that Steve. Can you put that on up on the -- Stiles: There is a nursery -- there is a nursery that exits currently right here. This property we have developed in Boise city. It is an office development. This is where there will be a signal. It's at the half mile mark on Eagle Road. Ada County Highway District has negotiated additional right of way to connect from that Wainwright collector to the south to allow access. I'm not sure if it's going to allow access to Winston Moore's property, but I guess that was part of the thought process there. De Weerd: It better. Stiles: We have made some modifications at the request of staff to add -- as far as the pathway, to add another common area here and have it detached where it will go back through Zebulon Heights for the North Slough pathway. I think Becky has done a very good job with surrounding it -- I mean with fitting this in with basically everything else around it already approved for development. Wainwright will be a collector through here. Also, we had changed that. This driveway here will be shared. There is an existing home right here and because that was requested to be a collector all the way through there, the applicant has agreed to have a shared driveway with a turn around that will be shared between those two lots to minimize the accesses to that collector. And it will -- basically, it won't interfere with the new right of way going to the south. So, on the extreme east -- northeast boundary of the city's area of impact and we ask for your approval tonight and I will stand for any questions you may have. De Weerd: Mr. Rountree. Rountree: Madam Mayor. Sheri, could you give me the pointer? Maybe one of these guys here has one. They won't let me have one. De Weerd: No. They don't give me one either. Rountree: Has nothing to do with your subdivision, but your company designed it. What's going on here? I assume that's a pathway. And, then, you're taking about a pathway here. Stiles: Yes. Rountree: That ties into it? So, is this part of the pathway as well? Stiles: That's in Boise city. The fact that the slough exists there, I guess, can make it part of the pathway, but -- De Weerd: Now you see why we only give one pointer. Rountree: It's a good thing they are not light sabers, we'd be in trouble. So, the development will connect -- and this is pathway; correct? Meridian City Council December 6, 2005 Page 24 of 32 Stiles: Yes. Rountree: And it will connect here? Stiles: Yes. Rountree: Okay. Then it comes through this development? Stiles: Yes. And it will be modified slightly from what was initially shown. At the request of staff we kind of turned it more this way. I think initially it showed it coming down there and we just kind of oriented back towards where it would be going to the collector road. Rountree: Okay. Thank you. De Weerd: Can you tell me what the goal is for that open space? Stiles: There are -- well, there will be a pathway that goes all the way from -- through it. There is some playground equipment planned. I need to find my landscape plan here. It's showing the playground with -- De Weerd: I'm sorry. Sheri, can you put it on the -- yeah. You can use the mike or the pointer. Whichever feels better. Stiles: Can everybody see it? You don't have an eight and a half by 11? It is showing playground equipment here. The open space in this development does equal 12.06 percent of the project. And the open space is 1.886 acres. So, it's a small project. The whole -- the total acreage is only 13 and a half acres and -- De Weerd: Yeah. I like that one better. Sheri, can you also address in the open space that little lot that is in the north end? Stiles: This one? De Weerd: Uh-huh. What is that? Stiles: It's another lot. De Weerd: And what is the width of that? Stiles: Oh -- De Weerd: Is that why it's an R-8? Meridian City Council December 6, 2005 Page 25 of 32 Stiles: It is 62 feet wide. It's a 6,757 square foot lot. The smallest lot size in this development is 6,210 square feet. The largest large 14,637. And the average lot size for the entire development is 8,261.88. This is not a planned development. We are requesting just compliance with the R-8 zone. It's surrounded by zones that are compatible -- I mean that's virtually the same density and -- De Weerd: What kind of housing stock is going on there? Stiles: It's market driven. I don't know. They are single family homes. Maybe your home. De Weerd: I don't think it would really fit on that. Council, any other questions? Bird: I just want a clarification. In my staff report site address and location is shown in the northeast corner of Amity Road and Locust Grove Road. I don't believe that's where this is, am I not right? Stiles: No. Bird: I just want -- I just want that clear for the record. Stiles: That's good. Thank you. Bird: Hope the people out there weren't notified on this project. De Weerd: Okay. Any other questions from Council? Thank you. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Just to answer your earlier question, in the Boise city code, RIB zoning has a -- they are 9,000 square foot lots, which I think is the property north, which is Madison Park, a compatible one. The property to the east -- I think Mr. Siddoway said it was R1A. According to the Boise city code it's 20,000 square foot lots, which I assume is why they have large ones at the moment, but I don't know if there is anything built on that. If it's still R1 A. I mean it could have changed since that map was prepared, so -- Stiles: I don't know if it's been rezoned, but it has -- the lots there are about 5,000 square feet that abut this property. Nary: Yeah. So, the R1A designation may have been an existing zone, it may have been rezoned since then. But that's just what R1A indicates in their city code. De Weerd: Okay. Meridian City Council 0 December 6, 2005 Page 26 of 32 Siddoway: Madam Mayor -- and I would concur. I believe that the R1A was the zone that was on it prior to its recent redevelopment as Milford Creek Sub No. 1. It would have been rezoned with that subdivision and the maps we have just don't reflect that change yet. De Weerd: Okay. Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Staff, any further comments? Siddoway: No, ma'am. Thank you. De Weerd: Chief, any concerns with the open space and the visibility in? Musser: Madam Mayor, Members of the Council, at this time I don't have enough information to give any other thoughts on this. It looks like a pretty straight forward plan at this point. The one lot might be a little thin and long, depending on how the driveway goes in, but it's adjacent to a common area, so fencing issues would have to apply there that we typically have on the open lot areas. De Weerd: I guess I was more -- my question was more in regards to that pathway and looking from one end to the other for safety issues. If that has enough of a straight shot that you can get a clear view into that open area. Musser: Well, Madam Mayor, hopefully, as we start connecting them and having people using the pathways and we see them more common, we will have increased patrolling in the form of bicycles or even potentially our motorcycles if they are wide enough to allow the access in there. And what we are going to be dealing with is this one kind of comes into mid -- mid location there and hooks up in with what appears to be Settlers Bridge, so we are going to have some long spans that are starting to show up now as we start to interconnect these different subdivisions. That's just going to become a matter of patrolling them over time. Hopefully, with the open access on both sides with the residents, that we get that guardian presence there through our fencing application as we move forward. De Weerd: Thank you. Stiles: Mayor de Weerd, Council, I did want to let you know that we had agreed with staff to round this lot off more to provide a better viewing area there, so it was a little more open. We are just going to tweak it a little bit and round that off there, so that that's something that staff had requested that we had agreed to. De Weerd: And what kind of fencing are you using along the open space? Stiles: Meeting city ordinance. I don't think he showed it on here, but it's what the max is. Four feet. With the alternating pickets. Is that right, Steve? Or three feet solid. Meridian City Council • December 6, 2005 Page 27 of 32 Siddoway: That's what the -- requirement along the micro -path is four foot solid maximum. You may have agreed to the micro -path is fencing standard around the open space for visibility. I'm trying to check the findings from Planning and Zoning right now. Stiles: I believe they just were anticipating to comply with city ordinance. Bird: That's what Planning said. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: For clarification and for the record, the lot you're referring to is it Lot 16, Block 3? Stiles: Mayor de Weerd, Councilman Rountree, yes, I believe that is 16, Block 3. Rountree: Thank you. De Weerd: Okay. Any other questions from Council? Bird: I have none. De Weerd: Thank you, Sheri. We just haven't had you stand in front of us for so long they had to give you a hard time. Okay. If there is no further testimony -- or, yes, Steve. Siddoway: Madam Mayor, I find in the recommendation or findings that the applicant is proposing to construct a six foot tall solid fence around the perimeter and four feet open fencing along common areas. So, it's a four foot open fencing around that common area. De Weerd: Okay. Council, any further information needed? Bird: I have none, Mayor. De Weerd: Okay. Any further comment from the applicant? Okay. Thank you. Okay. I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearings on Items 21 and 22, PP 05-050 and AZ 05- 047. Meridian City Council December 6, 2005 Page 28 of 32 Donnell: Second. De Weerd: Okay. Motion to close the Public Hearing on Items 21 and 22. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 21, AZ 05-047 and to approve Findings. Donnell: Second. De Weerd: Okay. The motion is approve Item 21. Is there any discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 22. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 22, PP 05-050, to include applicant's specific comments for the record and to approve the Findings. Donnell: Second. De Weerd: Okay. Motion to approve Item 22. If there is no further discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. And do we have a notation on the change of that plat, so -- did we get a new plat on that? Siddoway: I do not know of a new plat received. You're talking about with the corner -- Meridian City Council December 6, 2005 Page 29 of 32 De Weerd: Uh-huh. Siddoway: -- rounded off? I haven't seen one. De Weerd: Okay. So just for the record to -- Siddoway: To include the grounding of that lot. De Weerd: Yes. Siddoway: Yes. Item 23: Ordinance No. 05-1204 AZ 05-036 Request for Annexation and Zoning of 10.30 acres from RUT to a R-8 zone for Larkspur Subdivision No. 2 by Larkspur LLC — 200 and 205 East Rosalyn Court: Item 24: Ordinance No. 05-1205 RZ 05-008 Request for a Rezone of 2.61 acres from R-4 to C -G zone for Walgreens by Hawkins Companies — 3150 West Cherry Lane: Item 25: Ordinance No. 05-1206 AZ 05-023 Annexation and Zoning of 39.47 acres from RUT/C2 (Ada County) to C -N zone by Cherry Lane Christian Church — 2511 W. Cherry Lane: De Weerd: Thank you. Okay. Item 23 is ordinance number 05-1204. Mr. Berg -- well, ordinance 24 is 05-1205, and 25 is 05-1206. Mr. Berg, will you, please, read these three ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1204, an ordinance for annexation of property located on Lots 3 and 4 Edmonds Subdivision, Book 33, page 2050, within Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said land from RUT to R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance No. 05-1205, an ordinance finding that Idaho Conference of Seventh Day Adventists, Inc., the owner of certain lands in a certain real property, has made a request for a rezone of the zoning classification for real property located in the southwest quarter of the southwest quarter of Section 2, Township 3 North, Range 1 West, Meridian, Ada County, Idaho, and described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the Meridian City Council • December 6, 2005 Page 30 of 32 corporate limits of the City of Meridian and rezoning the land use zoning classification of said land from R-4 to C -G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance No. 05-1206, an ordinance for annexation of property located on a portion of the southeast corner of Section 10, Township 3 North, Range 1 west, Boise, Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said land from RUT to C -N, in the Meridian City Code, providing that copies of the ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you. You have all heard those exciting ordinances read by title. Is there anyone who would like hear them read in their entirety? Because they are just as exciting. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 05-1204, 05-1205, and Ordinance 05-1206, with suspension of rules. Donnell: Second. De Weerd: Okay. The motion is to approve Items 23 through 25. Rountree: Discussion? De Weerd: Yes, Mr. Rountree. Rountree: Madam Mayor, I just have to make a statement on Item 24. And I will take you back to the application and hearing on that. I still find the Walgreen's stores in that area designed and architecturally displayed as they do on every other corner in commercial sites an architectural blight to that particular neighborhood. I cannot, in good faith, vote for that ordinance. And the reason I'm making a statement, I just recently read a very interesting article statement on these chain stores and the fact that they do have an architecture. And it is the most economical for them to develop. But they also have Plan B, they have Plan C, and they plan D that if they want a store, they will utilize to be consistent with the environment in which they are putting the store. Meridian City Council December 6, 2005 Page 31 of 32 With the number Walgreen's on every corner, at some point in time when this establishment can no longer support three pharmacies within a half a block of one another, the conversion of this rather boxy over and out of scale building to some other use at that location won't happen. So, for the record -- and my opinion still stands. That if we were -- are going to approve these things in residential areas, they need to be consistent with their residential areas, similar to what we made St. Luke's do on the opposite corner from this location. Excuse me. St. Alphonsus. De Weerd: Here here. I agreed with you that night. I still do. So, Mr. Berg, I would ask, then, that you roll call on them by item. Berg: Thank you, Madam Mayor, Members of the Council. Roll call vote for Item 23. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Berg: Roll call vote on Item 24. Roll -Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. Berg: Roll call vote on Item 25. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 26: Executive Session per Idaho State Code 67-2345 (1) (c) & (f): De Weerd: Thank you, Mr. Berg. Item 26 is Executive Session per Idaho State Code 67-2345(1)(c) and (f). I would entertain a motion to adjourn into Executive Session. Council? Rountree: Madam Mayor, I move that we adjourn to Executive Session per state code 67-2345(1)(c) and (f). Bird: Second. De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. Meridian City Council December 6, 2005 Page 32 of 32 MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Item 27: Tabled from November 15, 2005: Ordinance No. Transferring City Parking Lot to the Meridian Development Corporation: MEETING ADJOURNED AT 9:18 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) J-A,aw^ GrJ d.Ce Ca% (��.Yr►a.G /oresi ATTESTED: WILLIAM G lZ�2o � OS DATE APPROVED,,%" BERG A, CITY IRK �® T tel . `qe� 9 • December 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT ITEM NO. 5-A REQUEST Approve minutes from November 9, 2005 City Council Regular Meeting: AGENCY COMMENTS CITY CLERK: Refer to Meeting Minutes 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 2, 2005 FPM 05-001 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Roger Michener and Lawrence Ross ITEM NO. 5-B REQUEST Findings: Request to remove Final Plat condition to construct six foot fence inside Nampa Meridian Irrigation District easement for Southern Springs Subdivision No. 2 - southeast corner of Meridian Road and Overland 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 5tt L-Lj+achxk Contacted: � )ad KLfg Q. Date: c� ',.� Phone: o Emailed: dig y dt0 hC, i!pm Staff Initials: M -- Materials presented at public meetings shall become property of the City of Meridian. 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • x, 'C x4 C41 i �-�%, r76' ��� , I I ).'SHO In the Matter of a Final Plat Modification to Remove a Final Plat Condition to Construct a Sig -Foot Fence Inside Nampa Meridian Irrigation District Easement for Southern Springs No.2 Subdivision Case No(s). FPM -05-001 For the City Council Hearing Date of: November 15, 2005 A. Findings of Fact 1. Hearing Facts: a. A notice of a public hearing was published on October 2e and November 7a', 2005 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 matter was duly considered by the City Council at the November 15, 2005 public hearing. 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 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, as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the City Clerk. 3. Property Facts (see attached Staff Report for the hearing date of 11-15-05 incorporated by reference) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). FPM -05-001 - PAGE 1 of 4 • B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 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 in the application for the hearing date of 11-15-05 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 original Final Plat application, approved on 1/25/05, is hereby approved to be modified, as noted in the staff report for the hearing date of 11/15/05; and, 2. The following modifications to site specific conditions were made at the City Council hearing: a. The applicant's original request to remove the condition to construct a six-foot fence is not approved. The City Council agrees with the alternative arrangement made between the developer and the adjacent neighborhood association. A minimum six-foot CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). FPM -05-001 - PAGE 2 of 4 vinyl fence shall be constructed along the western easement line of the Ten Mile Creek. The fence must include two locked gates for emergency fire access to the creek. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of 11-15-05. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). FPM -05-001 - PAGE 3 of 4 0 11 By action of the City Council at its regular meeting held on the day of 2005. COUNCIL MEMBER SHAUN WARDLE VOTED � COUNCIL MEMBER CHRISTINE DONNELL VOTED_#� COUNCIL MEMBER CHARLIE ROUNTREE VOTED ° COUNCIL MEMBER KEITH BIRD VOTED_bk�, MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: illiam G. Berg, Jr., -w YOeveee --Vyor a Weerd OF Ef t • s UL Copy served upon Applicant, The Plant eP,u�lic Works Department and City Attorney. By: Dated: 12 l � City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). FPM -05-001 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 11/15/2005 MEMORANDUM: [AMENDED FOR FINDINGS] City Council Hearing Date: November 15, 2005 CITY ®F -. . Transmittal Date: November 9, 2005 4eridi To: Mayor and City Council y IDAHO From: Brad Hawkins -Clark, Principal City Planner fit��R �TR��Lv�� Subject: Final Plat Modification Application — Request to Remove Final Plat Condition to Construct a Six -Foot Fence Inside Nampa Meridian Irrigation District Easement for Southern Springs No. 2 Subdivision (File No. FPM - 05 -001) APPLICATION SUMMARY. LOCATION & BACKGROUND The applicants, Roger Michener and Lawrence Ross, have submitted a Final Plat Modification Application (FPM) to remove condition H.3 (page 14) from the conditions of approval for the subdivision. The condition requires a six-foot vinyl fence between the Southern Springs No. 2 commercial project and Running Brook Estates Subdivision (residential). The subdivision infrastructure, including the 12 -foot wide public pathway, has been installed, although the plat has not yet recorded with Ada County nor have any building permits been issued. The subdivision is located at the southeast corner of Overland Road and Meridian Road/SH-69. The fence condition was required as part of the Preliminary Plat for Southern Springs Subdivision (File #PP -03-016), approved by City Council on 9/9/03. The Final Plat (File #FP - 04 -082) was approved by City Council on 1/25/05 and includes the preliminary plat condition to construct the fence. The fence is required on the west side of Ten Mile Creek along the subdivision's east property line. This was a matter of substantial discussion at the public hearing for File PP -03-016. (See Exhibit A for a copy of the Conditions of Approval.) The original application did not propose any fence west of the Ten Mile Drain. They proposed a small berm with shrubs on the west side of the pathway to provide screening for the residents in Running Brook Estates. The fence was made a condition of approval in large part because the residents felt the berm and shrubs would not offer them adequate screening. They also did not want users of the pathway to have visibility into their back yards. Therefore, the City Council required the fence to be constructed on the east side of the pathway, which is within the Nampa Meridian Irrigation District (NMID) easement for Ten Mile Creek. On September 21, 2005, I received a letter from Daren Coon, Secretary/Treasurer for NMID, regarding the fence. (See Exhibit B.) NMID's Board of Directors denied Southern Springs Subdivision their request to construct the fence within the irrigation easement. The reason for denial was that Meridian's Master Pathway Agreement prohibits fences in their easements. The City Attorney's Office reviewed our Master Agreement and concur that this is accurate. FPM -05-001 / Southem Spgs 2 Fence CITY OF MERIDIAN PLANNING INARTMENT STAFF REPORT FOR THE HEARING DATE OF 11/15/2005 So, the applicant is now in a situation where the City is requiring a fence within NMID's easement but NMID will not allow the fence, in large part because of the Master Pathway Agreement that governs public pathways along their facilities. (Note: Even without citing the Master Pathway Agreement as the reason, it is unlikely the fence would be allowed within their easement.) On October 26a', the applicants held a neighborhood meeting to discuss the situation. All neighbors within 300 feet of the subdivision were invited. After that meeting, staff was told by the applicant's representative, David Koga (The Land Group), that those residents attending the meeting agreed to a relocation of the 6 -foot vinyl fence from the east side of the pathway to the west side of the pathway. This would place the fence outside NMID's easement and avoid the need to obtain NMID's approval. Staff has not had any contact from nor attempted to contact any of the residents since the neighborhood meeting to confirm their position. If there is consensus between the applicants and the Running Brook homeowners to simply relocate the fence, the request to remove the requirement for a fence is no longer necessary. However, staff has identified a couple of other changes that would need to be made to the conditions of approval (see "Staff Analysis" below). OWNER OF RECORD The owner of record for the subject property is Southern Springs, LLC, Boise, Idaho. STAFF ANALYSIS AND RECOMMENDATION If a 6 -foot solid fence is constructed on the western easement line of Ten Mile Creek, it would appear to solve the main point of disagreement between the residents and the applicants. It would provide a solid screen between the residential lots and the commercial uses and does not conflict with NMID's policy of prohibiting fences in their easement. After reviewing the facts and the evidence submitted at the 11-15-05 public hearing, the City Council agreed to the following: The applicant's original request to remove the condition to construct a six-foot fence is not W roved. The City Council agrees with the alternative arrangement made between the developer and the adjacent neighborhood association. A minimum six-foot vinyl fence shall be constructed along the western easement line of the Ten Mile Creek. The fence must include two locked gates for emergency fire access to the creek. Condition H.3 is approved to be re -worded as follows: "H.3 The Applicant shall be required to construct a minimum six foot vinyl fence along the easteFa property Hne alon the western easement of the Ten Mile Creek, beginning approximately 450 feet south of the Overland Road right-of-way lines. Said fence shall arovide two gates to allow for emergency fire access to the Ten Mile Creek." FPM -05-001 / Southern Spgs 2 Fence CITY OF MERIDIAN PLANNING DOARTMENT STAFF REPORT FOR THE HEARING DATE OF 11/15/2005 Letter from Darrell and Linda Tomlinson The Tomlinson's are one of the property owners immediately east of the development. The City Council was copied with an October 20, 2005 letter they sent to the applicants. One of the points in that letter is that they interpret condition H.2 of the Preliminary Plat Findings to be requiring both a 10 -foot wide pathway and a 20 -foot wide sewer access for the Public Works Department. This would result in a 30 -foot wide separation. However, the intent of this condition is to overlay the two functions, not have them side-by-side. The Public Works Department and Parks Department are agreeable to a shared, all-weather hard surface and neither department requires two different facilities. While the condition may need to be re -worded for clarity, we do not believe this should be imposed as a new condition. ATTACHMENTS • Exhibit A - Original Conditions of Approval • Exhibit B - NMID letter • Exhibit C - Approved Final Plat (Southern Springs No. 2) FPM -05-001 / Southern Spgs 2 Fence CITY OF MERIDIAN PLANNING ARTMENT STAFF REPORT FOR THE HEARI DATE OF 11/15/2005 EXHIBIT A - Southern Springs No. 2 Conditions of Approval (File #PP -03-016) FPM -05-001 Exhibit A page 1 CITY OF MERIDIAN PLANNING ARTMENT STAFF REPORT FOR THE HEARIIaTi DATE OF 11/15/2005 Developer -Owner, The Land Group, Inc. - Engineer", The Land Group, Inc., Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as amended by the Commission as follows: PRELIMINARY PLAT SITE SPECIFIC COMMENTS I . Sanitary sewer service to this site will be from main line extensions of the Ten Mile Trunk adjacent to the east of the project. The applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the public Works Department. Sewer mains will not be allowed within landscape areas, beneath landscape islands, and manholes will not be allowed in parking and loading areas. 2• Water service to this site will be from main line extensions from existing water mains in Meridian Road The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. q. 3. Sidewalks shall be detached along Meridian Road/SH 69 and a minimum 5 - foot -wide landscaped parkway shall be installed between the edge of pavement and sidewalk in accordance with MCC 12-13-10-8. 4. Approval of Southern Springs Subdivision application does not imply approval of the buildings, uses, parking or other development features shown on the face of the preliminary plat. Each individual lot will require a Certificate ofZoning Compliance be obtained prior to submittal ofbuildng permit applications. 5. MCC 12-13-10-4 requires a minimum 25 -foot wide street buffer along Overland Road and a minimum 35 -foot wide buffer along Meridian Road/SH 69. All required buffers shall be located beyond any right-of-way. If the ITD intersection and road widening project on Meridian Road/SH 69 requires additional right-of- way, the Applicant may qualify for a buffer width reduction under MCC 12-13-10-5. If a reduction is desired, submit a written request to the Zoning Administrator with evidence of the need, for reduction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PAGE 6 OF 16 FPM -05-001 Exhibit A page 2 CITY OF MERIDIAN PLANNING APARTMENT STAFF REPORT FOR THE HEARIODATE OF 11/15/2005 6. On or new the western easement line of the 50 -foot NMID easement, beginning approximately 450 feet south of the Overland Road right-of-way, /L Applicant shall construct a 25 -foot wide landscape buffer and/or other screening as approved by the City. Said screening shall not obstruct visibility of the pathway from within the development and shall be placed east of all commercial uses. If NMID requires a written agreement for landscaping or fencing within their easement, Applicant shall submit said agreement with the final plat application. A blanket, vehicular cross access easement shall be provided for all lots thm the subdivision. Said easement shall be shown as a note on the final plat. & A vehicular cross access easbment agreement shall be entered into with the Bengson parcel to the south to provide for a firture connection to E. Calderwood Dr. Submit said agreement prior to City signature on the final plat. 9. All perimeter lots along E. Overland Road are subject to a minimum 25 -foot wide landscape easement. This street buffer shall be designed in accordance with MCC 12-13-10. The Southern Springs Business Association shall maintain said easement and all common area lots within the subdivision. 10. The preliminary landscape plan (Sheet PL -1, dated 5/30/03 by The Land Group) is approved. If die landscape buffer widths must be reduced due to roadway expansion, Applicant shall re -submit a revised landscape plan to the Planning & V/ Zoning Department for review prior to City Council approval of the preliminary plat. (Per the City Council meeting held on September 9, 2003, a revised Lands Plan has not been submitted by the Applicant, as the Applicant is still negotiating and waiting on the Idaho Transportation Department's comments on the redesign of the intersection of Overland Road and Meridian Road.) 11. Any tree over 4" in caliper that is removed from the property shall be ✓ rept by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. A detailed fencing and landscape plan, in compliance with MCC 12-13, shall be submitted with the final plat application. 13. Applicant has indicated that the Nampa & Meridian Irrigation District will own and maintain the pressurized irrigation system within this development. The applicant shall be required to provide a backup source to the pressurized irrigation system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER O W I OF PRELIMINARY PLAT WVRMI— PAGE 7 OF 16 FPM -05-001 Exhibit A page 3 CITY OF MERIDIAN PLANNING DVARTMENT STAFF REPORT FOR THE HEARING DATE OF 11/15/2005 H. Adopt the action of the City Council taken at their September 9, 2003 meeting as follows: For clarification: 1. If the parcel abutting the south property line is a residential use at the time r j of development of Lots 8 and 9, a 25 foot buffer shall be constructed on said lots adjacent to the south boundary. 2. The Applicant shall construct a minimum ten -foot -wide, hard surfaced pedestrian pathway system from Overland Road to the southern boundary of the property for use as public pedestrian access. A permanent pedestrian easement, in favor of the City of Meridian shall be recorded for said pathway. The existing 20 -foot sewer easement adjacent to Ten Mile Creek shall also be improved for access to Public Works Department standards. Additionally, the Applicant shall meet with the Planning and Zoning Department to determine the width, location, and adequacy of the pathway along a predominately eastern section of the property from the northern boundary to the southern boundary of the property- 3. mperty3. The Applicant shall be required to construct a minimum six foot vinyl fence along the eastern property line along the western easement of Ten Mile Creek, beginning approximately 450 feet south of the Overland Road right-of-way line. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAEINGS 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO.8 / (PP -03-021) PAGE 14 OF 16 FPM -05-001 Exhibit A page 4 CITY OF MERIDIAN PLANNING ARTMENT STAFF REPORT FOR THE HEARIODATE OF 11/15/2005 EXHIBIT B - Nampa Meridian Irrigation District Letter (See next 2 pages) FPM -05-001 Exhibit C page 1 CITY OF MERIDIAN PLANNING DORTMENT STAFF REPORT FOR THE HEARIODATE OF 11/15/2005 �'2�r.� d� 7? %u;gartcact ?�u�t►uet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Plwnce Area Code 208 OFFICE myc 466-7861 21 September 2005SHOP NNm4663 Po Brad Hawkins -Clark City of Merid)an Planning & Zbning 660 E. Watertbwer Suite 202 Meridian, ID $3642 RE: Southern Springs Subdivision -Ten Mile Drain -Fence Dear Mr. Hawkins -Clark: It has recently, come to the attention of the Board of Directors of Nampa & Meridian Irrigation District the City of Meridian has imposed a requirement on the developer of Southern Springs Subdivision to install a fence along the Ten -Mile Drain as part of the Southern Springs development. After making diligent review of the requirement of the fence by the City of Meridian, the Board concurred the'',Eence is not permissible because it inordinately interferes with the Irrigation District's proper and necessary operation and maintenance of the Ten -Mile Drain. Furthermore, the fence would not be permissive within the master license agreement that is in place between the City of Meridian and Nampa & Meridian Irrigation District. The fence is an obstruction to the Irrigation )district, and the Board found the action on the part of the City of Meridian was inappropriate liven the previous. ly stated conditiorw. The Board concurred the stipulation for requirement of fencing for Southern Springs Subdivision be removed from the building requirement since the fence is not permissible by the District. AF ROXI ATE IRRIGAPIE ACRES RIVER FLOW R1G}95 23.iM BOISE KO)ECP RrIHTS 40"W1 FPM -05-001 Exhibit C page 2 CITY OF MERIDIAN PLANNING ARTMENT STAFF REPORT FOR THE HEARIODATE OF 11/15/2005 Page 2 Of 2 21 September 2005 City of Meridian Should you have any questions concerning this subject. please refer to the master agreement between Nampa & Meridian Irrigation District and the City of Meridian and further reference the lack of existence of any sub agreement allowing the construction of a pathway or a fence along Nampa & Meridian Irrigation District's Ten Mile Drain, You may also contact me at the office number listed above for further discussion or additional information. Sincerely, Len R. Coon, Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/jas Pc: File Board of Directors Water Superintendent Attomey—Farris FPM -05-001 Exhibit C page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIODATE OF 11/15/2005 EXHIBIT C - Approved Final Plat (Southern Springs No. 2) FPM -05-001 Exhibit C page 1 • December 2, 2005 MERIDIAN CITY COUNCIL MEETING • December 6, 2005 APPLICANT Farmers & Merchants State Bank CUP 05-040 ITEM NO. 5-C REQUEST 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: COMMENTS See previous Item Packets / Minutes 5t,6 a*u4k n 1P OTHER: Contacted: Cr!?�g �� CU hj Date: J C Phone: L/3 3� Emailed: rUq _51 6pAk91n, (,.5146?4 • C DM Staff Initials: q/N;& "teria Is presented at public meetings shall become property of the City of Meridian. --, ; vC-05 IR6'I�LLfa�; 1� CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 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 0 0 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, 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 11 • 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 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 September 27, 2005 y action of the City Council at its regular meeting held on the b day of / , 2005. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED�� COUNCIL MEMBER CHARLIE ROUNTREE VOTED �� COUNCIL MEMBER KEITH BIRD VOTED6*A-- MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayo eerd CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -05-040 - PAGE 3 of 4 • Attest: a'i�- William G. Berg, Jr., dty dlerk Copy served upon Applicant, The Attorney. Works Department and City By: S Dated:�� City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -05-040 - PAGE 4 of 4 0 r CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 STAFF REPORT City Council Hearing Hearing Date: 9/27/2005 ' CI 1 L lIk ll TO: Mayor, City Council 1. JAM 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: JI i. In favor: None.` k y i� ii. In opposition: None. iii. Commenting: Mark Stewart, Washington Federal C p 12005 iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: None. - i " ' g- IV � R I O I A y 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. Add 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 CUP -05-040 PAGE 1 • 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 5328 Fairview Ave 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 CUP -05-040 PAGE 2 CITY OF MERIDIAN PLANNINGA ZONING DEPARTMENT STAFF REPORT.QUESTIONS? CALL (208) 884-5533 c. Radius notices mailed to properties within 300 feet on: September 5, 2005 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 £ 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: CUP -05-040 PAGE 3 • 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 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 II, 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 CUP -05-040 PAGE 4 Existing Required 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 II, 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 CUP -05-040 PAGE 4 CITY OF MERIDIAN PLANNINC ZONING DEPARTMENT STAFF REPORT..tSTIONS? CALL (208) 884-5533 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. 1. Si ng aize: 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 0 0 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) A-1 CITY OF MERIDIAN PLANNIN RAND ZONING DEPARTMENT STAFF REPORT.. ESTIONS? CALL (208) 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. B-1 CITY OF MERIDIAN PLANNINOAND ZONING DEPARTMENT STAFF REPORT kSTIONS? CALL (208) 884-5533 C. Legal Description LOTS I 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 1300K I OF PLATS AT PAGE 30, RECORDS OF ADA COUN I)-, IDAHO. AND THE SOUTH 7/2 OF LOTS 12 THROUGH 16 AND ALL OF LOTS 7 THROUGH 11 INCLUSIVE, IN BLOCK 2 OF THE AMLNDED PLAT OF THE ORIGINAL TOWNSI TE OF MERIDIAN, RECORDED IN BOOK 1 AT PAGE 30 RECORDS OF ADA COUNTY, IDAHO. C-1 CITY OF MERIDIAN PLANNI1Vfi AND ZONING DEPARTMENT STAFF REPORT RESTIONS? CALL (208) 884-5533 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; D-1 CITY OF MERIDIAN PLANNINAND ZONING DEPARTMENT STAFF REPORTgIJESTIONS? 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. e December 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 AZ 05-023 APPLICANT Cherry Lane Christian Church ITEM NO. 5-D REQUEST Development Agreement: Annexation and zoning of 39.47 acres from RUT/C2 (Ada County) to C -N zone for Cherry Lane Christian Church — 2511 W. Cherry Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Development Agreement Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ADA COUNTY RECORDERI DAVID NAVARRO AMOUNT .00 40 BOISE IDAH012/15105 PM DEPUTY Vicki Allen g RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIiII�II II III Meridian City 105191.334 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Cherry Lane Christian Church, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into thisay of tqVe,„H 6 el-, 2005, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Cherry Lane Christian Church, hereinafter called "OWNER/DEVELOPER". 1 • RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C -N) Neighborhood Business District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 1 OF 11 0 0 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Properly" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 26'h day of July, 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, "Owner/Developer" has entered into an agreement with "City" with regard to Well #27, set forth in Exhibit C, which is attached hereto and by this reference incorporated here as if set forth in full, hereinafter referred to as "Well #27 Agreement"; and 1.11 WHEREAS, "Owner/Developer" has entered into an agreement with "City " to grant an easement to the "City" for a sewer trunk line, set forth in Exhibit D, which is attached hereto and by this reference incorporated here as if set forth in full, hereinafter referred to as "Sewer Easement Agreement"; and 1.12 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 DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 2 OF 11 • 0 jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 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 Cherry Lane Christian Church, whose address is 2511 W. Cherry Lane, Meridian, ID 83642 the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C -N (Community Business District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (H) which are herein specified as follows: DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 3 OF 11 Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in the C -N zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 05-023 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 April 26, 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 of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application (File No. CUP -04-051). All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: That any new structure(s) shall be generally compatible in appearance and bulk with the surrounding residential properties, as determined by the detailed Planned Development approval as approved through a Conditional Use process. 2. That 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 prior approval. 3. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 4 OF 11 0 r 4. At this time the owner/developer proposes to use the property primarily as a church, including anticipated related support facilities and services as follows: worship facilities, educational facilities, administrative offices, child care facilities, maintenance buildings, caretaker/security residences, recreational facilities/pocket park, religious bookstore, food service. 5. That the applicant agrees to provide cross -access to the parcels to the west and north, prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any future use. 6. The "Owner/Developer" has completed a traffic study which has been accepted by ACRD (Ada County Highway District) and submitted to "City". ACHD Commissioners approved the following entry points to the property: From Ten Mile Road - 130 feet south of the north property line as shared access with the City Meridian for their well site - 150 feet south of the well site for a parking lot for the recreation area - 150 feet south of the parking lot for a drive way to the maintenance area and house - 318 feet north of Franklin Road, just south of Ten Mile Creek From Franklin Road A joint roadway with the Silver Oaks subdivision on the West property line 550 feet west of Ten Mile Road as a minor access 236 feet west of the minor access point for a main entrance 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: DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH PAGE 5 OF 11 "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 6 OF 11 i 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (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". DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 7 OF 11 • 0 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: 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 Cherry Lane Christian Church 2511 W. Cherry Lane 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 DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 8 OF 11 • 0 constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise 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 DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 9 OF 11 i 0 Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Attest: t �//-- / A-2, /, �6 - CITY CLERK /DE By: LARRY W OIDARD on behalf of CHERRY LANE1 CHRISTIAN CHURCH CITY OF MERIDIAN OF o � a ��yva��pg�o�il89 4818884' 01,9 Nllk � 6 kin CLC 12 -b -03 - DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 10 OF 11 0 . STATE OF IDAHO, ) ss: County of Ada, ) On this�2Aay of Ci tk2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Larry Woodard on behalf of Cherry Lane Christian Church, known or identified to me to be the authorized representative of Cherry Lane Christian Church, 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 axed my official seal the day and year in this certificate first above written. STATE OF IDAHO ) ss County of Ada ) Lu alkL� ' otary Public or Idaho Residing at: My Commission Expires: -4 ,)- .3 -�b On this day of ' 6t� , 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) � �.J10`A ..��•, •r� it Sh'V F e Notary Public for Idaho / Residing at: me- 16" " �G7 D-41Commissionexpires: DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE I 1 OF 11 s Chem Lane Christian Church Annexation AZ -05-023 Legal Description ANNEXATION LEGAL A Parcel of land being Parcel B as shown on Record of Survey No. 5576 for Graye Wolfe, and located In a portion of the SE1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows; BEGINNING at a 5/8 inch rebar marking the SE corner of said SEI/4; Thence along the South line of said SE1/4 N89 -40-29-W a distance of 1558.62 feet to a 5/8 Inch rebar from which the SW comer of said t3E1/4 bears N89*40'29"W a distance of 1082.05 feet; Thence leaving said South fine N01 °0810"E a distance of 1118.81 feet to a 6/8 Inch rebar; Thence S88'51150"E a distance of 154s.3o feet to a 5/8 line of said SE1/4; Inch rebar on the East Thence along said East line SI00°2706"W a distance of 1098.83 feet to the POINT OF BEGINNING. Said Parcel contains 39,47 acres more of less and is subject to all existing easements and dght"f-way of record or implied. ppP 11` 'L'' 6'1 YdU OyAin&nac, V. 06- 12-01P C%6352 AMM 1XMU &, r 0 ANNEXATION EXHIBIT .SAI' FOR CHERRY LADE CHRISTIAN CHURC A PORTION OF THE SE 1/4 017 SECTION 10 TOWNSHIP 3 NORTH, RANGE 1 'WEST, BOISE MERIDIAN ADA COUNTY, IDAHO 2005 E1/4 CORNER SEGTiON 10 I BY EW APPR VAIN .� ��- - P UNION PACIFIC RAILROAD P 2 6 2005 0 f` RAILROAD RIGHT OF WAY MERIDIAN PUBLIC f WOr^.KS DEPT. I 1 1� o� 1 � f �� 1 � LEGEND goo SECTION LINE ` a PROPERTY BOUNDARY ,OVAL LA -- 25' WIDE PRESCRIPTIVE ROAD EASEMENT S i -- RNLROAD RIGHT-OF-WAY FOUND BRASS CAP 1FOUND ALUMINUM CAP H 1 1 1335 0� ® FOUND $/8" REBAR • FOUND 12" ROAR W/CAP 1 o�. MARKED 15901 FN R . �- 1 1052.05' W _ 9558.152:___ _ ----1 Q 11 S 1/4 CORNER %i$s'4Q;zg" 2640.67' — — — — _ — — SECTION 10 1-91-4 fb FRANKLIN ROAD ►''G�4,�1�.j12�'.�i, Clem 1�t71, SCALE T "=300' DETAIL FILENAME: PINNA CLE DRAWN BY: C046352_ANNEX_BS.OWG SRL CREATION DATE: Engineers, Inc. CHECKED BY: 04/12/2005 12552 W. Executive Drn3uite B. Boise, Idaho (208) 887-7760 KNS • CITY OF MERIDIAN • FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 39.47 Acres from RUT/C2 (Ada County) to C -N (Neighborhood Commercial), by Cherry Lane Christian Church Case No(s): AZ -05-023 For the City Council Hearing Date of. July 26, 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 hearing 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 Code §67- 6509. The matter was duly considered by the City Council at the July 26, 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 on June 16, 2005 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. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER. CASE NO(S), AZ -05-023- PAGE 1 of 4 i verified that the property owner(s) of record at the time of issuance of these findings is the Presbytery of Boise. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning qct of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 § 11-17-9. 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 copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site Plans dated March 24, 2005 as shown in Exhibit B, and the Annexation and Zoning Comments as shown in Exhibit C. 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 § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conceptual Site Plans as evidenced by having submitted the Conceptual Site Plans dated March 24, 2005 are hereby conditionally approved; and, 2. The Annexation and Zoning Comments are as shown in Exhibit C. CITY OF MERIDIAN FINDINGS of FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ASE NO(S). AZ -05-023- PAGE 2 of 4 • 0 D. Notice of Final Action and Right to Regulatory Takings Analysis I. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Legal Description Exhibit B: Approved Conceptual Site Plan Exhibit C: Annexation and Zoning Comments Exhibit D: Zoning Amendment Findings By action of the City Council at its regular meeting held on the ,. (per day of 2005. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Mayor T ,N'% v` of Attest: s VOTED VOTED_ VOTED VOTED VOTED Weerd BFAL William G. $erg, Jr., ity Clerk. �► 1 � 1p CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-023- PAGE 3 of 4 C COPY served upon Applicant, The planning and Zoning Department, Public Works Department and City Attorney. $y Dated: �-2 -QS City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-023- PAGE 4 of 4 EXHIBIT A Cherry Lane Christian Church Annexation AZ -O5-023 Legal Description ANNEXATION LEGAL A Parcel tl I land being Pag Graye Wolfe; and located as shown on Record of Survey No. 5576 for North. Rangn a porion of the SE1/4 of Section 10, Township 3 e 1 W�, Soise Meridian, Ada County. Idaho and more pa�ovlarly described as follows: BEGINNING at a 5/8 inch rebar marking the SE comer of said SE1/4; Thence 310V the South line of said SE1/4 N89°4029 -W a distance of 1558.62 feet to a 5/8 inch rebar from which the N8914CY20 W a distance of 1082.05 feet; SW comer of said SEI/4 bears Thence having said inch rebarSouth One N01 008'10"E a distance of 1118.81 feet to a 5/8 , Thence S88951'50"E line of said SE1/4; a distance of 1545.36 feet to a 5/8 inch rebar on the Fast Thence along said East line SW270M a distance of 1098.83 feet to the POINT OF SEOINNING. Said parcel contains 39.47 acres more or less and is subject to all existing easements and rights.of-way of rem or Implied. A Y1C�' S,UE �1V CX146352 ANNEX LHOAL.dm EXHIBIT B Cherry Lane Christian Church Annexation AZ -05-023 Conceptual Site Plan •_� _{ •.:ate._.. a _ - .��,1 I '-C ...._� 7r'r - •` {-' �- '�.,. _. lam'" i -r ri*;t - AP .4. rrr, � - � 1 • - � - z�PP c �-_'� � ��_ I _�"--1` 1.,� •- .' c -i rte• t I k , OR 4FII lIS is ', �Jlr Did' I. I,r_.� r ��I, rr . I' r -! t,5 P,, y� � 1 ,• f�"P !,' I� i. i II t� F T, ,@. Ij^ _I /rte �•' ':�/ �7'; �� s +� I, ' d � � �' -� i -- - I - `I I't�'. !td/,;,�+3� � . r ••'III/� ;.. G I I �� Em ;0 '�"1-LF:'r'C .'�'•-=',•,. .,�i� �' �'.t�-nl"f -!I fl'II� 't(!{:-•193 - , -�,,ll/%;%�� '• 1( 'bye', - ,f v"'•, }' u -I-'�=..-_.'�-.,-_-'�.�]A .f _�C.. �! i • . l .I: ,, .I,.�GL.IL111. Fi : ��._ I UI CLt:c' �.r, - n a..�' .tn 311LL .A�.L Y°:Ntlk ° 1� .�amWc. ---•��, �awrrcro W4 121l', Cherry Lane Christian Church Annexation AZ -0S-023 Annexation and Zoning Comments AN (ATiON & ZONING FACTS AND COMMENTS 1 • The subject property is within the Urban Services Planning Area. The legal description submitted with the application (dated 4/15/05, stamped by Stephen Lee) shows the property as contiguous to the existing corporate the City of Meridian. The Public Works Department has confumed th tf the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Any future subdivision and/or development of this property shall comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The a plicant shall contact the QY Attorney Bill NW at 888.4411 to initiate this_processs.The DA shall incorporate the following: • That any new structure(s) shall be generally compatible in a ce and bulk with the surrounding residential properties, as determined by th detailed Planned Development approval as approved through a Conditional Use process. • That 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 prior approval. • That all future uses shall not involve uses, activities equipment and conditions of operation that will be detrimental o an materials, y persons Property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • At this time the applicant proposes the following uses on the subject property: Private School w/childcare capabilities, Church, and Administrative Offices. The Planned Development Application as required by this Development Agreement must include these and any other uses requested by the applicant. • That the applicant agrees to provide cross -access to the parcels to the west and north, prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any future use. • That vehicular access to this site shall be restricted to those approved by ACHD and the City. Cherry Lane Christian Church Exhibit C SPECIAL CONSIDERATIO S AN,N.EXA TION & ZO G 1. Access: Limiting vehicular access to this property is essential to maintaining traffic flow on Franklin Road during peak hours. ACRD policy requires right- in/right-out driveways located on arterial roadways to be constructed a minimum of 150 feet from a stop controlled intersection; 220 feet is required for a full access driveway. Although this properly has sufficient frontage to meet the District's policy, there is need and a request by ACHD for a detailed traffic study prior to development. When the Franklin/Ten mile intersection is signalized, or if safety of any accesses should become an issue, the ACRD may restrict the access to right-iia/right-out only for all access points. The final locations of points of access will be determined at a later date, during detailed approval throuh the Planned Development process. g Because only one access to the public roadway system is being proposed for this Property to the west of the site, staff recommends that cross access be provided to the site to the west. The idea with providing cross access to the multifamily development is that when the church expands and/or redevelops, cross access will be reciprocated to the proposed multifamily development. If cross access is Provided then patrons of the church can access Franklin Road at a signalized intersection without having to cross traffic lanes on Franklin Road to exit the site. See Annexation & Zoning Facts and Comments #2 below. L'dsc�m�_ Franklin Road and Ten mile Road are classified arterial roadways. A 25 -foot wide landscape buffer is currently required adjacent to arterial roadways (MCC 12-13-10-4). Landscape buffers along Meridian Road and Ustick Road will be required by the City with CZC/Planned Development approval. If the subject annexation and zoning application is approved, C -N property will be adjacent to rural residential properties zoned RUT in Ada County and an outdoor storage facility. To buffer the existing land uses to the south and west from future commercial office uses on this site, landscape buffers along the perimeter of the site should be installed when a CZC/Plat is approved (see MCC 12-13-12). Parking_ For Churches/Schools/Gymnasium, parking stalls are currently required at the rate of one space per 4 auditorium seats, one space per each 5 church seats, one space per 400 s.f of gross office floor area (administration building), 2 parking spaces per elementary classroom, 10 parking spaces per high school classroom plus 1 for each 10 seats in and auditorium or gymnasium. (MCC 11- 13-5.B). 3. S nitsSt ewer: Sanitary sewer is currently not available to this site. This site is master planned for the sewer to drain to the Black Cat lift station via extensions of mains through Castlebrook Subdivision, Chesterfield Subdivision, and the Proposed Silver Oaks Subdivision to the west. The applicant shall be responsible to design and install sewer mains to and through this proposed development, Cheng Lane Christian Church Exhibit C coordinate main size and routing with the City of Meridian Public Works Department. Water is readily available in Ten -Mile Road and Franklin Road. The applicant shall be responsible to design and install water main to and through this development, coordinate main sizing and routing with City of Meridian Public Works. The applicant shall execute City of Meridian standard forms of easements for any mains that are required to provide service. MERIDIAN FIRE DEPARTMENT COMMENTS 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %11 outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c- Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 101 . g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the TFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 5. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be Placed per Appendix D. Cherry Lane Christian Church Exhibit C 0 8. The office/commercial lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2 um According ri a report completed by Fire &Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Provide a Knoxbox entry system for the complex prior to occupancy. 11. The applicant shall work with Planning Department staff to provide an address identif cation plan including a pylon/monument sign at the required intersection(s). 12. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 13. Provide exterior egress lighting as required by the International Codes. Building &Fire 14. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 15. All Daycare's with 7 or more children must passan inspection using the criteria of the Idaho State Fire Marshal. If the applicant has concerns about meeting the State Fire Marshal criteria an inspection will be completed at a cost of $20. 16. There shall be a fire hydrant within 100' of all fire department connections. 17. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. Cherry Lane Christian Church Exhibit C 0 • 18. This project will be required to provide a 20' wide swing or rollingemergency access gate. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. MERIDIAN PARKS DEPARTMENT OMMENTS 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 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. ME IAM PUBLIC WOE DEPARTMENT L 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. 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. 3. 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. 4. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 5. Applicant shall be responsible for application andcompliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 6. All grading of the site shall be performed in conformance with MCC 11-12-3H. 7. 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. 8. Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinanc Section 9-1-4 and 9 -8 -4. Wells may be used for non-domestic purposes such as landscape irrigation. 9- All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by Cherry Lane Christian Church Exhibit C 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,alternate plans shall be reviewed and approved by the meridian City Engineer prior l final plat signature. 10. Please submit all or review. Any drainage areas updated groundwater/soils monitoring data to the Public Works Department f(detention/retention basins) must be designed. to ensure that water is retained only during 100 -year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. 11. Two -hundred -fifty and one hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. street light contractor shall obtain design and permit from the Public Works The Department prior to commencing installations. 12. Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. ADA COUNTY HIGHWAY DISTRICT (ACM Site Specific Conditions of Approval The applicant shall submit a detailed traffic study for the site prior to receiving detailed approval. Cherry Lane Christian Church Exhibit C ESI) Cherry Lane Christian Church Annexation AZ -05-023 Zoning Amendment Findings AANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis: 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; Staff finds that the requested Neighborhood Commercial (C -N) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as 'Mixed Use -Regional". Meridian City Code (MCC) 11-7-2.H. states the purpose of the C -N district is "to permit small scale convenience business uses which are intended to meet the daily needs of the residents in the immediate neighborhood. ...and shall not constitute all or any part of a strip development concept." The following Comprehensive Plan policies also support the annexation and proposed Church/ Private School use: "Permit new. . .commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obj. A, #6) Municipal water, solid waste and other services exist to this area of Meridian. "Require all new parking lots to provide landscaping in internal islands." (Chapter V, pg. 43, Goal III, Obj. D, #3) The Site Plan submitted with the annexation application for this property is conceptual in nature; the parking lot will be addressed through the submittal of the planned development and shall show internal planters, as required • "Locate new community commercial areas on arterials ...near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3) Cheng Lane Christian Church Exhibit D The proposed commercial use is located at the intersection of two minor arterial roadways. A 25 foot wide street buffer is shown along Ten Mile Road and Franklin Road, designed in part to mitigate potential negative impacts upon the vehicular traffic on arterial roads. There are several major residential developments occurring in the area to which the proposal will provide service. "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107, Goal IV, Obi. D, #2) ACHD is requiring the applicant to submit a detailed traffic study for the site. The curb cuts and access points are consistent with Other proposals of this size and nature. However, these will be approved with the filing of a detailed Planned Development and full review by ACHD. 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 quality of life. The proposed off-street and multiuse pathway systems are depicted in Figures VI -3 and VI -4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. With the design of the conceptual plan the applicant has included multiuse pathways in this development. The Comprehensive Plan indicates in Figures TSI - 3 and VI -4 the locations of pathways along the Ridenbaugh Canal, ,Eight Mile Creep and Ten Mile Creek. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a conceptual site plan. The site plans depicts several buildings on this Property with 1) a main building to seat 4,500 patrons and several classrooms and 2) a school with a gymnasium and an administration building. The site plan also shows a recreation field and multiuse pathway system along the Ten Mile Creek. Staff does not anticipate that the applicant plans to rezone the subject property in the future if the subject annexation/zoning is approved, as the anticipated Church/ Private School uses will be conditionally allowed in the requested C -N zone. Please see Finding "C" 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; Staff finds that School/ Private Schools would be Conditional uses within the requested C -N zone. As mentioned above, however, there is no detailed Cheery Lane Christian Church Exhibit D 0 • development plan proposed at this time, but a Planned Development must be submitted in compliance with the Mixed -Use Regional 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 widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that the recent annexation and zoning of Stor-It, Castlebrook Subdivision, and the recent proposal of Silver Oaks Subdivision (multifamily) directly west of this site, dictates that the subject property be similarly zoned and developed. The streets adjacent to this site have not been widened recently, and neither Franklin Road nor Ten Mile Road roadway improvements abutting this site are in the current ACRD Five -Year Work Program. Franklin Road from Ten - Mile to Black Cat is in the planned development phase for improvement. 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; The applicant will be required to construct, operate and maintain the future buildings in accordance with City Code. Although this area was intended for residential and commercial uses when the 2002 Comprehensive Plan was adopted, staff finds that the size and number of uses is consistent with the comprehensive plan at this location. Staff finds that the design of the submitted conceptual layouts for school/office/church buildings could be harmonious with the adjacent properties if cross -access is provided to the parcel to the west (multifamily). Staff further finds that the proposed uses will change the existing character of the area, but that the proposed zone and future use(s) should be harmonious and appropriate in appearance with the character of the overall area. Staff finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Commercial (school/church) vehicular access to this site could cause a potential disturbance/hazard to existing and/or future uses. The 2002 Comprehensive Plan Future Land Use Map designates the properties to the west as multifamily, and to the south and east as Mixed Use Regional. The Commission and Council should rely on public testimony to determine whether the proposed C -N zoning will be disturbing or hazardous to the neighboring uses. Cherry Lane Christian Church Exhibit D • 0 Staff finds that the use of this site for Church/School type uses should not be hazardous or disturbing to existing or future neighboring uses if the applicant enters into a development agreement with the City and all development and landscaping ordinances are exercised. In addition to staffs analysis, the Commission and Council should rely on public testimony to determine whether or not the potential disturbance of allowing a commercial access into/out of this site will substantially affect the existing or future neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer is currently not available to this site. This site is master planned for the sewer to drain to the Black Cat lift station via extensions of mains through, Castlebrook, Chesterfield and the proposed Silver Oaks to the west. Water mains are readily available in Ten -Mile Road, and Franklin Road., The applicant and/or future properly owners will be required to pay any applicable park and highway impact fees as well as construct on-site storm water drainage facilities. On May 27, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. However, the joint agency review was based on the conceptual plan, the Planned Development shall require detailed review. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street (driveway) infrastructure, utilities and irrigation services to serve the project. Other required site improvements will be funded and constructed by the developer through the CZC/Planned Development approval process. The primary Public costs to serve the future uses will be fire and police facilities and services. Staff 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. Cherry Lane Christian Church Exhibit D r 0 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; Staff finds that any future uses on this site will generate additional traffic on adjacent roadways above and beyond the existing residences. The level of impact will depend upon the type of future use(s) and the square footage of the buildings. Staff recognizes that traffic and noise will increase with the approval of this development; however, do to the large size of the site and number of proposed accesses, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Traffic will further be reviewed and accommodated by ACHD review of the detailed traffic study. The purpose of the C -N zone is to "to permit small scale convenience business uses which are intended to meet the daily needs of the residents in the immediate neighborhood. ...and shall not constitute all or any part of a strip development concept." (MCC 1 1-7-2.H) As such, staff does not anticipate future uses will create smoke, fumes, glare, or odors that will be detrimental to the general welfare of persons or property in the area. Staff does not anticipate the proposed annexation and subsequent use(s) will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed. Church/ Private School uses should not be detrimental to people, property or the general welfare of the area. MCC 11-16-4 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses to more fully comply with this finding. Due to the close proximity of existing and future residential uses, the scale of the project, and relation to neighboring uses, staff believes that a Development Agreement is necessary to ensure that the purpose of the C -N zone is maintained. Please see Annexation & Zoning Facts and Comments below. 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; This parcel has a large amount of frontage on both Franklin Road and limited frontage on Ten -Mile Road. The applicant is conceptually proposing four driveway approaches to Franklin Road: a shared access at the mid section (for possible future signalization), two right in and right out accesses, and a full access at approximately the % section line. ACHD considers access points in their analysis of development applications and has requested a detailed traffic study. Staff believes that these locations will provide adequate access, but it may be restricted based upon the detailed traffic study. To help future traffic flows in this Cherry Lane Christian Church Exhibit D area, staff believes that cross access between the subject property and the property to the west and north should be provided. If cross access is provided from the west and north, patrons of the church/school, storage facility, and multifamily development can access Franklin Road at the Yi section line, also to be cost shared with the property to the west. Staff believes that the proposed uses (and access) should not be hazardous to neighboring uses or traffic flows, but development should be restricted until ACRD has had adequate time to review a traffic study. The Commission and Council should rely on public testimony, ACHD star and City staff s analysis when determining whether or not a vehicular approach to Franklin Road will interfere with traffic on surrounding public streets. See Special Consideration #1 below for more analysis. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff is unaware of any natural of 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 annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" The legal description submitted with the application, prepared by Stephen Lee PLS of Pinnacle Engineers, Inc., shows that the property is contiguous to the existing corporate boundary of the City of Meridian. The land directly north, and northeast of the subject property have previously been annexed into the City and this is a logical expansion of the City boundary. The applicant is proposing to develop the land in substantial compliance with the City's Comprehensive Plan. In accordance with the findings listed above, staff finds that the annexation/zoning of this Property would be in the best interest of the Cid NOTE: Staff has included Development Agreement stipulations for annexation and zoning of this property below. Cherry bane Christian Church Exhibit D r AGREEMENT THIS AGREEMENT is made and entered into this 10th day of February , 2005, by and between Cherry Lane Christian Church and The City of Meridian, Idaho with respect to parcel #9050 at E SIDE SE1/4SE1/4 Section 10 3N1W as shown in Figure A. Well 27 Lot Chevy Lane Christian Church, owner of the referenced parcel, agrees to allow the City of Meridian and it's agents access to the site for the purposes of drilling and sampling a test water well, known as Well #27 Test Well. The City of Meridian agrees to pay Chevy Lane Christian Church one hundred dollars ($100.00) for the use of this property during the test drilling. The City of Meridian further agrees to the following: 1) The City will reclaim the site to a similar condition as it exists before the test well. 2) If the City does not find a viable aquifer, the City will abandon the test well. At the Cities sole discretion and based on the results obtained from Test Well #27 the City may purchase the parcel described above. If the City chooses to purchase the parcel, Cherry Lane Christian Church agrees to sell the parcel for the total purchase price of $21,000 and further agrees to cooperate with the City in completing the transaction. The City agrees to allow a cross access agreement with Chevy Lane Christian Church and to jointly agree on well house appearance. Cherry Lane Christian Church agrees to grant and coordinate an easement for a flush line to Ten Mile Creek. Well #26 Test Well - 1 of 2 0 IN WITNESS WHEREOF, the parties do execute this Agreement the day and year first above written. Cherry Lane•C�hristian Church ism 0" •••.� CITY OF MERIDIAN, IDAHO 0 Mayor y de Weerd Attest:.���t.= City ClerKWiTI Beib, J cc . �pp,�o%so.- I I Well #26 Test Well - 2 of 2 0 addedThis sheet has been to the document to accommodate recording information. Sanitary Sewer Easement for Cherry Lane Christian Church, 2511 W. Cherry Lane. Approved by the Meridian City Council on December 6, 2005. THIS INDENTURE, effective this 21 sr day of November, 2005, by the undersigned Cherrn Lane Christian Church, who maintains a mailing address of P.O. Box 671, Mer ID 83680, hereafter referred to as "GRANTOR for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A-1, A-2, & A-3) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The 'temporary,.construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. SANITARY SEWER EASEMENT, Page 1 of 2 THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. By: Larry Wes, Outreach Minister WOO 014ytj STATE OF IDAHO) ) ss County of Ada ) On this y =day of V ikN'�� tet; 2005, before me 1A i (Ati -Up A L personally appeared QL . - r \.X r\ Q -f c� , proved to me on the basis of satisfactory evidence t be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same_ e�t«iumrrrgnrrre Beneficiary: CITY OF MERIDIAN By Tammy de Weerd:`Mayor NOTARY PUBLIC FOR IDAHO My Commission Expires on �.� OF ,��OB�BaG 6 ATTEST: William Berg, Jr., City ler r Date approved by Council: /2 -6-6075-` 21 SANITARY SEWER EASEMENT, Page 2 of 2 ,f'li11fIM" 44 1� L STATE OF IDAHO, ) : ss. County of Ada ) On this, '#(` r day of (ve L�-1 , 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: /7t (f,&c :.Ad MY COMMISSION EXPIRES: , -- =S( SANITARY SEWER EASEMENT, Page 3 of 3 • Project: 11873 Parcel No: 51210449010 Date: November 17, 2005 EXHIBIT A-1 PARCEL DESCRIPTION PERMANENT EASEMENT • That portion of the Southeast 1/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast comer of Section 10; thence along the Easterly boundary of the Southeast %a of said section, North 00°51'46" East, 301.75 feet; thence North 89"08'14" West, 25.00 feet to the Westerly prescriptive right-of-way of Ten Mile Road, the POINT OF BEGINNING; thence North 45 ° 35'14" West, 105.58 feet; thence North 88°27'10" West, 1,452.46 feet to the Westerly boundary of the Church Subdivision; thence along said boundary, North 01'33'00" East, 692.02 feet; thence South 43'27'03" East, 28.28 feet; thence South 01 `33'00" West, 642.02 feet; thence South 88°2710" East, 1,444.23 feet; thence South 45'35'14" East, 88.84 feet to the Westerly prescriptive right-of-way of Ten Mile Road; thence along said right-of-way, South 00' 51'46" West, 41.39 feet to the POINT OF BEGINNING. Containing 1.371 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 8575 �0 9lf D F yq� D M RMH/TLK:Ihc \\Boisefiles\Public\ProjectManagers\PHK\11873-Black Cat\Admin\Descr1ptions\118730urch-Perm.doc Project: 11873 Parcel No: S1210449010 Date: November 17, 2005 PARCEL DESCRIPTION TEMPORARY EASEMENT That portion of the Southeast 1/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast corner of Section 10; thence along the Easterly boundary of the Southeast 1/a of said section, North 00°51'46" East, 343.14 feet; thence North 89°08'14" West, 25.00 feet to the Westerly prescriptive right-of-way of Ten Mile Road, the POINT OF BEGINNING; thence North 45`35'14" West, 88.84 feet; thence North 88°27'10" West, 1,444.23 feet; thence North 01 "33'00" East, 642.02 feet; thence South 88"27'00" East, 50.00 feet; thence South 01 "33'00" West, 592.02 feet; thence South 88"2T10" East, 1,413.86 feet; thence South 45'35'14' East, 60.93 feet to the Westerly prescriptive right-of-way of Ten Mile Road; thence along said right-of-way, South 00'51'46" West, 68.99 feet to the POINT OF BEGINNING. Containing 2.434 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. V81 575 - 0F RMH/TLK:Ihc \\Boisefiles\Public\ProjectManagers\PHK\11873-Black Cat\Admin\Descript1ons\118730urch-Temp.doc • l� December 2,2W5 AZ 05-023 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Cherry Lane Christian Church ITEM NO. 5-E REQUEST Sewer Easement for Cherry Lane Christian Church — 2511 W. Cherry Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Aftached Easement / Attachmenfs OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER AVID NAVARRO AMOUNT .00 7 • BOISE IDAHO 12/15/05 OWPM DEPUTY ViM RECORDED CREQIUESTOF IIII'IIIIIIII'�'I�I'��II�I��II'�I�'ll Meridian City 105191335 This sheet has been added to the document to accommodate recording information. Sanitary Sewer Easement for Cherry Lane Christian Church, 2511 W. Cherry Lane. Approved by the Meridian City Council on December 6, 2005. 0 • SANITARY SEWER EASEMENT THIS INDENTURE, effective this 21 ST day of November, 2005, by the undersigned Cherry Lane Christian Church, who maintains a mailing address of P.O. Box 671, Meridian, ID 83680, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way. across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A-1, A-2, & A-3) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. SANITARY SEWER EASEMENT, Page 1 of 2 0 • THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. By: Larry , Outreach Minister I.Jav e,.a( STATE OF IDAHO) ) ss County of Ada ) On this :�O h day of (� \K 2005, before me f i cyy ak�.p A 1 b-9 c- k, -,c v, personally appeared c_ �- o_,c A , proved to me on the basis of satisfactory evidence t6 be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. gltlyl*+{IIS) II)ry,Rry/jUlllljj,7+. NOTARY PUBLIC FOR IDAHO pomBL� e6�� Ie- ,,,,,,+r++++++tn+4°°°` My Commission Expires on a a3—kc-) Beneficiary: CITY OF MERIDIAN cr By Tammy de Weerd� "Mayor 'bATTEST: o SEAL, William Berg, Jr., City ler Date approved by Council: —O,,i SANITARY SEWER EASEMENT, Page 2 of 2 0 . STATE OF IDAHO, ) ss. County of Ada ) On this_�day of U—cekn , 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) ,t `7M 0-7 SvuW, NOTARY PUBLIC FOR IDAHO RESIDING AT: /YU ffitz -k MY COMMISSION EXPIRES: 1p, -- ' d SANITARY SEWER EASEMENT, Page 3 of 3 • Project: 11873 Parcel No: S1210449010 Date: November 17, 2005 EXHIBIT A-1 PARCEL DESCRIPTION PERMANENT EASEMENT That portion of the Southeast % of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast comer of Section 10; thence along the Easterly boundary of the Southeast 1/a of said section, North 00" 51'46" East, 301.75 feet; thence North 89 ° 08'14" West, 25.00 feet to the Westerly prescriptive right-of-way of Ten Mile Road, the POINT OF BEGINNING; thence North 45"35'14" West, 105.58 feet; thence North 88°2T10" West, 1,452.46 feet to the Westerly boundary of the Church Subdivision; thence along said boundary, North 01 *33'00" East, 692.02 feet; thence South 43"2T03" East, 28.28 feet; thence South 01 ° 33'00" West, 642.02 feet; thence South 88°2T10" East, 1,444.23 feet; thence South 45"35'14" East, 88.84 feet to the Westerly prescriptive right-of-way of Ten Mile Road; thence along said right-of-way, South 00° 51'46" West, 41.39 feet to the POINT OF BEGINNING. Containing 1.371 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 8575 OF V �ql a M foo RMH/TLK:Ihc \\Boisefiles\Public\ProjectManagers\PHK\11873-Black Cat\Admin\Descriptions\118730urch-Perm.doc 0 Project: 11873 Parcel No: 51210449010 Date: November 17, 2005 EXHIBIT A-2 PARCEL DESCRIPTION TEMPORARY EASEMENT • That portion of the Southeast 1/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast comer of Section 10; thence along the Easterly boundary of the Southeast 1/a of said section, North 00°51'46" East, 343.14 feet; thence North 89°08'14" West, 25.00 feet to the Westerly prescriptive right-of-way of Ten Mile Road, the POINT OF BEGINNING; thence North 45' 35'14" West, 88.84 feet; thence North 88"2710" West, 1,444.23 feet; thence North 01'33'00" East, 642.02 feet; thence South 88"2T00" East, 50.00 feet; thence South 01'33'00" West, 592.02 feet; thence South 88"2710" East, 1,413.86 feet; thence South 45"35'14" East, 60.93 feet to the Westerly prescriptive right-of-way of Ten Mile Road; thence along said right-of-way, South 00" 51'46" West, 68.99 feet to the POINT OF BEGINNING. Containing 2.434 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 8575 s OF V ZD D M. RMH/TLK:Ihc \\Boisefiles\Public\ProjectManagers\PHK\11873-Black Cat\Admin\Descriptions\118730urch-Temp.doc O O .09 1 m 0 0 O I I0 0 0 0 io m n rj yN� �t b W N O � O rj I 0 O 0 O O 0 } � Z � ��� �w aw nci :En aEn CITY OF MERIDIAN PLANNIN�i 'AND ZONING DEPARTMENT STAFF REPORTJESTIONS? CALL 208 884-5533 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; D-1 CITY OF MERIDIAN PLANNIVAND ZONING DEPARTMENT STAFF REPORTIRUESTIONS7 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. D-2 E December 2,2W5 MERIDIAN CITY COUNCIL MEETING APPLICANT Cherry Lane Christian Church ITEM NO. 5-D REQUEST Development Agreement: Annexation and zoning of 39.47 acres from RUT/C2 (Ada County) to C -N zone for Cherry Lane Christian Church — 2511 W. Cherry Lane AGENCY COMMENTS December 6, 2005 AZ 05-023 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 Development Agreement Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORD, DAVID NAVARRO AMOUNT 00 qp BOISE IDAHO 12/15/05 PM DEPUTY RECORDED—REQUE ST III I�IIIii�II�I�III�IIIQII�IIfII�I�II OF Meridian Citi+ 105191334 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Cherry Lane Christian Church, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement'), is made and entered into this3_ play of Ve6 l-%, 2005, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Cherry Lane Christian Church, hereinafter called "OWNER/DEVELOPER". 1 • RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C -N) Neighborhood Business District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 1 OF 11 • 0 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received fin-ther testimony and comment; and 1.7 WHEREAS, City Council, the 260' day of July, 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, "Owner/Developer" has entered into an agreement with "City" with regard to Well #27, set forth in Exhibit C, which is attached hereto and by this reference incorporated here as if set forth in full, hereinafter referred to as "Well #27 Agreement"; and 1.11 WHEREAS, "Owner/Developer" has entered into an agreement with "City " to grant an easement to the "City" for a sewer trunk line, set forth in Exhibit D, which is attached hereto and by this reference incorporated here as if set forth in full, hereinafter referred to as "Sewer Easement Agreement"; and 1.12 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 DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 2 OF 11 • 0 jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 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 Cherry Lane Christian Church, whose address is 2511 W. Cherry Lane, Meridian, ID 83642 the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C -N (Community Business District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7- (P2 I- which are herein specified as follows: DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 3 OF 11 9 0 Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in the C -N zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 05-023 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 April 26, 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 of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application (File No. CUP -04-051). All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: That any new structure(s) shall be generally compatible in appearance and bulk with the surrounding residential properties, as determined by the detailed Planned Development approval as approved through a Conditional Use process. 2. That 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 prior approval. 3. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 4 OF 11 0 r 4. At this time the owner/developer proposes to use the property primarily as a church, including anticipated related support facilities and services as follows: worship facilities, educational facilities, administrative offices, child care facilities, maintenance buildings, caretaker/security residences, recreational facilities/pocket park, religious bookstore, food service. 5. That the applicant agrees to provide cross -access to the parcels to the west and north, prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any future use. 6. The "Owner/Developer" has completed a traffic study which has been accepted by ACHD (Ada County Highway District) and submitted to "City". ACHD Commissioners approved the following entry points to the property: From Ten Mile Road - 130 feet south of the north property line as shared access with the City Meridian for their well site - 150 feet south of the well site for a parking lot for the recreation area - 150 feet south of the parking lot for a drive way to the maintenance area and house 318 feet north of Franklin Road, just south of Ten Mile Creek From Franklin Road A joint roadway with the Silver Oaks subdivision on the West property line 550 feet west of Ten Mile Road as a minor access 236 feet west of the minor access point for a main entrance 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: DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 5 OF 11 "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9• INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 6 OF 11 0 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Properly" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without 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". DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 7 OF 11 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: 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 Cherry Lane Christian Church 2511 W. Cherry Lane 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 DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 8 OF 11 constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise 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 DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 9 OF 11 0 • Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Attest: CITY CLERK CITY OF MERIDIAN DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 10 OF 11 0 STATE OF IDAHO, ) ss: County of Ada, ) • On this,;;QQ iay of 6 Nvu 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Larry Woodard on behalf of Cherry Lane Christian Church, known or identified to me to be the authorized representative of Cherry Lane Christian Church, 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. ALP„° °�A o = 4(otary Public or Idaho 0 .�®d= Residing at: ,JQ °eases°°°;®`� My Commission Expires: 3 a ®� STATE OF IDAHO ) ss County of Ada ) On this day o f_J -C44 . ��-- '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. .*owes* :•��� TAS �� .: Shv g�-t"t- (SEAL) : Notary Public for Idaho Residing at: Me 1ij at JC/ Commission expires: .W.qS DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 11 OF 11 E xka� a -A Cherry Lane Christian Church Annexation AZ -05-023 Legal Description ANNEXATION LEGAL A Parcel of land being Parcel B as shown on Record of Survey No. 5576 for Grays Wolfe, and located in a portion of the SEI/4 of Section 10, Township 3 North, Range 1 West. 80130 Meridian, Ada County, Idaho and more particularly described as follows. BEGINNING at a 518 Inch rebar marking the SE comer of said SE1/4; Thence along the South line of said SE1/4 N89°4029'111# a distance of 1558.62 feet to a 5/8 Inch rebar from which the SW comer of said SE -1/4 bears N89°4029"W a distance of 1082.05 feet; Thence leaving said South Una N01°08'10"E a distance of 1116.81 feet to a 618 Inch rebar; Thence S88°51'50"E a distance of 1546.36 feet to a 5/8 inch rebar on the East line of sold SEI/4; Thence along said East line 800°2T06"W a distance of 7096.83 feet to the POINT OF BEGINNING. Said Parcel contains 39.47 acres more or less and is subject to a0 existing easements and rights-of-way of record or implied. aePaO"�` W46352 ANNEX LWAL.doc -&41). —1 Zc` • 0 ANNEXATION EXHIBIT MAP FOR C ERRN- LANE CHRISTIAN CHURCH" A PORTION OP THE SE 1/4 OF SECTION 10 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN ADA COUNTY, IDAHO 2005 N/4 CORNER SEC710N 10 BY EW APP! VALE UNION PACIFIC RAILROAD APR 2 6 2005 0 RAILROAD RIGHT OF WAY MERIDIAN PUBLIC WOr^.KS DEPT. 1 1 I I^ IN Id to O I IN I � Ivo l �o .f I LEGEND I oo _ - SECnON LINE (� PROPERTY BOUNDARY ( !� S �A T -- 25' WIDE PRESCRIPTIVE ROAD EASEMENT J� G /p .pL RAILROAD RIGHT—OF—WAY I FOUND BRASS CAP I 0 ® FOUND ALUMINUM CAP co j w 1 1335FOUND 5/8" FEW g+ ll �� v FOUND 1 2" REBAR W/CAD 1 1082.05' 1558.82' I S 1/4 CORNER N$9.40'29"W 2640.67' — 10 11 sECTION 1D 7L- 1-914 L FRANKLIN ROAD Ordtlalnok aq. ��®12�� SCALE 1"=300' DETAIL FILENAME: PINNACLE, C046352_ANNEX_ISS.DWG DRAWN B1': SRL CREATION DATE: rs, Inc. 04/12/2005 3uite B. 801se, Idaho CHECKED BY: 7700 KNS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 39.47 Acres from RUT/C2 (Ada County) to C -N (Neighborhood Commercial), by Cherry Lane Christian Church Case No(s): AZ -05-023 For the City Council Hearing Date of. July 26, 2005 A. Findings of Fact 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 hearing 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 Code §67- 6509. The matter was duly considered by the City Council at the July 26, 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 on June 16, 2005 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. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ -05-023- PAGE 1 of 4 verified that the property owne(s) of record at the time of issuance of these findings is the Presbytery of Boise. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application. 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 Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 § 11-17-9. 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 copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site Plans dated March 24, 2005 as shown in Exhibit B, and the Annexation and Zoning Comments as shown in Exhibit C. 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 § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1 • The applicant's Conceptual Site Plans as evidenced by having submitted the Conceptual Site Plans dated March 24, 2005 are hereby conditionally approved; and, 2. The Annexation and Zoning Comments are as shown in Exhibit C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-023. PAGE 2 of 4 • D. Notice of Final Action and Right to Regulatory Takings Analysis L Please take notice that this is a final action Of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Legal Description Exhibit B: Approved Conceptual Site Plan Exhibit C: Annexation and Zoning Comments Exhibit D: Zoning Amendment Findings By action of the City Council at its regular meeting held on the (,per day of i 2005. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED VOTED VOTED_ � VOTED t gk_ VOTED Ma rdy e Weerd Of Attest: SNAL - William G. Berg, Jr., ity Clerl6,, 7r P, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-023- PAGE 3 of 4 COPY served upon Applicant, The Planning and Zoning Department, public Works Department and City Attorney. By Dated: q -2(p �QS City Cierk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-023- PAGE 4 of 4 EXHIBIT A Cherry Lane Christian Church Annexation AZ -05-023 Legal Description ANNEXATION LEGAL A Parcel of land being Pd g as shown on Record of Survey No. 8576 for Grate Wolfe; and located !n a portion of the SE114 of Section 10. township 3 Northi Range 1 West, Boise Meridian. Ada County. Idaho and more particularly described as follows. BEGINNING at a 5/8 Inch mbar marking the SE comer of sold SE1/4; Thence along the South line of said SEI/4 N89°40'29^W a distance of 1558.62 feet to a 5/8 inch rebar from which the SW comer of N89040 -29"W a distance of 1082.05 feet: said SEEN bears Thence leaving inch rebarsaid South line N01 *08'100E a distance of 1118.81 feet to a 5/8 , Thenoe Sao51,50"E a distance of 1645.36 feet to a 518 Inch r®bar on the East line of said SE1/4; Thence along said East line Soo'2rDU W a distance of 1096.83 feet to the POINT OF BEGINNING. Said Parcel contains 39.47 acres more or less and is subject to all axlsting easements and rlghts-of-way of rets or implied. `P. �k�inKS G6•, CXM6352 ANNEX LWAL doc M—M–BEff—ID Cherry Lane Christian Church Annexation AZ -05-023 Conceptual Site Plan UT fix L", `-7 =[7 Ell' 7, 411 4.7 -4 'RZ 7 1� T'l F 11, IrT'!j if I I - z Llit] UT fix L", `-7 =[7 Ell' 7, 411 4.7 -4 'RZ 7 1� T'l F 11, IrT'!j if I I Cherry Lane Christian Church Annexation AZ -05-023 Annexation and Zoning Conlruents ANE (ATI )N & ZONING FACTS AND COMMENTS l • The subject property is within the Urban Services Planning Area. The 1e al description submitted with the application (dated 4/15/05, stamped by Stephen Lee) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works D submitted legal description meets the requirements of the ent has Ty o�ed that the the Idaho State Tax Commission.and 2. Any future subdivision and/or development of this property shall comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the annexation ordinance adoption), and the developer.lhe applicant shall�contact the e of Ci Attorne Bili N at 888-4433 o initiate this incess. Thcorporate the following: e DA shall • That any new structure(s) shall be generally compatible in a ce and bulk with the surrounding residential properties, as determined by the detailed Planned Development approval as approved through a Conditional Use process. • That 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 prior approval. • That all future uses shall not involve uses, activities processes, equipment and conditions of operation that will be detrimntal materials, Property or the general welfare by reason of excessive productioof trac, n ers noise, smoke, fumes, glare or odors. n ffi • At this time the applicant proposes the following uses on the subject prop Private School w/childcare capabilities, Church and Administrative �p p�Y• The Planned Development Application as required by is Development offs es. Agreement must include these and any other uses requested by the applicant. • That the applicant agrees to provide cross -access to the parcels to the west and north, prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any future use. • That vehicular access to this site shall be restricted to those approved by ACHD and the City. CherTY Lane Christian Church Exhibit C 1 Access: Limiting vehicular access to this property is essential to maiutairun traffic flow on Franklin Road during peals hours. ACHD policy requires right - of g if 150 -out driveways located on arterial roadways to be constructed a minimum c 150 feet from a stop controlled intersection; 220 feet is required for a full access driveway. Although thus property has sufficient frontage to meet the District's policy, there is need and a request by ACHD for a detailed traffic study Prior to development. When the Frankh wTen mile intersection is signalized, or if safety of any accesses should become an issue, the ACHD may restrict the access to right-in/right-out only for all access points. The final locations of points of access will be determined at a later date, during detailed approval through the Planned Development process. Because only one access to the public roadway system is being proposed for ths Property to the west of the site, staff recommeni d$ that cross access be provided the site to the west. The idea with providing cross access to the multifamily development is that when the church expands and/or redevel be reciprocated to the proposed multifops, cross access will amily development. Provided then patrons of the church can access Franklin Road atss a signalsaccesis zed intersection without having to cross traffic lanes on Franklin Road to exit the site. See Annexation & Zoning Facts and Comments #2 below. Land----s—caRhn-F,Franklin Road and Ten mile Road are classified arterial roadways. A 25 -foot wide landscape buffer is currently required adjacent to arterial roadways (MCC 12-13-10-4). Landscape buffers along Meridian Road and Ustick Road will be required by the City with CZC/Planned Development approval. If the subject annexation and zoning application is approved, C -N property will be adjacent to rural residential properties zoned RUT in Ada County and an outdoor storage facility. To buffer the existing land uses to the south and west from future commercial office uses on this site, landscape buffers along the perimeter of the site should be installed when a CZC/Plat is approved (see MCC 12-13-12). Parking: For Churches/Schools/Gymnasium, parking stalls are currently required at the rate of one space per 4 auditorium seats, one space per each 5 church seats, one space per 400 s.f of gross office floor area (administration building), 2 parking spaces per elementary classroom, 10 parking spaces per hi classroom plus 1 for each 10 seats in and auditorium or p school 13-5.B). gymnasium. (MCC 11- 3. a . Sewer: Sanitary sewer is currently not available to this site. master planned for the sewer to This site is drain to the Black Cat lift station via extensions of mains through Castlebrook Subdivision, Chesterfield Subdivision, and the Proposed Silver Oaks Subdivision to the west, The applicant shall to design and install sewer mains to and through, thus proposed developmentberespo,nsible Cherry Lane Christian Church Exhibit C coordinate main size and routing with the City of Meridian Public Works Department. Water is readily available in Ten -Mile Road and Franklin Road. The applicant shall be responsible to design and install water main to and through this development, coordinate main sizing and routing with City of Meridian Public Works. The applicant shall execute City of Meridian standard fortes of easements for any mains that are required to provide service. MERIDIAN FIRE DEtARIWMNT COM ANTS 1. Acceptance of the water supply for fire protection will be by the MeridiFire Department and water quality by the Meridian Water Department for bacteria an testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 5. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. Cherry Lane Christian Church Exhibit C 0 8. The ofFice/commercial lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consul are projected to reach 2800 in the year 2005 and 3800 by the year 2oup our 010 for service 9. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Provide a Knoxbox entry system for the complex prior to occupancy. 11. The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 12. All aspects of the building systems (including exiting systems Practices shall be required to comply with the International Fire�Code sses &storage 13. Provide exterior egress lighting as required, by the International Building & Fire Codes. 14. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (1222 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, 600 feet (183 rn). the distance requirement shall be b. For buildings equipped throughout with an approved automatic system installed in accordance with Section 903.3.1.1 or 903.3..1.2 e distance requirement shall be 600 feet (183 m). 15. All Daycare's with 7 or more children must pass an inspection using the criteria of the Idaho State Fire Marshal. Fire Marshal criteria an inspectIf the applicant has concerns about meeting the State ion will be completed at a cost of $20. 16. There shall be a fire hydrant within 100' of all fire department connections. 17. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. Cherry Lane Christian Church Exhibit C 0 i 18. This project will be required to provide a 20' wide swing or rolling ency access gate. The gate shall be equipped with a Knoxbox Padlock which hastobe ordered thru the Meridian Fire Department, MERIDIAN PARKS DEPARTMENT OMMENTS 1, Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2• Standard Plan for Protection of Existing Trees during Construction: The standard followed, established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be ME IDIAN PUBLIC Wo I DEPARTMENT 1. A11 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. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review to signature on the final plat per Resolution 02-374. process, prior 3. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans Act. with Disabilities Act and the Fair Housing 4. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency, 5. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 6. All grading of the site shall be performed in conformance with MCC 11-12-3H. 7. 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. I• Any existing domestic wells and/or septic systems wig 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. 9. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by Cherry Lane Christian Church Exhibit C 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, alternate plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. 10. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area. not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type &and characteristics during the design and construction phases. 11. Two -hundred -fifty and one hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public orks Department prior to commencing installations. 12. Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. ADA COUNTY HIGHWAY DISTRICT A HD Site Specific Conditions of Approval The applicant shall submit a detailed traffic study for the site prior to receiving detailed approval. Cherry Lane Christian Church Exhibit C EXBIDIT D Cherry Lane Christian Church Annexation AZ -05-023 Zoning Amendment Findings ANNEXATION & ZONING ANALYSTS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the Particular facts and circumstances of each proposed zoning amendment t in of following standards and shall find adequate evidence answering the following questions erms the about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis: 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; Staff finds that the requested Neighborhood Commercial (C-1) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use -Regional". Meridian City Code (MCC) 11-7-2.H. states the purpose of the C -N district is "to permit small scale convenience business uses which are intended to meet the daily needs of the residents in the immediate neighborhood. ...and shall notconstitute all or any part of a strip development concept," The following Comprehensive Plan policies also support the annexation and proposed Church/ Private School use: "Permit new. . .commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obi. A, #6) Municipal water, solid waste and other services exist to this area of Meridian. "Require all new parldng lots to provide landscaping in internal islands." (Chapter V, pg. 43, Goal III, Obj. D, #3) The Site Plan submitted with the annexation application for this property is conceptual in nature; the parking lot will be addressed through the submittal of the planned development and shall show internal planters, as required. • "Locate new community commercial areas on arterials ...near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obi. D, #3) Cheng Lane Christian Church Exhibit D The proposed commercial use is located at the intersection of two minor arterial roadways. A 2.5 -foot wide street buffer is shown along Ten Mile Road and Franklin Road, designed in part to mitigate potential negative impacts upon the vehicular traffic on arterial roads. There are several major residential developments occurring in the area to which the proposal will provide service. "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2) ACHD is requiring the applicant to submit a detailed traffic study for the site. The curb cuts and access points are consistent with other proposals of this size and nature. However, these will be approved with the filing of a detailed Planned Development and full review by ACHD. 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 quality of life. The proposed off-street and multiuse pathway systems are depicted in Figures VI -3 and VI -4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. With the design of the conceptual plan the applicant has included multiuse pathways in this development. The Comprehensive Plan indicates in Figures VI - 3 and VI -4 the locations of pathways along the Ridenbaugh Canal, Eight Mile Creek, and Ten Mile Creek. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a conceptual site plan. The site plans depicts several buildings on this Property with 1) a main building to seat 4,500 patrons and several classrooms and 2) a school with a gymnasium and an administration building. The site plan also shows a recreation field and multiuse pathway system along the Ten Mile Creek. Staff does not anticipate that the applicant plans to rezone the subject property in the future if the subject annexation/zoning is approved, as the anticipated Church/ Private School uses will be conditionally allowed in the requested C -N zone. Please see Finding "C". 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; Staff finds that School/ Private Schools would be Conditional uses within the requested C -N zone. As mentioned above, however, there is no detailed Cheery Lane Christian Church Exhibit D development plan proposed at this time, but a Planned Development must be submitted in compliance with the Mixed_Use Regional Designation. A Has there been a change in the area or adjacent areas whichmay 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; Staff finds that the recent annexation and zoning of Stor-It, Castlebrook Subdivision, and the recent proposal of Silver Dales Subdivision (multifamily) directly west of this site, dictates that the subject property be similarly zoned and developed. The streets adjacent to this site have not been widened recently, and neither Franklin Road nor Ten Mile Road roadway improvements abutting this site are in the current ACRD Five-year Work Program. Franklin Road from Ten - Mile to Black Cat is in the planned development phase for improvement. 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; The applicant will be required to construct, operate and maintain the future buildings in accordance with City Code. Although this area was intended for residential and commercial uses when the 2002 Comprehensive Plan was adopted, staff finds that the size and number of uses is consistent with the comprehve ensi plan at this location. Staff finds that the design of the submitted conceptual layouts for school/office/church buildings could be harmonious with the adjacent Properties if cross -access is provided to the parcel to the west (multifamily). Staff further finds that the proposed uses will change the existing character of the area, but that the proposed zone and future use(s) should be harmonious and appropriate in appearance with the character of the overall area. Staff finds that any fume uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Commercial (school/church) vehicular access to this site could cause a potential disturbancelhazard to existing and/or future uses. The 2002 Comprehensive Plan Future Land Use Map designates the properties to the west as multifamily, and to the south and east as Mixed Use Regional. The Commission and Council should rely on public testimony to determine whether the proposed C -N zoning will be disturbing or hazardous to the neighboring uses. Cherry Lazne Christian Church Exhibit D 0 Staff finds that the use of this site for Church/School type uses should not be hazardous or disturbing to existing or future neighboring uses if the applicant enters into a development agreement with the City and all development and landscaping ordinances are exercised. In addition to staffs analysis, the Commission and Council should rely on public testimony to deternnine whether or not the potential disturbance of allowing a commercial access into/Out of this site will substantially affect the existing or future neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer is currently not available to this site. This site is master planned for the sewer to drain to the Black Cat lift station via extensions of mains through Castlebrook, Chesterfield and the proposed Silver Oaks to the west. Water mains are readily available in Ten -Mile Road, and Franklin Road. The applicant and/or future property owners will be required to pay any applicable park and highway impac acilities. t fees as well drainage fas construct on-site storm water On May es of a joint representatiatives of agency/department comments meeting was held with. key service providers to this property. Based on the joint agencY/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. However, the joint agency review was based on the conceptual plan, the Planned Development shall require detailed review. The Commission and Council should referenceany written and/or verbal testimony submitted by any public service provider ability to adequately service this project, , regarding their 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 (driveway) infrastructure, utilities and irrigation services to serve the Project. Other required site improvements will be funded and constructed by the developer through the CZC/Planned Development approval process. The prim ary public costs to serve the future uses will be fire and police facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will t be detrimental to the community's economic welfare. no Cherry Lane Christian Church Exhibit D 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; Staff finds that any future uses on this site will generate additional traffic on adjacent roadways above and beyond the existing residences. The level of impact will depend upon the type of future use(s) and the square footage of the buildings, Staff recognizes that traffic and noise will increase with the approval of this development; however, do to the large size of the site and number of proposed accesses, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Traffic will further be reviewed and accommodated by ACRD review of the detailed traffic study. The purpose of the C -N zone is to "to permit small scale convenience business uses which are intended to meet the daily needs of the residents in the immediate neighborhood. ...and shall not constitute all or any part of a strip development concept." (MCC11-7-2.H) As such, staff does not anticipate future uses will create smoke, fumes, glare, or odors that will be detrimental to the general welfare of persons or property in the area. Staff does not anticipate the proposed annexation and subsequent uses) will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed Church/ Private School uses should not be detrimental to people, property or the general welfare of the area. MCC 11-16-4 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses to more fully comply with this finding. Due to the close proximity of existing and future residential uses, the scale of the project, and relation to neighboring uses, staff believes that a Development Agreement is necessary to ensure that the purpose of the C -N zone is maintained. Please see Annexation & Zoning Facts and Comments below. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with streets; traffic on surrounding public This parcel has a large amount of frontage on both Franklin Road and limited frontage on Ten -Mile Road. The applicant is conceptually proposing four driveway approaches to Franklin Road: a shared access at the mid section (for Possible future signalization), two right in and right out accesses, and a full access at approximately the % section line. ACHD considers access points in their analysis of development applications and has requested a detailed traffic study. Staff believes that these locations will provide adequate access, but it may be restricted based upon the detailed traffic study. To help future traffic flows in this Chevy Lane Christian Church Exhibit D area, staff believes that cross access between the subject property and the property to the west and north should be provided. If cross access is provided from the west and north, patrons of the church/school, storage facility, and multifamily development can access Franklin Road at the Y2 section line, also to be cost shared with the property to the west. Staff believes that the proposed uses (and access) should not be hazardous to neighboring uses or traffic flows, but development should be restricted until ACRD has had adequate time to review a traffic study. The Commission and Council should rely on public testimony, ACRD staff; and City staff's analysis when determining whether or not a vehicular approach to Franklin Road will interfere with traffic on surrounding public streets. See Special Consideration #1 below for more analysis. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff is unaware of any natural of 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 annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance, L. Is the proposed zoning amendment in the Best interest of the City of Meridian. (Ord. 592,11-17-1992),' The legal description submitted with the application, prepared by Stephen Lee PLS of Pinnacle Engineers, Inc., shows that the property is contiguous to the existing corporate boundary of the City of Meridian. The land directly north, and northeast of the subject property have previously been annexed into the City and this is a logical expansion of the City boundary. The applicant is proposing to develop the land in substantial compliance with the City's Comprehensive Plan. In accordance with the findings listed above, staff finds that the annexation/zoning of this property would be in the best interest of the Citv. NOTE: Staff has included Development Agreement stipulations for annexation and zoning of this property below. Cherry Lane Christian Church Exhibit D THIS AGREEMENT is made and entered into this 10th day of February , 2005, by and between Cherry Lane Christian Church and The City of Meridian, Idaho with respect to parcel #9050 at E SIDE SEI/4SE1/4 Section 10 3N1W as shown in Figure A. Well 27 Lot Cherry Lane Christian Church, owner of the referenced parcel, agrees to allow the City of Meridian and it's agents access to the site for the purposes of drilling and sampling a test water well, known as Well #27 Test Well. The City of Meridian agrees to pay Cherry Lane Christian Church one hundred dollars ($100.00) for the use of this property during the test drilling. The City of Meridian further agrees to the following: 1) The City will reclaim the site to a similar condition as it exists before the test well. 2) If the City does not find a viable aquifer, the City will abandon the test well. At the Cities sole discretion and based on the results obtained from Test Well #27 the City may purchase the parcel described above. If the City chooses to purchase the parcel, Cherry Lane Christian Church agrees to sell the parcel for the total purchase price of $21,000 and further agrees to cooperate with the City in completing the transaction. The City agrees to allow a cross access agreement with Cherry Lane Christian Church and to jointly agree on well house appearance. Cheng Lane Christian Church agrees to grant and coordinate an easement for a flush line to Ten Mile Creek. Well #26 Test Well - 1 of 2 0 IN WITNESS WHEREOF, the parties do execute this Agreement the day and year first above written. Cherry Langefiristian Church CITY OF MERIDIAN, IDAHO am Attest: Mayor y de Weerd CG • ��r'o`'a-- f Well #26 Test Well - 2 of 2 0 • L� This sheet has been added to the document t accommodate recording information. Sanitary Sewer Easement for Cherry Lane. Christian Church, 2511 W. Cherry Lane. Approved by the Meridian City Council on December 6, 2005. SANITARY SEWER EASEL BENT THIS INDENTURE, effective this 21ST day of Nov_ ember, 2005, by the undersigned Lane Christian hrch, who maintains a mailing address of— "u P.O. Box 671 �gned Cherry 3_, hereafter referred to as "GRANTOR" for the benefit of the Cit of der— ian ID municipal corporation of the State of Idaho that maintains a mailing address Meridian, a Idaho Street, Meridian, Idaho 33642, hereafter referred to as "CITY,,. ®f 33 East WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right -Of -Way across the Premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an under pipeline to be constructed by others; and ground WHEREAS, it will be necessary to maintain and service said pipeline from ' time by the CITY; time to NOW, THEREFORE, in consideration of the benefits to be received b the Gr, and other good and valuable consideration, the Grantor does hereby give, r and convey unto the CITY the right -of --way for the y antor, construction easements for the construction, operation g ' grant permanent and temporary sanitary sewer line over and across the following described and maintenance of a Property: (SEE ATTACHED EXHIBITS A-1, A-2, & A-3) The permanent easement hereby granted is for the purpose of construction d operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of acces to such facilities at any and all times. s The tem Orary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-wa unto said CITY, its successors and assigns forever. Y the 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. SANITARY SEWER EASEMENT, Page 1 of 2 THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. By: Larry Wee4Wafd. Outreach Minister WOE er"i STATE OF IDAHO) ) ss County of Ada ) On this day of V � Nlk 12005, before me _m 1 ct% -Q U. e A i b r- is proved to me on the personally appeared r-\ 0 - basis of satisfactory evidence t be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. `Ettti01111M IP/1" a a 4 a oe®®Oa®Ott flffi tat Beneficiary: CITY OF MERIDIAN 4 NOTARY PUBLIC FOR IDAHO My Commission Expires on B x. ' yam/ ; j �a®OF oeBae�do� Tammy de Weerd,-`'Mayor ATTEST: m William Berg, Jr., City ler Date approved by Council:_ SANITARY SEWER EASEMENT, Page 2 of 2 `'►�►rri „►�°°°°° STATE OF IDAHO, ) : ss. County of Ada ) On this �{ ?� day of ` t cap I-� , 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) /IeW/�? kluW.t NOTARY PUBLIC FOR IDAHO RESIDING AT: 7j, (6,,j .-P,-1 MY COMMISSION EXPIRES -_A-- =A( SANITARY SEWER EASEMENT, Page 3 of 3 Project: 11873 Parcel No: 51210449010 Date: November 17, 2005 EXHIBIT A-1 PARCEL DESCRIPTION PERMANENT EASEMENT That portion of the Southeast %a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast corner of Section 10; thence along the Easterly boundary of the Southeast % of said section, North 00"51'46" East, 301.75 feet; thence North 89"08'14" West, 25.00 feet to the Westerly prescriptive right-of-way of Ten Mile Road, the POINT OF BEGINNING; thence North 45"35'14" West, 105.58 feet; thence North 88°27'10" West, 1,452.46 feet to the Westerly boundary of the Church Subdivision; thence along said boundary, North 01'33'00" East, 692.02 feet; thence South 43.27'03" East, 28.28 feet; thence South 01 "33'00" West, 642.02 feet; thence South 88"27'10" East, 1,444.23 feet; thence South 45"35'14" East, 88.84 feet to the Westerly prescriptive right-of-way of Ten Mile Road; thence along said right-of-way, South 00"51'46" West, 41.39 feet to the POINT OF BEGINNING. Containing 1.371 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. N 8575 s t-z`tr-iso �0 qTE D F RMH/TLK:Ihc \\Boisefiles\Pubtic\ProjectManagers\PHK\11873-Black Cat\Admin\Descr1pt1ons\118730urch-Perm.doc • 0 Project: 11873 Parcel No: 51210449010 Date: November 17, 2005 EXHIBIT A-2 PARCEL DESCRIPTION TEMPORARY EASEMENT That portion of the Southeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast corner of Section 10; thence along the Easterly boundary of the Southeast %4 of said section, North 00'51'46" East, 343.14 feet; thence North 89 ° 08'14" West, 25.00 feet to the Westerly prescriptive right-of-way of Ten Mile Road, the POINT OF BEGINNING; thence North 45"35'14" West, 88.84 feet; thence North 88°2710" West, 1,444.23 feet; thence North 01 "33'00" East, 642.02 feet; thence South 88"27'00" East, 50.00 feet; thence South 01 '33-00" West, 592.02 feet; thence South 88°27'10" East, 1,413.86 feet; thence South 45'35'14" East, 60.93 feet to the Westerly prescriptive right-of-way of Ten Mite Road; thence along said right-of-way, South 00" 51'46" West, 68.99 feet to the POINT OF BEGINNING. Containing 2.434 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 8575 a �4Z" lF p F \O'r RMH/TLK: the \\Boisefiles\Public\ProjectManagers\PHK\11873-Black Cat\Admin\Descriptions\11873Church-Temp.doc December 2, 2005 AZ 05-023 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Cherry Lane Christian Church ITEM NO. 5-E REQUEST Sewer Easement for Cherry Lane Christian Church — 2511 W. Cherry Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: Tarr miTiais: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached Easement / Attachments Phone: • ADA COUNTY RECORDER AVID NAVARRO AMOUNT .00 7 BOISE IDAHO 12(15/05 QPPM DEPUTY ViAllen RECORDED— R QUEST OF III I�II�II�IIIIIIIIIIIIIIIIIIIII �� III Meridian CIV 105191335 This sheet has been added to the document to accommodate recording information. Sanitary Sewer Easement for Cherry Lane Christian Church, 2511 W. Cherry Lane. Approved by the Meridian City Council on December 6, 2005. 11 SANITARY SEWER EASEMENT • THIS INDENTURE, effective this 21 ST day of November, 2005, by the undersigned Chent/ Lane Christian Church, who maintains a mailing address of P.O. Box 671, Meridian, ID 83680, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way. across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A-1, A-2, & A-3) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. SANITARY SEWER EASEMENT, Page 1 of 2 0 • THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. By: Larry Outreach Minister Wom crpd STATE OF IDAHO) ) ss County of Ada ) On this:1&day offie.rw r2005, before me �cr,, -Q-t up A i k -P c Personally appeared c r �o0c\ c -cc\ proved to me on the basis of satisfactory evidence t6 be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the sarne_ Lp tsgg9404,ag��_�°$' r a Beneficiary: CITY OF MERIDIAN By. �- Ta r NOTARY PUBLIC FOR IDAHO My Commission Expires on III y de " eerdf Mayor ATTEST: William Berg, Jr., City ler Date approved by Council: SANITARY SEWER EASEMENT, Page 2 of 2 * 0 • STATE OF IDAHO, ) : ss. County of Ada ) i On this=dayof.G�`12? , 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. ••••0 48.0% "`?40n'1 SvuWI (SEAL) .!!O,r ••: NOTARY PUBLIC FOR IDAHO RESIDING AT: nu (lot-, arc% I MY COMMISSION EXPIRES: • �% • +� ••Es•• SANITARY SEWER EASEMENT, Page 3 of 3 0 • Project: 11873 Parcel No: 51210449010 Date: November 17, 2005 EXHIBIT A-1 PARCEL DESCRIPTION PERMANENT EASEMENT That portion of the Southeast '/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast corner of Section 10; thence along the Easterly boundary of the Southeast r/a of said section, North 00° 51'46" East, 301.75 feet; thence North 89 ° 08'14" West, 25.00 feet to the Westerly prescriptive right-of-way of Ten Mile Road, the POINT OF BEGINNING; thence North 45 ° 35'14" West, 105.58 feet; thence North 88°2710" West, 1,452.46 feet to the Westerly boundary of the Church Subdivision; thence along said boundary, North 01'33'00" East, 692.02 feet; thence South 43 ° 2703" East, 28.28 feet; thence South 01 *33'00" West, 642.02 feet; thence South 88"2710" East, 1,444.23 feet; thence South 45 ° 35'14" East, 88.84 feet to the Westerly prescriptive right-of-way of Ten Mile Road; thence along said right-of-way, South 00° 51'46" West, 41.39 feet to the POINT OF BEGINNING. Containing 1.371 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 8575 �O 9lF OF D m. RMH/TLK:Ihc \\Boisefiles\Public\ProjectManagers\PHK\11873-Black Cat\Admin\Descr1ptions\11873Church-Perm.doc • Project: 11873 Parcel No: 51210449010 Date: November 17, 2005 EXHIBIT A-2 PARCEL DESCRIPTION TEMPORARY EASEMENT • That portion of the Southeast 1/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast comer of Section 10; thence along the Easterly boundary of the Southeast 1/a of said section, North 00"51'46" East, 343.14 feet; thence North 89°08'14" West, 25.00 feet to the Westerly prescriptive right-of-way of Ten Mile Road, the POINT OF BEGINNING; thence North 45"35'14" West, 88.84 feet; thence North 88"2710" West, 1,444.23 feet; thence North 01 "33'00" East, 642.02 feet; thence South 88"2700" East, 50.00 feet; thence South 01'33'00" West, 592.02 feet; thence South 88"2710" East, 1,413.86 feet; thence South 45"35'14" East, 60.93 feet to the Westerly prescriptive right-of-way of Ten Mile Road; thence along said right-of-way, South 00'51'46" West, 68.99 feet to the POINT OF BEGINNING. Containing 2.434 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 857505, II -Z2' � �0 9rf CF N4/ D M. X00 RMH/TLK:Ihc \\Boisefiles\Public\ProjectManagers\PHK\11873-Black Cat\Admin\Descriptions\118730urch-Temp.doc - - - - - - - — — — — = = = = = = = = = �— —m-- =-- = = = = = = = = = = = = = = = = = = = . I I I I I I I I I I I I � ry^� II W O 'o e o O 0 .os .oe ma dQ aW —1 — December 2,2W5 AZ 05-023 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Cherry Lane Christian Church ITEM NO. 5-F REQUEST Permanent and Temporary Easement Contract with Cherry Lane Christian Church for Black Cat Sewer Project and Ten Mile Diversion Truck Sewer 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 Contract Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. x AGREEMENT THIS AGREEMENT is made and entered into this 10th day of February , 2005, by and between Cherry Lane Christian Church and The City of Meridian, Idaho with respect to parcel #9050 at E SIDE SE1/4SE1/4 Section 10 3N1 W as shown in Figure A. Well 27 Lot Cherry Lane Christian Church, owner of the referenced parcel, agrees to allow the City of Meridian and it's agents access to the site for the purposes of drilling and sampling a test water well, known as Well #27 Test Well. The City of Meridian agrees to pay Cherry Lane Christian Church one hundred dollars ($100.00) for the use of this property during the test drilling. The City of Meridian further agrees to the following: 1) The City will reclaim the site to a similar condition as it exists before the test well. 2) If the City does not find a viable aquifer, the City will abandon the test well. At the Cities sole discretion and based on the results obtained from Test Well #27 the City may purchase the parcel described above. If the City chooses to purchase the parcel, Cherry Lane Christian Church agrees to sell the parcel for the total purchase price of $21,000 and further agrees to cooperate with the City in completing the transaction. The City agrees to allow a cross access agreement with Cherry Lane Christian Church and to jointly agree on well house appearance. Cherry Lane Christian Church agrees to grant and coordinate an easement for a flush line to Ten Mile Creek. Well #26 Test Well - 1 of 2 L� IN WITNESS WHEREOF, the parties do execute this Agreement the day and year first above written. Cherry Lanq,�hristian Church CITY OF MERIDIAN, IDAHO IN Attest: Mayor J04 ye Weerd Well #26 Test Well - 2 of 2 X009-04-23 12:49 3400 N. Eagle Road Msrldlan,10 83848 P: 209.8985220 Q 208-898-5224 0 2573-I�ALLED RALES Tot ei) From9 Lowe's Admin Office Pon2M.- y2V Pagesa 2 Phone, C' p " y CI ' °e4"' Rea Tax Exemption Claim for CCS Govemment Agencies r ❑ Urgent ❑ For Review ❑ Please COMMent ® Please Reply O Please Recycle camnrentma I Qm faxing the form ST -1046 that the State of Idaho Tax Commission is requesting that we have on file for each Government Agency that makes a cash purchase and request that it be tax exempt. Please complete the top and bottom portion of this form for your agency and fax to Lowe's (208)898-5224. We value our customer's loyalty and apologize for any inconvenience. Thank you! P 1/2 2000-"64-23 12:50 2573-IALLED RALES P 2/2 Idaho State Tax Commission ST -104G SALES TAX EXEMPTION CLAIM for Cash Purchases by Government Agencies This form must be camplated and given to the seller by the Government Agency. m ry II QnvrnfWA edenny M dlapaitnwt nary reL/00 At, tagle City, Mote and zip Cay. ante and av ijlfJilAhIYA GfiH Af �,}u ,rM,rynl 1?xlsFrotliruJ ygrynr ITEM(S) PURCHASED PNCE ITEM(S) PURCHASED PRICE I CERTIFY THAT ALL STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, l understand that faleifica- tion of this form to evade payment of tax Is a misdemeanor and punishable by a fine up to $1,QW.00, or Imprisonment up to one (1) year, or both. +Ignmatt M pArj* je9kiap e m IL",ffi rl'int 11Rm8 Pant We What Is this forp1, used ftQr? It Is used for cash purchases by federal government agencies, the State of Idaho or its agencies, departments and political subdivisions. lTCANNQU&jU i:tl.FOR; • Lodging and meals bought by a traveling government employee; - Expenses for using a private car for which an allowance has been authorized; or • Purchases by other states, their agencies, departrnents and political subdivisions. Yes, A Form ST -104G must document each tax-exempt cash sale to a government agency, unless the buyer provides other Proof (such as a government purchase order) that the sale Is exempt. A separate form must be completed for each sale, PHOTOCOPIES ARE NOT ACCEPTABLE. To be valid, this form must be legible, complete and signed by both the government purchasing agent and the employee making the purchase. Sellers must keep completed forms with the appropriate Invoke(s) on file for at least four years. If a form is not obtained from tho buyer when a sale is made, the sale is taxablo. What If the list of Items purchagg,(j.is .too Iona for the form? If there is not enough room on the form to list Items purchased, continue on the back or use additional pagers. A separate list may be attadied to the form instead of completing the items Purchased columns on the form. $140460 7 395 December 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Epi's A Basque Restaurant ITEM NO. 5-H REQUEST Approve Wine License for Epi's A Basque Restaurant at 1115 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 Approvals Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 0 December 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT ITEM NO. 5-I REQUEST Water Main Easement Agreement for Yanke Warehouse by SJL, LLC. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Easement 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: gr 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. Im ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f BOISE IDAHO 12/2X05 10:14 AM DEPUTY Pall Thompson RECORDED -REQUEST OF III IIIIIIIIIIIII City of Meridian 105195840 WATER MAIN EASEMENT TFHS IN.DENTuR made this 16 day ofNov. , 2C 05between SJL, LLC , the parties of the first part, and, hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee, WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described, and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do, hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a waterline and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and rigbt-of-wayunto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequentconnection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area descnbed in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that -should any part of the right-of- way and easement hereby granted shall become part o4 or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become mull and void and of no fiuther effect and shall be completely relinquished- Water elinquished Water Main Easement THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR SJL, LLC Mr. WV %�; Secretary TE OF IDAHO ) ) ss County of ) On this y of , 20__,before me, the undersigned, a Notary Public in and for said State, Wally appeared and . known o ed to me to be the that executed the instrument, and acknowledged to me wat such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set i� affixed my official seal the day and year fist above written. (SEAL) NOTARY PUBLIC FOR Residing at Commission Expires: watery Main Easement EASMT W*IR STATE OF IDAHO ) ) ss County of ADA ) On this 16t' day of November, 2005, before me, the undersigned Notary Public for the state of Idaho, personally appeared LINDA L. YAMM, Managing Member of SJL, LLC, an Idaho limited liability company, the limited liability company which executed the foregoing document, known to me or identified to me to be the person whose name is subscribed to the foregoing, and acknowledged to me that he executed the same for and on behalf of the limited liability company and in its name. IN WITNESS WHEREOF, I have I day and year first above written. * "..O PUgtii,G $vc�� to set my hand and seal the My commission expires: 7/12/2007 GRANTEE: crf"Y OF MiEpMIAN Tammy de Weerd, Attest by William G. Approved By City Council on: STATE OF ]IDAHO, ss. County of Ada On this P - day d kC�MSI�. 24beforerne, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, X, 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 sad the day and year first above written. (SEAL) Water Main Easement (% -0, - .,"I o4l' NOTARY PUBLIC FOR IDAHO Residing at: C -'/'r lko, JW Commission Expires:jo:��— EA.SM'rWM n--4 .1 t Anderson Survey Groupxom `{ EXHIBIT A Legal Description Water Easement A parcel of land situated in the Southwest Quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Quarter Corner common to said Section 12 and Section 13; thence along the Center line of said Section 12, North 00000'35" West a distance of 1447.51 feet to a point on the South line of the Union Pacific Railroad right of way; thence along said South right of way North 89006'32" West a distance of 487.28 feet to the TRUE POINT OF BEGINNING; thence leaving said South right of way line South 00000'00" East a distance of 588.69 feet to a point on the North line of the Taylor Avenue right of way; thence along said North right of way North 891149'00" West a distance of 20.00 feet; thence leaving said North right of way North 00°00'00" East a distance of 588.95 feet to a point on the South line of the Union Pacific Railroad right of way; thence along said South right of way South 89003'20" East a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains 11,776.4 square feet, or 0.27 acre, more or less. End of Description Project No. 05-161 357 E. Watertower Ln., - Suite F, Meridian, ID 83642 P.288.888.7345 YANKEE WA TER EA SEMEN T EXHIBI T A MTS. POINT OF 9EGINNWC S890J'20`E WATER EASEMENT 20A0' S89'08 J2 E 487.28' I I g 1 M 1 I I YANKEE WA TER EA SEMEN T EXHIBI T A MTS. POINT OF 9EGINNWC S890J'20`E WATER EASEMENT 20A0' S89'08 J2 E 487.28' 1 g I � I 1 I � 1 1 I , I — I. 1 I I I I 1 1 � 1 , I 1 I 1 1 I 1 1 , s � I 1 } 1 � y I — — -- — — N8g', YANKEE WA TER EA SEMEN T EXHIBI T A MTS. POINT OF 9EGINNWC S890J'20`E WATER EASEMENT 20A0' S89'08 J2 E 487.28' I. City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 11/18/2005 Re: Proposed Agenda Items for 11/29/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 11/29/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Yanke Warehouse by SK, LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Yanke Warehouse by SJ L, LLC and authorize the Mayor to sign and City Clerk to attest. 2) Water Main Easement for Prospect Elementary School by Joint School District 2. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Prospect Elementary School by Joint School District 2 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 CJ WATER MAIN EASEMENT THIS INDENTURE, made this 16 day ofNov. , 20 05between SJL, LLC . the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada. County, Idaho, the parry of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described, and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will he necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described. property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities,. together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-wayunto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that -should any part of the right-of- way and easement hereby granted shall become part of, or he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof; shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WT i THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herem above written. GRANTOR: SJL, LLC :fir- .iRdrC . !se Secretary TE OF IDAHO ) ss County of ) On this y of 20before me, the undersigned, a Notary. Public in and for said State, Wally appeared and known o entified to me to be the that executed the instrument, and acknowledged to me wat such. corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my d and affixed my official seal the day and year fist above written. (SEAL) NOTARY PUBLIC FOR Residing at Commission Expires: Water Main Easement EASMT WTR 11 0 STATE OF IDAHO ) ) ss County of ADA ) On this 16' day of November, 2005, before me, the undersigned Notary Public for the state of Idaho, personally appeared LINDA L. YAMM, Managing Member of SJL, LLC, an Idaho limited liability company, the limited liability company which executed the foregoing document, known to me or identified to me to be the person whose name is subscribed to the foregoing, and acknowledged to me that he executed the same for and on behalf of the limited liability company and in its name. IN WITNESS WHEREOF, I have here day and year first above written. to set my hand -and seal the Idaho My commission expires: 7/12/2007 0 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss. County of Ada ) 0 On this day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR-, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires. Water Main Easement EASMT WTR • • RS AL Anderson Survey Group.com ., EXHIBIT A Legal Description Water Easement A parcel of land situated in the Southwest Quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Quarter Comer common to said Section 12 and Section 13; thence along the Center line of said Section 12, North 00000'35" West a distance of 1447.51 feet to a point on the South line of the Union Pacific Railroad right of way; thence along said South right of way North 89006'32" West a distance of 487.28 feet to the TRUE POINT OF BEGINNING; thence leaving said South right of way line South 00000100" East a distance of 588.69 feet to a point on the North line of the Taylor Avenue right of way; thence along said North right of way North 89049'00" West a distance of 20.00 feet; thence leaving said North right of way North 00000'00" East a distance of 588.95 feet to a point on the South line of the. Union Pacific Railroad right of way; thence along said South right of.way South 89003'20" East a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains 11,776.4 square feet, or 0.27 acre, more or less. End of Description Project No. 05-161 ��b 7314 IV. 357 E. Watertawer Ln., - Suite F. Meridian, ID 63642 P.208.888.7345 • t ^8VA6834 YANKEE WA TER EA SEMEN T EXH1Bl T A N. T.S December 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT ITEM NO. 5-1 REQUEST Water Main Easement Agreement for Prospect Elementary School by Joint School District No. 2: 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 Easement &e V-A--*' Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. AOA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 t BOISE IDAHO 121310f AMDEP1 1 I RECORDED- REQUEST OF ��� Uii111111IINlIIIlIIIIIIIlII ��� ��� City of Meridian 19519583 J WATER MAIN EASEMENT THIS INDENTURE, made this A day of 1&. 20abetween , the parties of the first part, and hereinafter called the Grantors, and the City of Meri 'an, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property; (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right -of way into the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repaumg, replacing or restonng anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR 1200 1 nf S THE GRANTORS do hereby covenant with the Grantee that they are lawfi lly seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their sib the day and year first herein above written. Secretary STATE OF IDAHO ) ) ss County of Ada ) On this l5 day of "110 �Vk log•►' 2066 before me, the undersigned, a Notary Public in and for said State, personally appeared Twt.& VLdihnr + . Trisk'i ba04 -4,,, and known or identified to me to be the president and Secretary, respectively, ofthe ca porationthat executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and aced my official seal the day and year fist above written. d NOTARY PUB C FOR IDAHO IOTA �►r Residing at `/)UL r Z Commission Expires: Zh levo 7 *"ErB use woo -1�8 P�Q �.._ OP 1119 Water Main Easement EASMT WTR LJ GRANTEE: CITY OF MERIDIAN r Tammy de Weer4 May w- Attest by William G Be& Cit§ Clerk Approved By City Council On: 1` 4#111111 m1110IN STATE OF IDAHO, : ss. County of Ada ) On this day ofWe -t , 20(ikbefore me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR, ]mown 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 w.nitten. (SEAL) ffi 1 NOTARY PUBLIC FOR IDAHO Residing at:aak)e �Do� Commission Expires: /O Water Main Easement EASMT WTR .PRO �.�.r..1.. Jv... .- 0 • LEGAL DESCRIPTION FOR PROSPECT ELEMENTARY WATER LINE EASEMENT A portion of Havasu Creek Subdivision No. 4 located In a portion of the North 1/2 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEAR/NGS. The West porton of the South boundary line of Havasu Creek Subdiv/sion No. 4 taken as South 84°2232" West. BEGINNING at a point on the West boundary line of said Havasu Creek Subdivision No. 4 from which the Southwest boundary comer of said Subdivision bears South 02°3246" West a distance of 44.13 feet; thence along said West boundary, North 02'3246' East a distance of 20.03 feet thence leaving said West boundary, South 84°19'41" East a distance of 320.99 feet; thence North 05037'28" East a distance of 21.38 feet; thence South 84°19'41" Fast a distance of 20.00 feet; thence South 05"37'28' West a distance of 21.38 feet; thence South 84°19'41" East a distance of 98.51 feet, thence, North 05°1646" East a distance of 258.27 feet; thence North 05°58'14" West a distance of 43.54 feet; thence North 34°22'32" West a distance of 219.14 feet; thence North 8402232" West a distance of 108.06 feet; thence South 65050'08" West a distance of 4.25 feet, thence South 24°09'52" East a distance of 16.96 feet; thence, South 654'52'35" West a distance of 20.00 feet; thence North 24009'52" West a distance of 16.95 feet; thence South 65050'08" West, to a point on the West boundary line of said Havasu Creek Subdivision No. 4, a distance of 287.89 feet; thence along said West boundary, from a tangent which bears North 21036'08" West, along a curve to the right with a radius of 769.00 feet and a central angle of 01 °29'34" an arc length of 20.03 feet (with a chord bearing of North 20"51'21" West, and a chord distance of 20.03 feet); thence leaving said West boundary, North 65050'08" East a distance of 316.31 feet; thence South 8402232" East a distance of 122.71 feet; thence South 34922'32' East a distance of 233.53 feet; thence South 05958'14' East a distance of 18.03 feet; thence North 84001'46" Fast, to a paint on the East boundary line of said Havasu Creek Subdivision No. 4, a distance of 25.70 feet; thence along said East boundary, South 23'28'20" East a distance of 33.72 feet; thence leaving said East boundary, South 84001'46" West a distance of 35.76 feet; thence South 05°1946" West a distance of 280.76 feet; thence North 84"19'41" West a distance of 458.54 feet to the POINT OF BEGINNING. Said parcel contains an area of approximately 30,184 square feet 0._9 acres. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 3514th Avenue South Nampa, Idaho 83651 (208) 465-5687 Z084BB66� T -M P.008/008 F-82$ ANN ol 0 i 0 City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 11/18/2005 Re: Proposed Agenda Items for 11/29/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 11/29/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Yanke Warehouse by SJL LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Yanke Warehouse by SJL, LLC and authorize the Mayor to sign and City Clerk to attest. 2) Water Main Easement for Prospect Elements School by Joint School District 2. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Prospect Elementary School by Joint School District 2 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this day of . 20 between . the parties of the first. part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the parry of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WI[EREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and A acent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR L� THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. rrv-�iunu� Secretary STATE OF IDAHO ) ) ss County of Ada ) On this lekk day of. -710 U AJO.06' , 20 b' before me, the undersigned, a Notary Public in and for said State, personally appeared Jug- VLd1f Kr,+ , Tri sin baWLCA,1',- and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ��66�q g9 D a a a1"r41 Rol AS • *OTA1�r tk o•o I'�8 LtG �._ F I_ NOTARY PUBLIC FOR IDAHO Residing at '7i'1�. u 1 %, vj :: � Commission Expires: X%IA% Water Main Easement EASMT WTR GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, M County of Ada On this day of 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMF WTR LEGAL DESCRIPTION FOR PROSPECT ELEMENTARY WATER LINE EASEMENT A portion of Havasu Creek Subdivision No. 4 located in a portion of the North 1/2 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho: Being further described 'as follows: BASIS OF BEARINGS. The West portion of the South boundary line of Havasu Creek Subdivision No. 4 taken as South 8402232" West. BEGINNING at a point on the West boundary line of said Havasu Creek Subdivision No. 4 from which the Southwest boundary comer of said Subdivision bears South 0203246" West a distance of 44.13 feet; thence along said West boundary, North 0203246" East a distance of 20.03 feet thence leaving said West boundary, South 84°19'41" East a distance of 320.99 feet; thence North 0503T28" East a distance of 21.38 feet; thence South 8401941" East a distance of 20.00 feet; thence South 0503T28" West a distance of 21.38 feet; thence South 84019'41" East a distance of 98.51 feet; thence North 05016'46" East a distance of 258.27 feet; thence North 05058'14" West a distance of 43.54 feet; thence North 34'22'32" West a distance of 219.14 feet; thence North 84°22'32" West a distance of 108.06 feet; thence South 65050'08" West a distance of 4.25 feet; thence South 24009'52" East a distance of 16.96 feet; thence South 6505235" West a distance of 20.00 feet; thence North 24009'52" West a distance of 16.95 feet; thence South 65°50'08" West, to a point on the West boundary line of said Havasu Creek Subdivision No. 4, a distance of 287.89 feet; thence along said West boundary, from a tangent which bears North 21 036'08" West, along a curve to the right with a radius of 769.00 feet and a central angle of 01 029'34" an arc length of 20.03 feet (with a chord bearing of North 20°51'21" West, and a chord distance of 20.03 feet); thence leaving said West boundary, North 65050'08" East a distance of 316.31 feet; thence South 84022'32" East a distance of 122.71 feet; thence South 34022'32" East a distance of 233.53 feet; thence South 05°58'14" East a distance of 18.03 feet; thence North 84001'46" East, to a point on the East boundary line of said Havasu Creek Subdivision No. 4, a distance of 25.70 feet, thence along said East boundary, South 23028'20" East a distance of 33.72 feet; thence leaving said East boundary, South 84001'46" West a distance of 35.76 feet; thence South 05016'46" West a distance of 280.76 feet; thence North 84019'41" West a distance of 458.54 feet to the POINT OF BEGINNING. Said parcel contains an area of approximately 30,184 square feet 0.9 acres. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895` Timberline Surveying 3514th Avenue South a Nampa, Idaho 83651 ;�-® . (208) 465-5687 �� NOV-01-2005 11:28AM FROM -Timberline Surveying, PLLC lo1a olr? T r ,,,,,,z� t v� ti 1 1 • 2084655690 T-405 P-003/003 F-325 � e• 0 December 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT ITEM NO. S -K REQUEST Award of Bid for Installation of Wastewater Treatment Plant Yard Fence to Meridian Fence Co.: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Memo CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: _ Q/ 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 Mills, Staff Engineer CC: File Date: 11/22/2005 Re: Proposed Agenda Item fbC November 29, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the November 29 City Council agenda, under Consent Agenda, for Council's consideration: Installation of Wastewater Treatment Plant Yard Fence One Bid was received for this project as follows: Meridian Fence Co. $13,370.00 This bid addresses the need to move and replace an existing fence at the Wastewater Treatment Plant. The bid includes removal of existing fence and replacement with new fence with barbed wire. The attached sheet shows the bid details. Recommended Council Action: The Public Works Department recommends that City Council approve the contract for the Installation of Wastewater Treatment Plant Yard Fence with Meridian Fence Co. 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 • Document size: 8.5"x11 " ,RyFRIVAN FENCE CiQ. 702 W. FranMin Rd. Meridian, Id. 83642 Phone (208)888-6131 ♦ F= (208)88"131 FAX TRANSMITTAL Qom. 9-z z -os- Total Pages Scanned : 1 Total Pages Confirmed : 1 No. I Job Remote Station Start Time Duration Pages Line Mode Job Type Results FO -0-1-7230 208 888 6131 12:53:47 p.m. 09-22-2005 00:00:27 111 11 EC HS CP14400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fail RP: Report EC: Error Correct • December 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 E APPLICANT ITEM NO. S -L REQUEST Wells 26 and 20B Control System Installation Contract by Custom Electric: 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 Memo / Contract Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • Memo To: Will Berg; Tara Green From: Jon Mills, Staff Engineer CC: File Date: 11/22/2005 Re: Proposed Agenda Item for November 29, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the November 29 City Council agenda, under Consent Agenda, for Council's consideration: Wells 26 & 20B Control System Installation by Custom Electric This contract reflects the bid for Well 26 & 27 Control System Installation approved by City Council on October 25. Well 27 is not yet under construction, so will not need control system installed yet. The Expansion of Well 20 is currently under construction and needs such a system. Therefore, the Contract will be for installation of control systems at Well 26 and Well 20B. The bid price will not change. Recommended Council Action: The Public Works Department recommends that City Council approve the contract for Wells 26 & 20B Control System Installation 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 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the day of in the year 2005 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Custom Electric (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes installation of telemetry at City of Meridian Water Well 26 and telemetry at Well 20B. The Project for which the Work under the Agreement is described as follows: Wells 26 & 20B Control System Installation All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within thirty (30) days (calendar days) from the date when the Contract Time commences to run for each well. Time is of the essence and schedules should be coordinated with the contractor constructing each well. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: Total Contract Price is $18,620.00. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 150' day of each month during construction for Applications submitted to the Public Works Department prior to the 1 st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 11/21/2005 Page Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement — N/A. 8.3 Information For Bidders — N/A. 8.4 Drawings — N/A. 8.5 CONTRACTOR's Quote —10/18/2004. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 11/21/2005 Page 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on , 2005. Owner CITY OF MERIDIAN Contractor: Custom Electric By: By Name: Mayor De Weerd Attest: Name: William Berg, Jr. City Clerk City Council Approval : 10/25/2005 11/21/2005 Page 3 .. I OCT -20-2005 THU 06:25 AM A CUSTJ,ELECTRIC a S OCT 20 '05 07:40 I m � 208 365 2768 li 8 0 o p 208 365 2768 4 Q PAGE. 02 P, 002/002 U STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the day of in the year 2005 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Custom Electric (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes installation of telemetry at City of Meridian Water Well 26 and telemetry at Well 20B. The Project for which the Work under the Agreement is described as follows: Wells 26 & 20B Control System Installation All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within thirty (30) days (calendar days) from the date when the Contract Time commences to run for each well. Time is of the essence and schedules should be coordinated with the contractor constructing each well. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: Total Contract Price is $18,620.00. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15'h day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 11/21/2005 Page 0 . Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or famishing of the Work 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement — N/A. 8.3 Information For Bidders — N/A. 8.4 Drawings — N/A. 8.5 CONTRACTOR's Quote —10/18/2004. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 11/21/2005 Page W. 0 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on 2005. Owner CITY OF MERIDIAN Contractor. Custom Electric By: By Name: Mayor De Weerd Attest: Name: William Berg, Jr. City Clerk City Council Approval: 10/25/2005 11/21/2005 Page 3 OCT -20-2005 THU 06:25 APS d 0 CUSTJ,ELECTRIC 4i 208 365 2768 I m Al T CCT 20 '05 07:40 208 365 2769 PAGE.02 P. 002/002 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the day of in the year 2005 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Custom Electric (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes installation of telemetry at City of Meridian Water Well 26 and telemetry at Well 2013. The Project for which the Work under the Agreement is described as follows: Wells 26 & 20B Control System Installation All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within thirty (30) days (calendar days) from the date when the Contract Time commences to run for each well. Time is of the essence and schedules should be coordinated with the contractor constructing each well. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: Total Contract Price is $18,620.00. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1 st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 11/21/2005 Page Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement — N/A. 8.3 Information For Bidders — N/A. 8.4 Drawings — N/A. 8.5 CONTRACTOR's Quote — 10/18/2004. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 11/21/2005 Page 2 0 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on 92005. Owner CITY OF MERIDIAN Contractor. Custom Electric By: By Name: Mayor De Weerd Attest: Name: William Berg, Jr. City Clerk City Council Approval: 10/25/2005 11/21/2005 Page OCT -20-2005 THU 06:25 All CUSTO LECTRIC O8 365 2768 P-002/002 d 0 0 LIE OCT 20 '05 07:40 I m A-1 8 0 0 0 208 365 2768 PAGE. 02 0 December 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT ITEM NO. 5-M REQUEST Public Pathway Easement for the North Slough Pathway in Saguaro Canyon Subdivision by Farwest, L.L.C.: 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 Memo / Easement Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Sharon Smith / Tara Green, Clerk's Office Rei i 1-� X005 From Brad Hawkins -Clark ' s r 1`0 E R I ®IA N CC: Doug Strong, Parks Dept., - Ted Baird, Legal Dept Project File (Saguaro Canyon No.1 FP) Dabs: November 23, 2005 Re: Saguaro Canyon Pathway Easement — City Council Consent Agenda Sharon and Tara, Attached please find a Public Pathway Easement for a new pathway in Saguaro Canyon Subdivision that needs to be approved by City Council and signed by the Mayor and Will Berg. The easement has already been signed by the developer, Marty Goldsmith. The Planning, Parks and Legal Departments have reviewed and approved the agreement and exhibit. Please place the easement on the next available City Council consent agenda. Once signed and notarized, please have the easement recorded at the County Recorder's Office. Copies of the recorded easement need to be sent to the following: Farwest LLC (Justin Martin) Planning Department Public Works Department Parks & Recreation Department Clerk's Office (for official final plat file) 1 ADA COUNTY RECORDER DAVID NAVARRO AMOUNT .00 BOISE IDAHO 12115/05 PM DEPUTY Viki Allen RECORDED —REQUEST OF III I IIIIIIIIIIIIIIIIII IIIIIIIII ��� III Meridian City 105191336 PUBLIC PATHWAY EASEMENT This agreement made and entered into on this 22AJ' day of W19ye,& b&L-, , 2005, between Farwest LLC, an Idaho Limited Liability Company, whose address is 4487 N. Dresden Place, Ste.102, Garden City, Idaho 83714, hereinafter referred to as "Grantor", and City of Meridian, an Idaho Municipal Corporation, whose address is 33 East Idaho Street, Meridian, Idaho 83642, hereinafter referred to as "Grantee". WHEREAS, Grantor is the owner of a development on which a portion of the North Slough Pathway is located within Saguaro Canyon Subdivision No. 2, and which is more specifically described in Exhibit A and incorporated herein by this reference. WHEREAS, the Grantee required as a condition of approval, that the Grantor convey easement of the pedestrian pathway known as the North Slough Pathway within its development to the Grantee. NOW, THEREFORE, Grantor hereby grants to Grantee, an easement for the Pathway for the construction, maintenance, use, repair, and operation thereof and which pathway is more specifically described in Exhibit A and incorporated herein by this reference. The Grantee shall be permitted to make the pathway available to the public without charge for recreational uses as contemplated by Idaho Code §36-1604. The authorized uses of the pathway are limited to walking, jogging, inline skating, riding bicycles, and other human powered devices, no non -human -powered vehicles or devices shall be allowed, except access by handicapped persons with motorized wheelchairs or PUBLIC PATHWAY EASEMENT AGREEMENT PAGE 1 OF 4 E • comparable equipment for access by handicapped persons only. Authorized uses shall not include horseback riding, hunting, or the use of motorized vehicles except for necessary access by law enforcement and emergency response personnel or for construction, maintenance or repair work by the City of the pathway or related improvements. The Grantee shall make reasonable efforts to enforce its anti -littering ordinances, provide waste receptacles, and take other reasonable actions within its authority to prevent litter, trash or other material to gather or be deposited on or along the pathway authorized pursuant to this agreement In the event any entity requires a license agreement with the Grantee regarding the pathway, if the pathway is to be maintained by the Saguaro Canyon Homeowner's Association and not Grantee, then said Homeowner's Association, as the successor to Grantor regarding ownership and maintenance of common areas, shall enter into an indemnity agreement with Grantee regarding Grantee's maintenance and liability responsibilities. Any and all notices shall be hand delivered or, if sent by mail, shall be certified, postage prepaid, return receipt requested, addressed to the parties as follows: GRANTOR: GRANTEE: 1?arwest LLC City of Meridian 4487 N. Dresden pl., Ste. 102 33 East Idaho Meridian, ID 83680 Meridian, Idaho 83642 This Easement shall be perpetual from the Grantor, its heirs, its successors or assigns, to the Grantee. This Easement shall be binding upon the Grantor, its successors and assigns, and inure to the benefit of the Grantee and its successors and assigns, and shall run with the land. PUBLIC PATHWAY EASEMENT AGREEMENT PAGE 2 4F 4 i • IN WITNESS WHEREOF, the parties hereto have executed this North Slough Lateral Pathway Easement the day and year first above written. GRANTOR: FARWEST, LLC By:,rd Marty GIDIdUtg Member GRANTEE: CITY OF MERIDIAN By: Mayor Tammy \1,111111. Ilia yis�`/ �p s s� By � X42 =- William G. Berg, Jr., PUBLIC PATHWAY EASEMENT AGREEMENT PAGE 3 OF 4 VilerSEEAL p f, 12-6 ej `a STATE OF IDAHO, ) ss: County of A &0 On this �,'L"=� day of W O V t"tr , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known or identified to me to be a member of Farwest, LLC, and whose name is subscribed to the within instrument, and acknowledged to me that they executed the same for Farwest, LLC. IN WITNESS WHEREOF, i have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO, ) : ss: Notary Public for Idaho Residing at: My Commission xpi : County of Ada, ) ��� e� On this ' ` day of 1.(' �i�P/( , 2oa, before nue, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. #44-0 V-4,0AA � 4.,ko" 9"Isr Notary Public for Idaho Residing at: rrLe.ttrx Jct '•�s?9�'`��, ••• My Commission Expires: • PUBLIC PATHWAY EASEMENT AGREEMENT PAGE 4 OF 4 *C-XH19 )1 - ,ft • DESCRIPTION FOR CITY OF MERIDIAN PATHWAY EASEMENT SAGUARO CANYON SUBDIVISION NO.2 November 16, 2005 CITY OF MERIDIAN PATHWAY EASEMENT, LYING IN PROPOSED SAGUARO CANYON SUBDIVISION NO.2, LOCATED IN SECTION 30, TOWNSHIP 4 N, RANGE 1 E, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER 1/4 CORNER OF SECTION 30, T. 4N., R 1E., B. M., WHICH BEARS S 89053'36" E 1098.69 FEET AND S 89'54'41" E 1317.74 FEET ALONG THE CENTER OF SECTION LINE FROM THE W 114 CORNER OF SAID SECTION 30; THENCE S 31 °22'13" W 1284.05 FEET TO THE BEGINNING POINT OF THIS EASEMENT; SAID EASEMENT BEING 10.00 FEET IN WIDTH, CENTERED ALONG THE FOLLOWING LINE: THENCE ALONG A CURVE TO THE RIGHT 147.02 FEET, SAID CURVE HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 21003'30", TANGENTS OF 74.35 FEET, AND A CHORD BEARING S 89°3(Y33" E 146.19 FEET TO A POINT OF TANGENCY; THENCE S 78058'48" E 39.47 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 137.03 FEET, SAID CURVE HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 19°37'41", TANGENTS OF 69.19 FEET, AND A CHORD BEARING S 88°47'38" E 136.36 FEET TO A POINT OF TANGENCY; THENCE N 81 °23'31" E 104.99 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 121.83 FEET, SAID CURVE HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 17°27'03", TANGENTS OF 61.39 FEET, AND A CHORD BEARING S 8905258" E 121.36 FEET TO A POINT OF TANGENCY; THENCE S 81 °09'26" E 12.65 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE RIGHT 89.29 FEET, SAID CURVE HAVING A RADIUS OF 147.50 FEET, A CENTRAL ANGLE OF 34041'02", TANGENTS OF 46.06 FEET, AND A CHORD BEARING N 05°22'53" E 87.93 FEET TO A POINT OF TANGENCY; THENCE N 2204324" E 9.75 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 76.92 FEET, SAID CURVE HAVING A RADIUS OF 102.50 FEET, A CENTRAL ANGLE OF 42°59'56", TANGENTS OF 40.37 141006-PATH-EASE.DOC 0 • FEET, AND A CHORD BEARING N 01-13'27" E 75.13 FEET TO A POINT OF TANGENCY; THENCE N 20016'31" W 21.86 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 66.48 FEET, SAID CURVE HAVING A RADIUS OF 97.50 FEET, A CENTRAL ANGLE OF 3900359", TANGENTS OF 34.59 FEET, AND A CHORD BEARING N OW44'32" W 65.20 FEET TO A POINT OF TANGENCY; THENCE N 18047'28" E 22.99 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 56.94 FEET, SAID CURVE HAVING A RADIUS OF 77.50 FEET, A CENTRAL ANGLE OF 42°05'50", TANGENTS OF 29.82 FEET, AND A CHORD BEARING N 02°15'27" W 55.67 FEET TO A POINT OF TANGENCY; THENCE N 2318'22" W 14.39 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 56.56 FEET, SAID CURVE HAVING A RADIUS OF 47.50 FEET, A CENTRAL ANGLE OF 68013'05", TANGENTS OF 32.17 FEET, AND A CHORD BEARING N 10°48'10" E 53.27 FEET TO A POINT ON A TANGENT; SAID EASEMENT BEING 0.00 FEET IN WIDTH ALONG THE FOLLOWING LINE: THENCE N 33014'58" E 70.44 FEET TO A POINT; SAID EASEMENT BEING 10.00 FEET IN WIDTH, CENTERED ALONG THE FOLLOWING LINE: THENCE N 0004602" W 2.73 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 27.87 FEET, SAID CURVE HAVING A RADIUS OF 65.96 FEET, A CENTRAL ANGLE OF 24°12`29", TANGENTS OF 14.15 FEET, AND A CHORD BEARING N 11°1530" E 27.66 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT 20.58 FEET, SAID CURVE HAVING A RADIUS OF 31.19 FEET, A CENTRAL ANGLE OF 37"48'48", TANGENTS OF 10.68 FEET, AND A CHORD BEARING N 04°27'20" E 20.21 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 24.12 FEET, SAID CURVE HAVING A RADIUS OF 72.70 FEET, A CENTRAL ANGLE OF 19000'38", TANGENTS OF 12.17 FEET, AND A CHORD BEARING N 07005!00"W 24.01 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT 82.70 FEET, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 4723'02", TANGENTS OF 43.88 FEET, AND A CHORD BEARING N 21°16'12" W 80.36 FEET TO A POINT OF TANGENCY; '141006-PATH-EASE.DOC THENCE N 44°57'43" W 21.79 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 31.36 FEET, SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 89°53'42", TANGENTS OF 19.96 FEET, AND A CHORD BEARING N 00°00'52" W 28.28 FEET TO A POINT OF TANGENCY; THENCE N 4405559" E 39.49 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 73.05 FEET, SAID CURVE HAVING A RADIUS OF 64.98 FEET, A CENTRAL ANGLE OF 64°24'51", TANGENTS OF 40.93 FEET, AND A CHORD BEARING N 13036'23" E 6G.26 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 73.23 FEET, SAID CURVE HAVING A RADIUS OF 110.38 FEET, A CENTRAL ANGLE OF 38000`39', TANGENTS OF 38.02 FEET ,AND A CHORD BEARING N 0100641" E 71.89 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT 50.30 FEET, SAID CURVE HAVING A RADIUS OF 135.83 FEET, A CENTRAL ANGLE OF 21013'02", TANGENTS OF 25.44 FEET, AND A CHORD BEARING N 12°41'23" E 50.01 FEET TO A POINT OF TANGENCY; THENCE N 00°00'00" E 27.37 FEET TO A POINT; THENCE N 00003'17" W 39.25 FEET TO THE ENDING POINT OF THIS EASEMENT, WAYNE K. BARBER, \4I 006-PATH-EASE.DOC P.L.S. 8444 I_ Li I� I� I ► � I t- 1 I t ( L COY 1 � -► I I ' FAT 1 I R� �A�Y�N 1/4 CORJ:7_ J- H- . I I I I 1 ( �.",ti� 1/4 Imi I I I si i — ��JCJ41 E 1317.74 —1 69 REVISION : BY: SHEET : 1 or 1 ATtIWAY ---i CI'iY OF kEfttDWN I I PATHWAY Nr I 1 �! I-,(- /f t 1 i� r - e_G:NNM FOINr ` �1 _1_ S RS C$ANIYU N — MY OF 6 ERVAN �" # S U B D. N A 2 I— 1 PA MY EASHNENT +• �+ am s' -" r r +r 1 _1 L-BDIV O CANYON SL•BDIYrs.'{NC h"0. 2 17� F F-1-1— J 1— r--- - - - - - -- f CITY OF MERIDIAN PATHWAY EASEMENT PROPOMM SAGUARO CANYON SUB. EXHIBIT DWG DAM DWG No. SCRLE: 1i/16/05 DPM 41019 i"= 300' BRIGGS ENGNERING, INC. ENGINEERS PL4N9ERS SURVEYORS ED W. GVE81I,.WD RW . tai, SM 8370 ' (M8)344-970 hese oroainrs. or any portisn thereof, shall aot be use or any Pnije.t a• emensont d this Frojest except oy wrAw. 56"z Enq:neerim, In: i December 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 0 APPLICANT ITEM NO. 5-N REQUEST Agreement for Professional Services for TN -C Design Guidelines with McKibben and Cooper Architects: 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: Stt 6tflackkj, MCM0 AVjj-yvwn-� Contacted: Date: Phone: Emailed: Waff inmais: Materials presented at public meetings shall become properly of the City of Meridian. — i 1 11611 T« Mayor, City Council Frons Anna Canning, Planning Director cc: Dao December 1, 2005 Ree Contract with McKibben + Cooper Architects The Planning Department is requesting approval of an Agreement for Professional Services with Sherry McKibben of McKibben + Cooper Architects in the amount of $5,200.00 for preparation of Design Guidelines for the Traditional Neighborhood Center District and Old Town commercial areas. Design Guidelines for the Traditional Neighborhood Center District, and Old Town commercial areas which are outside of the downtown core, have been in the Planning Departments work program for several years. This is not a budgeted item, but has been anticipated to come from the general Professional Services budget for some time. Please refer to Exhibit A of the attached Professional Services Agreement for the Scope of Work and anticipated timeline of the project 0 AGREEMENT FOR PROFESSIONAL SERVICES 0 THIS AGREEMENT, made this 22nd day of November, 2005, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Sherry McKibben doing business as McKibben + Cooper Architects, hereinafter referred to as "CONSULTANT", whose business address is 515 W. Hays Street, Boise, Idaho, 83702. 1. Scope of Services: CONSULTANT shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2006 [NOTE. should be no later than the end of the current fiscal year] unless earlier terminated or extended. 3. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by CONSULTANT, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, CONSULTANT shall maintain Workers Compensation Insurance, in the statutory limits as required by law. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. PROFESSIONAL SERVICES AGREEMENT — page 1 of 5 0 4. Independent Contractor: In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: CONSULTANT shall be compensated for professional services pursuant to and specified in attached Exhibit "A." 6. Method of Payment: CONSULTANT will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month or upon completion of the scope of services. The CITY will pay all invoices within thirty (30) days after receipt. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Sherry McKibben McKibben + Cooper Architects 515 W. Hays Street Boise, Idaho 83702 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder PROFESSIONAL SERVICES AGREEMENT — page 2 of 5 • shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT's compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this PROFESSIONAL SERVICES AGREEMENT — page 3 of 5 • 0 Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is -in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CONSULTANT i PROFESSIONAL SERVICES AGREEMENT — page 4 of 5 • 0 CITY OF MERIDIAN l„.,TAMMY YOR ,..� Attest: / e5' �ry �� �� ' ✓ �k/+�G� l2 �6'�✓r a WILLIAM G. BERG, JR., 9ITY I�L 2> IS' vq��®Q999lno 0A6B9g4`Q��9 PROFESSIONAL SERVICES AGREEMENT — page 5 of 5 Exhibit A Scope of Services: The scope of services is to use the basic configuration concepts from the Design Guidelines for the Downtown Core, and generate Design Guidelines for the Traditional Neighborhood Center District and Old Town commercial areas. The same approximate length of document is anticipated, using some of the same photos and adding new ones. Emphasis will be placed on site design and layout, with less emphasis on specific architectural standards than in the Downtown Design Guidelines. Included elements of the Design Guidelines will include, but are not limited to, public and private streetscapes, setbacks, landscaping, building bulk and height and parking standards. A citizen committee for input on the Design Guidelines will be assembled by the Planning Department and attendance at approximately six hours of committee meetings (three meetings at two hours each) will be included. Miscellaneous meetings with staff and two public hearings will also be included. The document will be in Microsoft Word. Anticipated Timeline: November 30, 2005: Signed Contract Second Week of December, 2005: First Committee Meeting First Week of January, 2006: Second Committee Meeting Third Week of January, 2006: Final Committee Meeting Last Week of February, 2006: Completed Document for Public Hearing March 1, 2006: Completed application turned in to Planning Department May/June 2006: Public Hearings June 2006: Adoption Fees: Preparation of preliminary draft, including meetings 48 hours @65.00/hr. ay. = $3120.00 Preparation of revised draft, including meetings 16 hours @65.00/hr. ay. = $1040.00 Preparation of final draft 6 hours @65.00/hr. ay. = $ 390.00 3 Committee Meetings 6 hours @65.00/hr. ay. = $ 390.00 2 Public Hearings 4 hours @65.00/hr. ay. = $ 260.00 Total: $5200.00 The above fee does not include reimbursable expenses. Reimbursable expenses in this case would include only reproduction and material costs. Reimbursable expenses for reproduction and material costs will require prior approval from the Planning Department for items which exceed $100. Sign CONSULTANT 0 • December 2,2W5 RZ 05-" MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Hawkins Companies ITEM NO. 5-0 REQUEST Development Agreement: Request for a Rezone of 2.61 acres from R-4 to C -G zone for Walgreens by Hawkins Companies — 3150 W. Cherry Lane: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached Development Agreement Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. AMOUNT 00 ,26" ADA COUNTY RECORDER J. DAVID NAVARRO yn BOISE IDAHO 015105 0 PM I' • DEPUTY Vicki Allen W 0 �II RECORDED REQ 105191338 Meridian City This sheet has been added to document to accommodate recording information. DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Idaho Conference of Seventh-Day Adventists, Inc., Owner 3. Hawkins Companies, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of Nore2005, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Idaho Conference of Seventh-Day Adventists, Inc., an Idaho nonprofit, religious corporation, hereinafter called "OWNER" and Hawkins Companies, hereinafter called "DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNER" 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 "Owners" and/or "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 re -zoning of land; and 1.4 WHEREAS, "Owners" and/or "Developer" has submitted an application for re -zoning of the "Property's" described in Exhibit A, and has requested a designation of (C -G) General Retail District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" and/or "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested re -zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 1 OF 11 0 0 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 9h day of August, 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" and/or "Developer" to enter into a development agreement before the City Council takes final action on re -zoning designation; and 1.9 "OWNER" and/or "DEVELOPER" deem it to be in their best interest to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Owner" and/or "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 Agreement, herein being established as a result of evidence received by the "City" in the proceedings for re -zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 2 OF 11 3.1 "CITY": means and refers to the City of Meridian, a parry 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": means and refers to Idaho Conference of Seventh-Day Adventists, Inc., an Idaho nonprofit, religious corporation, , whose address is 7777 Fairview Avenue, Boise, ID 83704, the party who owns the said "Property" and shall include any subsequent owner(s) of the "Property". 3.3 "DEVELOPER": means and refers to Hawkins Companies, whose address is 8645 West Franklin Road, Boise, ID 83709, the party developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C -G (General Retail and Service Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 which are herein specified as follows: Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in the C -G zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this RZ 05-008 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 3 OF 11 0 0 5.1 "Owner" and/or "Developer" shall develop the "Property" in accordance with the following special conditions: 1. That 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). 2. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. That all future uses on the Property shall be required to obtain a .Conditional Use Permit prior to construction/operation, provided, however, that the Findings attached hereto as Exhibit B find that the requested C -G zoning designation and subsequent retail use with a drive- through is consistent with the definition of the C -G zone. 4. That the hours of operation on this property shall be limited to 6 a.m. to 11 p.m., unless otherwise modified through a future Conditional Use Permit. 5. That vehicular access to this site shall be restricted to those approved by ACHD and the City, in accordance with the Findings. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" and/or "Developer" or "Owner" and/or "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. 7. CONSENT TO REVERSAL OF ZONING DESIGNATION: "Owner" and/or "Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and/or "Developer" and if the "Owner" and/or "Developer" fails to cure such failure within six (6) months of such notice. DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 4 OF 11 0 0 8. INSPECTION: "Owner" and/or "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Owner" and/or "Developer", "Owner" and/or "Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Owner" and/or "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" and/or "Developer's" cost, and submit proof of such recording to "Owner" and/or "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 re -zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance re -zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner" and/or "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. DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 5 OF 11 0 0 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" and/or "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 parry shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and/or "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "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" and/or "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and/or "Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to reversal of zoning if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 6 OF 11 0 0 deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER: DEVELOPER: Hawkins Companies 8645 West Franklin Road Boise, ID 83709 Idaho Conference of Seventh-Day Adventists, Inc. 7777 Fairview Avenue Boise, ID 83704 Attn: Donald Klinger with copy to: Skinner Fawcett P.O. BOX 700 Boise, ID 83701 Attn: Henry Rudolph 16.1 A parry shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 7 OF 11 0 0 separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. 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 parry so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" and/or "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" and/or "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" and/or "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and/or "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" and/or "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". 21.1 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 DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 8 OF 1 l designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with re- zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Attest: CITY CLERK DEVELOPER: 00, 7 14jrWdAe4s,7c-ejo ANIES OWNER: 1�) 6 " �-,A C -dA -'may IDAHO CONFERENCE OF SE NTH -DAY ADVENTISTS, INC., Owner CITY OF MERIDIAN Uri 0 DEVELOPMENT AGREEMENT (RZ 05-0(1ejl� PA IM STATE OF IDAHO, ) ss: County of Ada, ) On this , day of op , 2005, before me, the undersigned, a Notary Public in and for said State, personally appearedss �(,c.� ra,•Lre on behalf of Hawkins Companies, known or identifie to me to W the Wftnoeii" AdwA of said company, who executed the instrument on behalf of said company, and ac wledged 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) • �kOTARr Z �'vBLtc STATE OF IDAHO���""'��� ss: County of Ada, ) e •s � Notary Public fbf Id o o•` Residing at: (, A bMy Commission Expires: (� • •Z.p �(� On this day of N010 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared bwAM A - Ki 6 n- on behalf of Idaho Conference of Seventh-Day Adventists, Inc., known or identified to me to be the f of said corporation, who executed the instrument on behalf of said corporation, a d 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) �' ® ► A scd �l/lL1C ; O •PZ•` O F OO.70 /-Zvs�- , t-, -e�. Notary Publ for Id Residing at: My Commission Expires: DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 10 OF 11 STATE OF IDAHO ) : ss County of Ada ) On this day of wL , 2005, before me, allotary 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) Sh AA Notary Public for Idaho Residing at: mAL& Commission expires: I�j=�(� DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS PAGE 11 OF 11 Walgreens on Ten Mile Road RZ-05-008 Legal Description yc IDAHO 1430 E=%%tena ier c_ SURVEY Swim ISO GROUP Mcridaa. Idako ai44? Phone Ilaq Msam r -XX t2a8r M-5399 Project No. 05-013 April 15, 2oo5 DESCRIPTION FOR TEN MILE AND CHERRY LANE PARCEL RI< -ZONE HAWKINS COMPANIES A parcel Of land boated in the SW1/4 of the SW1/4 of Section 2. T.3N., R.iW., B.M.. Meridian, Ada County, Idaho more particularly described as follows: BEGINNING at the SW comer said Section 2: thence along the West boundary line of said Section 2 North 00019107" East, 345.50 feet; thence leaving Bald East boundary line South 88°38'31" East, 317.30 feet: thence South 00°19'07'" West, 50.00 feet; thence South 88°313.31- East, 100.00 feet: thence South 00°99'07- West 295,50 feet to a of said Section 2; Point on the South boundary line thence along the South boundary line of said Section 2 North 88°38131' West, 417.50 feet to the REAL POINT OF BEGINNING. containing 3.20 acres, more or less. Prepared by. Idaho Survey Gra , P -C. {f<. Gregory G. Carter, P.L.S. �'� �'�Ms Ycr,c,Pe �''fllr�ppoaunmf9ti20NINGDESGdpC d.d Bees•vse laaar Del d61=b0 so st jaw FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Rezone of 3.2 Acres from R-4 to C -G AND Conditional Use Permit Approval for a New 14,490 Square -Foot Retail/Pharmacy Building with Two Drive - Through Lanes, by Hawkins Companies. Case No(s). RZ-05-008, CUP -05-029 For the City Council Hearing Date of: August 9, 2005 A. Findings of Fact I. 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 (3001) of the external boundaries of the property. The notice of public hearing 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 Code §67- 6509. The matter was duly considered by the City Council at the August 9, 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 §§ l 1-15-5 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. 3. Application and Property Facts CITY OF M EIt,IOIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 1 of 4 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 the Idaho Conference of Seventh -day Adventists, Inc. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits E and F for the findings required for each type of application. 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 Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 § 11-17-9. 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 copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A., the Site Plan Dated June 7, 2005 as shown in Exhibit B, and Conditions of Approval in Exhibits C and D. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's rezone as evidenced by having submitted the Survey and Legal Description in Exhibit A is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated June 6, 2005 is hereby conditionally approved; and, CITY OF MMUDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 2 of 4 3. The site specific and standard conditions Of approval are as shown in Exhibits C and D. 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, the permit holder must commence the use as permitted in accordance with the conditions of approval, 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 council review,, The application :for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring 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 year from the original date of approval by the council. If the successive phases are not submitted within on e year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.13.) 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 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. Exhibits Exhibit A: Legal Description Exhibit 13: Approved Site Plan Exhibit C: Rezone Comments CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 3 of 4 0 • Exhibit D: CUP Conditions of Approval Exhibit E: Zoning Amendment Findings (Rezone) Exhibit F: CUP Findings By action Of the City Council at its regular meeting held on the gill da of , 2005. y COUNCIL MEMBER SHAUN WARDLE COUNCIL. MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED VOTED VOTED_+ A VOTED VOTED Weerd Attest: SINAL am. G. Berg, Jr., Clerk _ p � p Copy served upon Applicant, The Plannfi(g;`I�opartment, public Works Department ajQttyAttorney. B JIUno Dated:" City Clerk's Office CITY Off' MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 4 of 4 0 0 Walgreens on Ten Mile Road RZ-05-008 Legal Description li IDAHO iao sctiiatErc��mr 5 EIira SURVEY Sala GROUP Mald�n.1J5laS364 Phone Pat) 04&SSM Project rvo. 05-013 izodf 86-143" April 15, 2005 MzSCRIPTIO TEN MILE AND CHERRY LANE-E-ARCEL,ZONE HAWKINS COMPANIES A Parcel of land located in the SW1/4 of the SW1i4 of Section 2. T.M- B.M-. Meridian, Ada County, Idaho more particularly described as follows: RAW_ BEGINNING at the SW Corner said Seen 2: thence along the West boundary line of said Section 2 North 00°19'07' East, 345.50 feet; thence leaving said East boundary line South 88°38'31'East, 31750 feet; thence South o0°10'07' West. 50.00 feet; thence South 88038'31' East. 100.00 feet: thence South 00.19'07^ Welts 295.5o feet to a point on the South boundary line Of said Section 2; nce 417.50 feeet to the along REthe South boundary line of said Section 2 North AL POINT OF BEGINNING, containing 3.20 acres, mo a or ss. Prepared by. d -' Idaho Survey are , P_C. PP / _�._9h51B 9 Gregory G. Carter, P.L.S. sA>SC P'*''*M'(L'"Te +ar „ ,.+zoNlnfco�saac: �'a sses•,.ee iau�a f1Sl 461 =f.D so st -jdy • • n -a m LLn �a� �z �tv rn (V rq4 eA��ry rj Al a ar rri mo 0 0 I Walgreens on Ten Affle Road CUP -05-029 Approved Site Plan r PHI 'I 1 g `fit . . , . 4 115 gI A. n JAI, i Walgreens on Ten Mlle road RZ-0S-008 Rezone Comments 0 Recommended deletions are s4QEeaftmghs and additions are in bold and underlined. ZONING AMENDMENT CO NTS ezone 1 The subject property is within the rban Services Planning Area. The public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Ci Attorney, Bill -Nary at $88-4433 to iate tlusprocess. The DA shall incorporate the following: • That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land beestablished or changed in use without a Certificate of Zoning Compliance (CZC). • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future uses on the property shall be required to obtain a Conditional Use Permit prior to construction/operation. • That the hours of operation on this property shall be limited to 6 a.m. to 49-11 P.m., unless otherwise modified through a future Conditional Use Permit. • That vehicular access to this site shall be restricted to those approved by ACHD and the City. Walgreens on Tem Mile Road CUP -05-029 CUP Conditions of Approval SITE SPECIFIC CONDITIONS 1. The site plan prepared by Hawkins Companies, labeled � E-1, dated 6-7- 04 7-26-05is approved as submitted. The landscape plan prepared by South, Landscape ,Architecture, P.C., labeled L-1.0, dated 3-11-05 is not approved as submitted. With the Certificate of Zoning Compliance (CZC) application, submit a r-ejjjc4 site plan and a revised landscape plan that show the requested right-of- way dedication and reflect the other changes noted in the conditions below. 2. Prior to issuance of a Certificate of Zoning Compliance (CZC) for this site, the applicant shall submit written documentation that includes consent from the property owner to the north (currently Vance) to construct an off-site driveway to Ten Mile Road. Documentation providing reciprocal cross -access for both property owners to use said driveway shall also be provided. Further, the applicant shall approach the other property owner to the north (Parcel No. S 1202336314) about removing the southern driveway they have to Ten Mile Road and utilizing the proposed shared driveway as well. If the proposed shared driveway to the north does not get built for any reason, an all weather access road must still be maintained to provide access for City of Meridian maintenance crews to the well house. 3. The submitted landscape plan prepared by South Landscape Architecture, P.C., dated 3-11-05 is not approved as submitted. The applicant should submit 10 full size copies and one 8.5" x 11" copy of a revised landscape plan to the City Clerk at least 10 days prior to the City Council hearing. The following modifications should be included in the revised plan: a. Construct a 25 -foot wide landscape buffer along Ten Mile Road and Cherry Lane, located entirely outside of the right-of-way. The sidewalk for Cherry Lane and Ten Mile Road may not be counted as part of the landscape buffer width. In accordance with MCC 12-13-10, install one tree within said buffer for every 35 -feet of frontage on the Cherry Lane and Ten Mile Road. b. Construct a 25 -foot wide landscape buffer along the east property line. The easternmost edge of the driveway to Cherry Lane shall be located a minimum of 25 -feet from the east property line, and not encroach into the landscape buffer. Said buffer shall contain materials in accordance with MCC 12-13-12-3. c. Replace the existing wood fence along the east property line and construct a six-foot tall CMU wall, as proposed. Construct a four -foot tall CMU wall along the north landscape planter, as proposed. Exhibit D 0 d. Construct a 44 -9 -foot wide landscape buffer with trees and shrubs between the retail use and the existing home to the north, as proposed. Said landscape buffer is approved with alternative compliance, e. Construct internal planter islands within the parking area to prohibit 13 or more continuous parking stalls. Each interior planter shall be landscaped with at least one tree and shall be covered with low shrubs, lawn, or other vegetative groundcover (MCC 12-13-11-3). f. Construct a minimum 5 -foot wide landscape strip from the north property line and the drive aisle (adjacent to the City well lot). Plant a minimum of one tree per thirty-five feet and shrubs, lawn, or other vegetative groundcover within said landscape strip (MCC 12-13-11,-2). g. The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection/rnitigation plan for the existing trees on site. h. The applicant shall construct additional screening for the White Property to north, including a 4 -foot fence along the southern property line of the White property (Parcel No. S1202336314), as proposed. 4. The area shown for future development on the submitted site plan shall be f er use is determined. This future pad site does not currentlyhave ro lot and a division of the ave its own property will be required prior to issuance of a building permit for a second principal structure on this site. 5. No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development ordinance. 6. Meridian City Code requires that this site be served with a pressurized, underground irrigation system. Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as regulated by MCC 9-1-28. If a creek or well source is not available, a single - point connection to the municipal water system shall be required. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 7. At the public hearing, the applicant shall update the Commission on the outcome of the meeting with the Meridian Police Department regarding means of increasing visibility to the drive-through facility. 8. Sanitary sewer service shall be from the city of Meridian's existing systems adjacent to the site. Upgrading of existing service lines may be necessary to provide a level of service different from the current church use. The future pad site is being shown to be served by a stub from an existing main in W. Cherry WZ 0 Exhibit D Lane. No sewer main, exists at this location. The applicant will be required to install any new mains that may be required to provide service. The applicant shall coordinate main sizing and routing, for any needed main, with. the City of Meridian Public Works department, or submit detailed design plans for how the applicant proposes to service the future pad site with sewer. 9. Water service to this site is being proposed via an extension of service lines from water mains located in the private drive abutting the north side of this project. The applicant shall construct any water mains necessary to service this proposed development. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Coordinate main size and routing with Public Works. 10. Any future change of use on the property shall require conditional use permit approval. 11. Comply with the conditions and comments of all City Departments, and other agencies. 12. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 13. If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 14. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 15. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. -3- Exhibit U 16- Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. OTHER AGENCY COMMENTS & CONDITIONS MERIDIAN PUBLIC WORKS DEPARTMENT 1. .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. 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. 3. 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. 4. Applicant shall be responsible for application and compliance with and NpDES Permitting that may be required by the Environmental Protection Agency. 5. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 6. All grading of the site shall be performed in conformance with MCC 11-12-311. 7. 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. 8. Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non-domestic purposes such as landscape irrigation. 9. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irngation/drainage district, or lateral users association ' (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans shall, be reviewed and approved by the meridian City Engineer prior to final plat signature. 10. Please submit all updated groundwater/soils monitoring data to the Public Works ,Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and ME Exhibit D 0 for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3. L Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 11. 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. MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The Standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 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. MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %a" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works 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. £ Fire hydrants shall not have any vertical obstl actions 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. -5- E Exhibit D 3. All entrance and internal roads skull have a turning radius of 28' inside and 48' outside radius. 4. All common driveways shall be straight or have a turning radius of 28' id 48' outside and shall have a clear driving surface which is 20' wide. e an 5. Provide a 20' wide Fire .Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 9. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 10. The oflyce%ommercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department can volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 11. Maintain a separation of 5' from the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. All aspects of the building systems (including exiting systems), processes & storage Practices shall be required to comply with the international Fire Code. 14. Provide exterior egress lighting as required by the International Building & .Fire Codes. 15. 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 D 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 sprinlder system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within 100' of all fire department connections. 17. This project has no fire department concerns. MERIDIAN POLICE DEPARTMENT L The proposed drive through has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. SANITARY SERVICES COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. NAMPA & MERIDIAN IRRIGATION DISTRICT 1. Nampa & Meridian Irrigation District has no facilities that will be impacted by this proposed project. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The developer must comply with Idaho Code 31-3805, 4. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. SETTLERS' IRRIGATION DISTRICT 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Settlers Canal. (40' easement) located along the south boundary of the property. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities, or within its easements. -7- Ll Exhibit D 4. AnY changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All stone drainage must be retained on, -site. ADA COUNTY HIGIMAY DISTRICT SITE SPECIFIC CONDrrms OF APPROVAL 1. Dedicate 54 -feet of right-of-way from the centerline of Ten Mile 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 issuance of a building permit (or other required permits). 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. Compensation will be non -impact fee eligible. OR The applicant may dedicate 48 -feet from centerline and provide a 6 -foot wide sidewalk/utility easement beyond the 48 -feet. 2. Dedicate 6 -feet of right-of-way from, the existing right-of-way line 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 issuance of a building permit (or other required permits). 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 prior to breaking ground Compensation will be non -impact fee eligible. M The applicant may provide a 6 -foot wide sidewalk/utility easement in lieu of right-of-way. 3. Construct a 24 to 30 -foot wide curb return right-in/right-out driveway on Cherry Lane located at the west property line. Construct a median in Cherry Lane from Ten Mile Road to a point approximately 50 -feet east of the driveway. The median should be constructed to restrict this driveway, but should not interfere with the full access movements of the kvewa to a south and east. The driveway may shift westward, no more than 50 -feet, to provide a larger buffer to the residence to the east. • Exhibit p 0 4. Construct a 30 to 35 -foot wide curb return driveway on Ten Mile Road located at the north property line as proposed; provided that the adjoining property owner (Vance) has agreed to a portion of the driveway being constructed on his property. Submit written documentation from that owner for consent and cross access. If an agreement is not reached with the adjacent owner, then the driveway will need to be shifted to the south and the applicant will need to submit revised drawings and the driveway location and function will need to be re-evaluated. 5. Close any curb cuts or driveways that have not been approved with this application, with curb, gutter and sidewalk to match existing improvement,. 6. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF AppROVAL, 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. M CJ Exhibit D 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 DZGLINE (I- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they I in writing and signed by the applicant or the applicants authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confir any change from the Ada County Highway District. mation of 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. 10- EXBUMiT E Walgreens on Ten Mile Road RZ-05-008 Zoning Amendment Findings (Rezone) STAIaTDA.RDS FOR ZONING AMENDMENTS The Commission and Council shallreview 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 (11-15-11): 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; City Council finds that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Public/Quasi-Public." Public, Quasi -Public, and Open Space areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors (Page 99, Comprehensive Plan). However, the Comprehensive Plan was recently amended. with Resolution No. 04-454, which states that upon redevelopment of properties designated for public, quasi -public, and open space, a change in designation and use may be appropriate. The redevelopment of these areas should be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and transportation issues associated with the proposed development of the property. The appropriate land use designation and accompanying zoning for these areas will be determined by City Council on a case by case basis. While the Comprehensive Plan Future Land Use Map does not explicitly support a commercial zoning of this property, City Council finds that there are several Comprehensive Plan policies that support evaluating this site for a zone not specifically envisioned by the Map (see below). "The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community.. It indicates, in a general way, how the community may develop in the next five to ten years." (Chapter I, Section B of the Comprehensive Plan)' Furthermore, in Chapter VII, Section C, "Future Conditions" states the following: "Figure VII -2 [The Comprehensive Land Use Map] depicts desired future land use categories and their location within the Impact Area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of a zoning map. ' 0 Exhibit E 0 City Council believes that the public/quasi-public designation was placed on this property in 2002 when the Comprehensive Plan was adopted because it was functioning as a church. The Comprehensive Plan did not originally anticipate any churches redeveloping with nonpublic/quasi-public uses; Resolution No. 04-454 does accommodate for redeveloping churches. Further, the other three corners of the Teri Mile Road/Cherry Lane intersection have developed with non-residential uses. Due to the development patterns of the -surrounding area, City Cowcil believes it would be appropriate to extend the commercial designation from n,the finds that a southwest (Albertson's) to this property. City Council farther commercial zone/use could harmoniously co -exist with the residential uses to the north and east as well as the commercial uses to the south, west and southwest. However, due to the close proximity ofthe single-family homes, City Council is recommending that any future use on this site be required to obtain CUP approval. The applicant has requested C -G zoning (General Retail and Service Commercial District) for this property. The purpose of the C -G zone is to "provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public." MCC 11-7-2 City Council finds that the requested C -G zoning designation and subsequent retail use with a drive-through is consistent with the definition of the zone. City Council believes that the quasi -public area that will be converted to commercial with the approval of this application will be relocated to Black Cat Road where the church intends to construct a new building. The church has submitted an annexation application to the City requesting that 5 acres of land located on Black Cat Road, south of Cherry Lane, be annexed and zoned to L -U for a new church (AZ -05-024). City Council believes that if both zoning amendments are approved, the designated public/quasi-public area designated on the Future Land Use Map for this site will be preserved, just in an area approximately one mile to the west. City Council also finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted site plan, the applicant is proposing direct access to Cherry Lane and Ten Mile Road, both arterial streets. The _4 CRD has tentatively approved a right-in/right-out only access to Cherry Lane and a full access to Ten Mile Road. The full access approval to Ten Mile Road is conditioned on 3 Exhibit E the applicant obtaining consent from the property owner to the north(Ijance) to construct a portion of the driveway on his property, see comments from A CHDforfurther analysts. Q "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VIZ, Goal TV, Objective D, Action item 4) BY City Ordinance, a 25 foot wide landscape buffer is required adjacent to Cherry Lane and Ten Mile Road (MCC 12-13-10-4. Twenty-five fiat wide buffers, exclusive of right-of-way, should be constructed adjacent to the arterial streets. "Require all commercial businesses to install and maintain landscaping. - (Chapter V, Goal III, Objective D, Action item 5) In order to operate a commercial business on this site, the applicant will be required to construct landscaping along Ten Mile Road, Cherry Lane, adjacent to the single-family residences, and internally. The applicant has asked for an alternative to compliance with the standard 25 foot wide landscape buffer requirement to the north. "Require that development projects have planned for the provision of all public services" (Chapter VIZ, Goal M, Objective A, Action items 1 and 4) On May 27, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. In that meeting no deficiencies of public services to serve this property were raised. "Plan for a variety of commercial and retail opportunities within, the Impact Area." (Chapter VI1, Goal 1, Objective B) City Council believes that the proposed zone does contribute to the variety of uses in this area. City 7ouncil nds that the ew xonkg to C -G can be harm nious with and in actor an a with the Comprehensive Planus amended by Res No. 04 454 a the applicant, enders into a development air-eernerat and all the conditions a roval or the concurrent c nditio l use J2 lit are tom lied wit . B. Is the area included in the zoning amendment intended to be re -zoned in the future; 4 0 Exhibit E City Council finds that the proposed re -zone and accompanying development Plans generally comply with the requested zone and City Council does not anticipate that the property will be rezoned in the future. C- Is the area included in the zoning amendment untended to be developed in the fashion that would be allowed under the new zoning --.far example, a residential area turning into a commercial area by means o permits; f conditional use Retail uses are principally permitted. (allowed) in the requested C_, tome, However, drive-inldrive-through establishments require CUP approval in all commercial zoning districts of the City (MCC 1 1_8_1). City Council finds that the applicant has concurrently submitted detailed development plans for a Conditional Use Permit for the proposed dual drive-through lanes with the rezone request. City Council further finds th through will only be allowed with the at the proposed retail use with a driver 029). approval of the requested CUP (CUP.05- A 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; The arterial streets adjacent to this site have been widened to five lanes adjacent to this site. Ten Mile Road, from Franklin Road to Ustick .Road, is currently Within ACHD's Five -Year Work Program for reconstruction. City Council, finds that the other three corners have been developed in a fashion similar (non- residential) to the proposed development. Further, the recut annexation and zoning of several residential subdivisions in this area have made the current these factors dictate that the subject property church building too small for the growing congregation. City Council finds that be rezoned and developed commercially. 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 has included conditions related to design, construction, operation and maintenance that City Council believes will allow the proposed use(s) to be consistent with the existing character of the general vicinity. City Council believes that the character of the area will change with the approval of the subject applications; however, City Council believes that the change is appropriate. F• Will not be hazardous or disturbing to e)dsting or future neighboring uses; 5 0 Exhibit E City Council finds that a 24-hour drive-through pharmacy mabe disturbing to the existing residents in the area. However, if landscape y buffers and access points are installed, and the hours of operation are limited, City Council finds that the requested rezone and subsequent commercial uses and drive-through should not be disturbing to the existing or future neighboring uses. To ensure that any fe use on this site will not be hazardous or disturbing, any future change of use on utur the property will also require conditional use permit property owners will have an opportunity to comment, approval, and adjoining G. 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 service; ep May ati es of 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 be made available to accommodate the proposed development. can Sanitary sewer and water are currently available to this site. Watermains are located in both Ten Mile Road, and W. Ch erry rs N. Ten Mile Road. The applicant and/or future propeerlY ow emains r elocati ed d i to pay any applicable park and highway impact fees as well as construct on-site stoma water drainage facilities. City Council finds that the proposed uses can be adequately served by all essential public services and facilities. 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; City Council finds that the requested zoning/uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, City Council finds that the proposed rezone would not' be detrimental to the economic welfare of the community. L Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; If the subject rezone application is approved, the applicant intends to construct a retail building with a drive-through and a future retail/bank building on this site. T_ • Exhibit E Based on the traffic impact study prepared for this development, the site is anticipated to add 1,115 new vehicle trips to the road network at full build out. City Council finds that the proposed use and zone will generate additional traffic on adjacent roadways above and beyond the existing church. City Council recognizes that traffic and noise will increase with the approval of this development; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed zone and subsequent use(s) will create excessive noise, smoke, fumes, glare, or odors. if all conditions of approval are complied with, City Council finds that the proposed zoningluse should not be detrimental to people, property or the general welfare of the area. d. Will have vehicular approaches to the property which shalt he so designed not to create an interference with traffic on surrounding public streets; as On June S, 2005, the ACRID Board of Commissioners approved two vehicular access points for this site. Although neither of the access points meets the District's policy for location, the Board approved a right -Wright -out driveway to Cherry Lane and a full access driveway to Ten Mile Road. City Council finds that the approved vehicular approaches to the property should not interfere with general traffic patterns on the adjacent public streets. Please refer to the ACRD report for more details on access to this property. The proposed site plan shows two drive-through lanes and an escape lane on the east side of the proposed building. City Council is supportive of the layout for the Proposed drive-through lanes and proposed traffic flow pattern for this lot, as stacking vehicles should not interfere with internal traffic flows or traffic flows on the adjacent streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. City Council is unaware of any natural of 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 rezone application. L. Is the proposed zoning amendment in the best interest of the City; , In accordance with the findings listed above, City Council finds that the proposed zoning of this roperty would be in the best interest of the City. 7 0 Walgreens on Ten Mile Road CUP -05-029 CUP Findings STANDARDS FOR CONDITIONAL USES 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 and 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 this ordinance; as may be required by All proposed building setbacks meet the minimum standards outlined in Titles 11, Meridian City Code. City Ordinance requires one (1) off-street parking space per 200 square feet of retail use. The proposed retail building is 14,490 square feet. Thus, the project requires seventy-two (72) spaces for the retail use; 80 spaces are proposed. The required, landscape buffer between the proposed retail use and the residences to the north and east is 25 -feet. A 25 -foot wide buffer is proposed to the east, Meridian City Code requires that within three (3) years, sixty percent (605/o)tha or more of the vertical surface is closed and prevents the passage of vision through it. The applicant is requesting alternative compliance to the required landscape buffer h the north. The applicant originally proposed to retain the wood fence along the east boundary. At the neighborhood meeting, an adjacent neighbor, stated that the three residences to the east would prefer to have a CMCJ wall. The applicant has agreed to replace the existing wood fence and construct a CMU wall along the east property line, up to the well lot. City Council finds that the subject pmperty is large enough to accommodate the required yards (setbacks), open spaces, parking, landscaping and other features required by the ordinance for retail uses. However, the applicant is requesting alternative compliance for the land use buffer to the north. �• That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Please see Standards for Zoning Amendment ,A,,. The proposed site plan shows two drive-through lanes and an escape lane on the east side of the proposed building. City Council is supportive of the layout for the proposed drive-through 0 Exhibit F lanes and proposed traffic flow pattern for this lot, as stacking vehicles should not interfere with internal traffic flows or traffic flows on the adjacent streets. City Council finds that if the applicant complies with all conditions of approval noted in this report, the development will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of the Zoning Ordinance. 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 Standards for Zoning Amendment ,A,, 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 the applicant complies with all conditions of approval, City Council does not anticipate that the proposed development will have an adverse impact on other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Standards for Zoning Amendment "G". R That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Standards for Zoning Amendment °`H» G. That the proposed use will, not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production, of traffic, noise, smoke, fumes, glare or odors; Please see Standards for Zoning Amendment 6Ti 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; 3 .Exhibit F Please see Standards for .zoning Amendment "J" 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 does not believe that the proposed development will result in the destruction, loss or damage of a natural, scenic or historic feature of major importance, El • 0 December 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT ITEM NO. 5-P REQUEST Award of Bid for Janitorial Services to Western Building Maintenance: AGENCY COMMENTS CITY CLERK: See Attached Bid Sheet 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. 0 MEMORANDUM CITY OF -- w IDAHO �c "$R 11, TTALAll- 18Q CITY CLERK'S OFFICE TO: Mayor and City Council -C- CC: Bill Musser, Rick Clinton, Sharon Smith, Peggy Gardner, Bill Nary, John Shawcroft, Doug Strong FROM: William G. Berg, Jr. DATE: Thursday, December 1, 2006 RE: Janitorial Services Bid A committee consisting of representatives from the Parks, Wastewater, Water, Attorney / HR, Police and City Hall Departments reviewed the bid proposals for Janitorial Services. After reviewing and interviewing the low bidder, the committee recommends to the City Council to award the Janitorial Services to Western Building Maintenance. If you have any questions, please contact me. Thanks. 33 East Idaho Avenue, Meridian, ►D 83642 888-4433 fax 888-4218 z � CL o� am a vIE I CDm a CI. E m la 1c: a G m o �cr CD tL ca 0 it • 551 z Q a m 114 4 1., T C r c� ati � N a CCL Z m o 0 a) d a A C a o f„® ocr� ov CL ca �M n U CITY OF MERIDIAN JANITORIAL SERVICES BID • NOTE TO BIDDER: Use indelible ink or type when completing this form. Proposal of -5IEV--pj i6iA 1 Vit called "Bidder), " organized and existing under the laws of the state of ere�nafter doing business as a (ac;. 1 Oft To: Ci Clerk City of Me 'dian Address: 33 East Idaho Avenue Meridian ID 83642 Project File: JANITO L SERVICES In compliance with the invitation to Bid and Information for Bidders for Janitorial Services, having examined the Specifications with related documents and the sites of the Proposed Work, and being familiar with all conditions surrounding the proposed work, including the availability of material and labor, hereb materials and supplies and complete the Work in accordanceowith the furni t actabor, orth therein and at the prices stated in the Bid Schedule Documents during the time set f Of Items and Prices. These prices are to cover all expenses incurred in performing the Work required under the Contract Documents, of which this is a part. By submission of this Bid, each Bidder certifies, and in case of a joint Bid each Party thereto certifies as to his own organization, that this Bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to the Bid with any other Bid or with any other Bidder or with any competitor. The Bidder agrees that the Work will be done during the bid year beginning approximately October 1, 2005 and ending September 30, 2006. Bidder's person to contact for additional information regarding this Bid: William G. Berg, Jr. — City Clerk 888-4433 Ted Baird — Deputy City Attorney 898-5506 Page 8 of 21 .BID SCHEDULE ®F ITEMS AND PI2IC.IES The fallowing is the Bid Schedule for the City of Meridian Janitorial Services Project. The award will be based on the lowest Total Bid subject to the requirements of Para a 12 of the Information For Bidders. The rice bid below shall fi res and v►� ords h in the spaces provided. be written in _gu _ BID SCHEDULE Having carefully examined the Contract Documents, the Undersigned hereby propos complete the Work described herein for the sum of:es to (written in word (s --r-- ) per month (figures) Per month. The above prices shall include all labor, material, overhead, profit, insurance, etc, to cover furnishing and perfonning the Work as called for and specifiedces . The above pri also include all applicable taxes and fees. By: Signature Name: Be (typed or printed) Title: (typed Or Printed) Attest (for bids by corpor tions), By: �e Si ture (by Corporate or Assistant corporate S ecretary) Name: _ >' �►.,.d i► �„ (typed or printed) Title: (typed or printed) Firm: � Business Address:_ Telephone Number: (2o9 1 (SEAL if Bid is by a corporation) Page 9 of 21 0 CITE.' OF MERIDIAN JANITORIAL SERVICES INFORMATION REQUIRED OF BIDDERS GENERAL ,INFORMATION. The Bidder shall famish the following information. Failure to comply with this requirement will render the Bid incomplete and shall cause its rejection. Additional sheets shall be attached as required. (1) Janitor's name and address (mail and business): (2) Janitor's telephone number: (3) Number of years as a Janitor in doing work of this Yype:rj��s�'J"'S (4) Names and titles of allIF officers of JANITOR'S firm: 7�3 J 4-kk 0 . VN L 03ZS_. .40)(-> -J4v-:e n� l UPWi+rco Ajs nq j46w -- �,t Lt}tu- 13t ISLE i� p�2ov�� �d►Jt7' Tt-f� 13t�3 1 S t�-c.�sfk,2�j� N��S 0ucc Page 10 of 21 • ••• wwr� wwnwv -r r w W. � 4wW.J�r•./ � J. V � � VGe VG NOU 23 '05 13:41 TOTAL P. 82-- 2083459716 PAGE -02 References: Building Name: Description Contact Pha11e /f The State of Idaho Transportation DeparWent 8 Buildings We Morehead 334-8850 160,000 SIF + Shop Area / Office Area 8th 8,. Idaho Center 8 Story Building Patricia Zoot 472 2846 Multi Tennant 100,000 S/F Ids Water Center 0 Story Building Multi Tenant Patricia Zoot 472-2846 250,000 SIF + BODO 8 Buildings Mutt Tennant Patricia Zoot 472-2845 250,000 W + IDA PAC 01108 Space General Cleaning Barb Frisk 375.8052 10,000 S/F Premier Building Multi Tennant Lowell Vaughn 947.8132 80,000 S/F NOU 23 '05 13:41 TOTAL P. 82-- 2083459716 PAGE -02 December 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT ITEM NO. 5-Q REQUEST Resolution No. To Declare Surplus Property / Computer Equipment Donate to Meridian Girls & Boys Club AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Resolution Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY; AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE COMPUTER EQUIPMENT TO THE MERIDIAN BOYS & GIRLS CLUB. WHEREAS, it is in the best interest of the City of Meridian to declare certain computer equipment listed herein below as surplus property, as these particular items are no longer needed or used by the City of Meridian. WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be donated to charitable organizations when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property. WHEREAS, the cost of maintaining the computer equipment listed herein below until it were sold, if it could be sold, exceeds its value to the City of Meridian and would result in the unnecessary expenditure of City funds. WHEREAS, the City of Meridian desires to donate the computer equipment listed herein below to the Meridian Boys & Girls Club, a non-profit charitable organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, the stated mission of which is to inspire and enable young people, especially those from disadvantaged circumstances, to realize their full potential as productive, responsible and caring citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, as follows: Section 1. The Mayor and City Council hereby authorize and declare that the computer equipment listed herein below is surplus property. 1. Computer: MPC Millenia, Pentium II Processor, Meridian City Asset Tag # 3073 2. Computer: RJM, Pentium II Processor, Meridian City Asset Tag # 1531 3. Computer: Compaq Presario, Pentium III Processor, Meridian City Asset Tag # 4099 RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO MERIDIAN BOYS & GIRLS CLUB Page 1 of 4 • 0 4. Computer: MPC Millenia, Pentium II Processor, Meridian City Asset Tag #3017, Serial # 1582634-0007 5. Computer: HP Pavilion 8655c, Pentium 111 533 Processor, Meridian City Asset Tag # 4186 6. Computer: RJM, Pentium II Processor, Meridian City Asset Tag # 314 7. Computer: Logical Systems, Serial # K80W3600005720041 8. Computer: HP Pavilion 7800, Intel Celeron Processor 9. Computer: MPC ClientPro, Pentium II Processor, Serial # 1756391-0001 10. Computer: MPC, Pentium II 350 Processor, Meridian City Asset Tag # 48, Serial # 1596921-0002 11. Computer: MPC, Pentium II 350 Processor, Meridian City Asset Tag # 308, Serial # 1582634-0003 12. Computer: MPC, Pentium II 350 Processor, Meridian City Asset Tag # 461, Serial # 1614239-0004 13. Computer: MPC, Pentium II 350 Processor, Meridian City Asset Tag # 462, Serial # 1614239-0001 14. Computer: MPC, Pentium 11350 Processor, Meridian City Asset Tag # 464, Serial # 1614289-0001 15. Computer: MPC, Pentium II 350 Processor, Meridian City Asset Tag # 556, Serial # 1582634-0006 16. Computer: MPC, Pentium 111550 512K Processor, Meridian City Asset Tag # 1194, Serial # 1756373-0001 17. Computer: MPC, Pentium II 400 512K Processor, Meridian City Asset Tag # 1198, Serial # 1756393-0001 18. Computer: MPC, Pentium II 400 512K Processor, Meridian City Asset Tag # 1200, Serial # 1756395-0001 19. Computer: MPC, Pentium II 400 512K Processor, Meridian City Asset Tag # 1202, Serial # 1756394-0001 20. Computer: MPC, Pentium R 400 512K Processor, Meridian City Asset Tag # 1204, Serial # 1756392-0001 21. Computer: MPC, Pentium II 350 Processor, Meridian City Asset Tag # 1215, Serial # 1627388-0001 22. Computer: MPC, Pentium 111450 512K Processor, Meridian City Asset Tag # 3228, Serial # 1615929-0001 23. Computer: HP Pavilion 8565c, Pentium 111 500 Processor, Meridian City Asset Tag # 3708, Serial # US94052624 24. Computer: HP Pavillion 8655c, Pentium II 533 Processor, Meridian City Asset Tag # 4196, Serial # USO 1421461 25. Computer: MPC Millenia, Pentium 11350 Processor, Meridian City Asset Tag # 463 26. Computer: Compaq Presario 7588, Pentium 111 700 Processor, Meridian City Asset Tag # 3720 RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO MERIDIAN BOYS & GIRLS CLUB Page 2 of 4 i 0 27. Computer: MPC Millenia, Pentium II 350 Processor, Meridian City Asset Tag # 513 28. Computer: MCC, Pentium II Processor, Meridian City Asset Tag # 2515 29. Computer: RJM, Pentium II Processor, Meridian City Asset Tag # 402 30. Computer: MPC Millenia, Pentium II Processor, Meridian City Asset Tag # 523 31. Computer: MPC Millenia, Pentium II Processor, Meridian City Asset Tag # 3017 32. Computer: MPC Millenia, Pentium II Processor, Meridian City Asset Tag # 538 33. Computer: RJM/MCC, Meridian City Asset Tag # 2515 34. Computer: MPC Millenia, Pentium II Processor, Meridian City Asset Tag # 2149 35. Computer: MPC ClientPro, Pentium III Processor, Meridian City Asset Tag # 1272, Serial # 1756391-0001 36. Computer: MPC ClientPro, Pentium R Processor, Meridian City Asset Tag # 1551 37. Computer: Compaq Prosignia, Pentium III Processor, Meridian City Asset Tag # 2716 38. Computer case (unknown manufacturer) 39. Monitor: GEM, 14 inches, Meridian City Asset Tag # 1135 40. Monitor: Samsung SyncMaster 3Ne, 14 inches 41. Monitor: HP Pavilion, 14 inches 42. Monitor: MGC, 14 inches 43. Monitor: HP, 14 inches 44. Monitor: 14 inches (unknown manufacturer) 45. Monitor: MGC, 14 inches 46. Monitor: MGC, Power -saving, 14 inches 47. Monitor: MGC: 14 inches 48. Printer: HP DesignJet 250c Plotter, Meridian City Asset Tag # 1584 49. Printer: HP LaserJet 1100 50. Printer: HP DesignJet 692c, Meridian City Asset Tag # 544 51. Printer: HP DeskJet 500, Sewer Asset Tag # 10344 52. Printer: HP DeskJet 820CXi Professional, Meridian City Asset Tag # 127 53. Printer: HP LaserJet 6L, Meridian City Asset Tag # 146 54. Printer: HP LaserJet 6L, Meridian City Asset Tag # 2008 55. Printer: HP DeskJet 800, Meridian City Asset Tag # 1076 56. Printer: HP DeskJet 610CL 57. Printer: HP DeskJet 842C 58. Printer: HP DeskJet 722C, Meridian City Asset Tag # 3584 59. Printer: HP DeskJet 812C, Meridian City Asset Tag # 4177 60. Printer: HP DeskJet 520, Meridian City Asset Tag # 159 61. Printer: HP DeskJet 520, Meridian City Asset Tag # 171 62. Scanner: HP ScanJet 6100C 63. Fax Machine: HP Fax 920, Meridian City Asset Tag # 4161 64. Battery: APC Back -UPS 450, Meridian City Asset Tag # 4084 65. Battery: APC Back -UPS Office 500 VA RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO MERIDIAN BOYS & GIRLS CLUB Page 3 of 4 0 66. Battery: Tripp Lite OmniSmart 1050, Meridian City Asset Tag # 920 67. Network Hub: Netgear 16 -port hub 68. Network Hub: 3com Super Stack 24 -port hub, Meridian City Asset Tag # 460 Section 2. The Mayor and City Council hereby authorize the conveyance of the computer equipment listed hereinabove, for no monetary consideration, to the Meridian Boys & Girls Club. �A OPTED by the City Council of the City of Meridian, Idaho, this day of 92005. APPROVED by the Mayor of the City of Meridian, Idaho, this day of fir+ , 2005. APPROVED: MaX41ds�,,aY de erd n ATTEST: a, a By: SUL- William G. Berg, Jr., ity Cleri RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO MERIDIAN BOYS & GIRLS CLUB Page 4 of 4 December 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT ITEM NO. S -R REQUEST Sanitary Sewer Easement for Silver Oaks Subdivision by Charter Builders Inc. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. COMMENTS See attached Agreement ADA COUNTY RECORQ DAVID BOISE IDAHO 12115/05W5 PM DEPUTY Vicki Allen RECORDED—REQUEST OF Meridian Cily NAVARRO AMOUNT 00 105191330 This sheet has been added to document to accommodate recording information. • SANITARY SEWER EASEMENT THIS INDENTURE, effective this 21 ST day of November, 2005, by the undersigned Charter Builders Inc., who maintains a mailing address of 2084 S. Eagle Road, Meridian, ID 83642, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A-1, A-2, & A-3) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. SANITARY SEWER EASEMENT, Page 1 of 2 0 0 THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. VN CAI ILV1 Charter Builders Inc. By: George P. O'Neal, President STATE OF IDAHO) ) ss County of Ada ) On this 3644" day of /r/oi� , 2005, before mL`c personally appeared �wr&re ,, P o; WA ( , proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. e A� .0.6006b NOTARY PUBLIC FOR IDAHO ID My Commission Expires on ®B�© 41,46 O F I' 6'1 1 Beneficiary: CITY OF MERIDIAN LIP `\\\\\4iaBOP6lI/Bs�A By Tammy de ayor ---� ATTEST: William Berg, Jr., Ci ler Date approved by Council: 12--6` SANITARY SEWER EASEMENT, Page 2 of 2 1B81° 0 STATE OF IDAHO, ) : ss. County of Ada ) 0 On this_L_day of f�t�2L , 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. -66aas- (SEAL) S kcu NOTARY PUBLIC FOR IDAHO RESIDING AT: "h'UtloaJdk. MY COMMISSION EXPIRES: SANITARY SEWER EASEMENT, Page 3 of 3 • Project: 11873 Parcel No: 51210438520 Date: November 17, 2005 EXHIBIT A-1 PARCEL DESCRIPTION PERMANENT EASEMENT is That portion of the Southeast 1/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Center 1/a comer of Section 10; thence along the Westerly boundary of the Southeast 1/a of said section, South 00"32'30" West, 1,065.60 feet to the Southerly right-of-way of the Oregon Short Line Railroad; thence along said right-of-way, South 88"2703" East, 1,051.30 feet to the POINT OF BEGINNING; thence continuing along said right-of-way, South 88"2703" East, 58.58 feet to the Easterly boundary of Sliver Oaks Subdivision; thence along said boundary, South 01'32'59" West, 1,173.55 feet; thence North 88"2710" West, 10.00 feet; thence North 01 "33'00" East, 659.59 feet; thence North 43'2703" West, 28.28 feet; thence North 01'32'57" East, 464.16 feet; thence North 88"27'55" West, 28.58 feet; thence North 01 "33'17" East, 29.81 feet to the POINT OF BEGINNING. Containing 0.520 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. k 8575 ,4b OF �q� 0 M. RMH /TLK:Ihc \\Boisefiles\Public\ProjectManagers\PHK\11873-Black Cat\Admin\Descr1ptions\11873Silveroaks-Perm.doc • Project: 11873 Parcel No: 51210438520 Date: November 17, 2005 EXHIBIT A-2 PARCEL DESCRIPTION TEMPORARY EASEMENT • That portion of the Southeast % of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Center 1/4 comer of Section 10; thence along the Westerly boundary of the Southeast 1/4 of said section, South 00°32'30" West, 1,065.60 feet to the Southerly right-of-way of the Oregon Short Line Railroad; thence along said right-of-way, South 88"2T03" East, 959.88 feet to the POINT OF BEGINNING; thence continuing along said right-of-way, South 88°2T03" East, 91.42 feet; thence South 01 ° 33'17' West, 29.81 feet; thence South 88'2T55" East, 28.58 feet; thence South 01 ' 32'57" West, 464.16 feet; thence South 43"2T03" East, 28.28 feet; thence South 01 "33'00" West, 70.71 feet; thence North 43 ° 2703" West, 98.99 feet; thence North 01 *32'57" East, 364.86 feet; thence North 88 ° 27'55" West, 70.00 feet; thence North 01 °32'57" East, 149.83 feet to the POINT OF BEGINNING. Containing 0.873 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 857 0 F RMH/TLK:Ihc \\Boisefiles\Public\ProjectManagers\PHK\11873-Black Cat\Admin\Descriptions\118735ilveroaks-Temp.doc L yymmA mgN 00 CA fLn Neszrm•w Tann' 0- 2 z O O V PERMANENT EASEMENT O 0 ko m' 3w sw �v3 Cl) a F L o SO"rSS•E a O y �� 87.4Y m- ,E m Z m3 �y Z H D 0 SANITARY SEWER EASEMENT THIS INDENTURE, effective this 21 sT day of November, 2005, by the undersigned Charter Builders Inc., who maintains a mailing address of 2084 S. Eagle Road, Meridian, ID 83642, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A-1, A-2, & A-3) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. SANITARY SEWER EASEMENT, Page 1 of 2 THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. v[ ai 1LVI Charter Builders Inc. By: George P. O'Neal, President STATE OF IDAHO) ) ss County of Ada ) On this 3o day of / oi'61441C- , 2005, before personally appeared aFP ,Z p f' ,proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. NOTARY PUBLIC FOR IDAHO OzpUBLt My Commission Expires on92 So OF yr Beneficiary: CITY OF MERIDIAN `�,,\�e``Oti154t9QidQddddp®d�®®®B�Ao® B Y o Tammy de ayor FEMILLm ATTEST: William Berg, Jr., Ci ler ®®�® r.'8.� , Date approved by Council: 12 6—De <®®g. %f,% SANITARY SEWER EASEMENT, Page 2 of 2 "'"10191 • STATE OF IDAHO, ) : ss. County of Ada ) 0 On this_J_day ofI tN4 � ( z,L--) , 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. -66880- (SEAL) 8 k AA ,, A,,-41� NOTARY PUBLIC FOR IDAHO RESIDING AT: `rr-L.,_C[ocv jek MY COMMISSION EXPIRES: lD --15—( SANITARY SEWER EASEMENT, Page 3 of 3 Project: 11873 Parcel No: 51210438520 Date: November 17, 2005 EXHIBIT A-1 PARCEL DESCRIPTION PERMANENT EASEMENT 0 That portion of the Southeast 1/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Center 1/a comer of Section 10; thence along the Westerly boundary of the Southeast 1/a of said section, South 00"32'30" West, 1,065.60 feet to the Southerly right-of-way of the Oregon Short Line Railroad; thence along said right-of-way, South 88"2703" East, 1,051.30 feet to the POINT OF BEGINNING; thence continuing along said right-of-way, South 88°2703" East, 58.58 feet to the Easterly boundary of Sliver Oaks Subdivision; thence along said boundary, South 01 '32'59" West, 1,173.55 feet; thence North 88"27'10" West, 10.00 feet; thence North 01 "33'00" East, 659.59 feet; thence North 43"27'03" West, 28.28 feet; thence North 01 "32'57" East, 464.16 feet; thence North 88' 2755" West, 28.58 feet; thence North 01 °33'17" East, 29.81 feet to the POINT OF BEGINNING. Containing 0.520 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. Vt 8575 I e o 0 F RMH/TLK: the \\Boisefiles\Public\ProjectManagers\PHM11873-Black Cat\Admin\Descr1ptions\11873SRveroaks-Perm.doc • Project: 11873 Parcel No: 51210438520 Date: November 17, 2005 EXHIBIT A-2 PARCEL DESCRIPTION TEMPORARY EASEMENT • That portion of the Southeast'/ of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Center 1/a corner of Section 10; thence along the Westerly boundary of the Southeast 1/a of said section, South 00'32'30" West, 1,065.60 feet to the Southerly right-of-way of the Oregon Short Line Railroad; thence along said right-of-way, South 88°2T03" East, 959.88 feet to the POINT OF BEGINNING; thence continuing along said right-of-way, South 88°2T03" East, 91.42 feet; thence South 01 ' 33'17" West, 29.81 feet; thence South 88 ° 2T55" East, 28.58 feet; thence South 01 ° 32'57" West, 464.16 feet; thence South 43' 27'03" East, 28.28 feet; thence South 01 ° 33'00" West, 70.71 feet; thence North 43 ° 2T03" West, 98.99 feet; thence North 01'32'57" East, 364.86 feet; thence North 88"2T55" West, 70.00 feet; thence North 01'32'57" East, 149.83 feet to the POINT OF BEGINNING. Containing 0.873 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 857 0 �ql 0 M . RMH/TLK:Ihc \\Boisefiles\Public\ProjectManagers\PHK\11873-Black Cat\Admin\Descr1pt1ons\11873%tveroaks-Temp.doc 0 | ■| 13 J ` - n i � k 7 2 § R 2 � � e • � % � 2kE� §9 Po■� gL4 '- _meq — -A % , ;• a E§ co CD m \ Cil 2 d Cil � k 0 0 December 2, 2005 Department Reports MERIDIAN CI ¢¢OUNI MEETING December 6, 2005 APPLICANT Department — rl4le-S "7 REQUEST 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. 6-A-1 0 December 2, 2005 • Department Reports MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Fire Department — Joe Silva ITEM NO. 6-B-1 REQUEST Presentation of Appreciation Award to SSC for Contributions to the Fire Safety Center: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See attached Memo CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: �n ADA COUNTY HIGHWAY DISTRICT: Ili 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. Page 1 of 1 0 Will Berg From: Joe Silva Sent: Tuesday, November 22, 2005 4:18 PM U To: WII Berg (bergw@meridiancity.org) Cc: Ron Anderson; Tammy De Weerd (deweerdt@meddiancity.org); Peggy Gardner (gardnerp@meddianctty.org); Pam Orr (orrp@meridiancity.org) Subject: Presentation of a Fire Safety Center Award SSC Will I would like to have the Mayor assist me in presenting an appreciation award to SSC for their contributions to the Fire Safety Center. Please place this on the agenda for the Dec 06, 2005 Council Meeting under department reports. Thanks Joe Silva 11/22/2005 December 2, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Legal Department - Bill Nary ITEM NO. 6-C-1 REQUEST Update on Ordinance Change to the Fence Requirements AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached memo from Phillip Swinldes I�00 o Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ciiy of Meridian. November 2, 2005 To whom it may concern, At the request of the Assistant Planning Director I am submitting an application to have the Meridian Unified Develment Code amended to allow decorative arbors that are attached to a fence to exceed the six foot height limit for fences. I have been told that there is a fee required for this application and I am requesting that the fee be waived. I was told that I should make this request by the Assistant Planning Director at the request -of Mayor De Weerd's office. Thank you for your cpnsideration, Phillip Swi e s 4302 W. D so,Drive Meridian dahc� 83 ' 208.573. 9494 f' NOV ry 7 2005 CITY OF MERIDIAN C T _ Fm r • • CITY OF C�Wafidian IDAHO �FC 4 TmeVfm n✓EY MAYOR Tammy de Weerd December 2, 2005 CITY COUNCIL MEMBERS Keith Bird Pip Swinkels Christine Donnell Charles M. Rountree 4302 W. Dawson Drive Shaun Wardle Meridian, ID 83642 CrrY DEPARTMENTS Re: Pending Code Enforcement Case City Attorney/Human Resources 703 Main Street Dear Mr. Swlnkels: 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 After our discussion of the December 1, with Mayor DeWeerd and Chief Musser, I contacted the prosecuting agency that handles all of the criminal prosecution for the Fire 540 E. Franklin Road City of Meridian. I spoke with the handling prosecutor, Kate Johnston. Ms. Johnston 888-1234 / fax 895-0390 agreed to dismiss the pending action against you since the City has chosen to review its ordinance. As we also discussed because of your letter requesting an ordinance Parks &Recreation 11 W. Bower Street change, the Police Department, Planning, and my office will ask the City Council on 888-3579 / fax 888-6854 December 6, 2005, at their regular meeting, to give us the direction to consider and process that change. If such a change occurs that could allow you keep the arbors in Planning 660 E. Watertower Lane your yard as they are today. This change could take a few months to be finalized. Suite 202 884-5533 / fax 888-6854 At this juncture, because of the agreement of the prosecutor to dismiss your pending Police matter you will not need to appear at the next Court date. Because the City has chosen 1401 E. Watertower Lane to seek Council direction to consider an ordinance change, you will not need to 888-6678./ fax 846-7366 remove the arbor structure at this time. Based upon the outcome of this requested Public Works change we can re -visit the issue of compliance and outcomes at a later time. 660 E. Watertower Lane Suite 200 I appreciate your cooperation with this matter and we will be in touch as this matter 898-5500 / fax 895-9551 progresses. - Building 660 E. Watertower Lane Yours truly, Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road Bill Nary 888-2191 /fax 884-0744 Meridian City Attorney - Water 2235 N. W. 8th street Cc: Mayor DeWeerd 888-5242 / fax 8841159 Chief Musser Kate Johnston CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, ID 83642 (208) 888-4433 CITY CLERK - FAX 888- 4218 FINANCE & UTILITY BILLING - FAX 887- 4813 MAYOR'S OFFICE -FAX 884-8119 0 November 2, 2005 To whom it may concern, • At the request of the Assistant Planning Director I am submitting an application to have the Meridian unified Develment Code amended to allow decorative arbors that are attached to a fence to exceed the six foot height limit for fences. I have been told that there is a fee required for this application and I am requesting that the fee be waived. I was told that I should make this request by the Assistant Planning Director at the request of Mayor De Weerd's office. Thank you for your c?n.s deration, Phillip Swi W 4302 W. D soMeridian dah208.573. 694 1� RE C - 9 -1 t4 T E F',� NOV ® 2 2005 CJTY OF MERIDIAN December 2, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Mayors Office ITEM NO. 6-D-1 REQUEST ACHD Neighborhood Advisory Committee Representative 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. i 0 December 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Landworks, LLC ITEM NO. 8 REQUEST Request for Reconsideration of Banff Subdivision Annexation and Zoning, Preliminary Plat, and CUP Applications: 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. 0 • December 2,2W5 AZ 05-033 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Landworks, LLC ITEM NO. 9 REQUEST Findings — Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision — 675 South Linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Aiiached Findings 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 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Landworks, LLC ITEM NO. 10 REQUEST Findings — Request for Preliminary Plat approval of 21 single family residential building lots and 7 commont lots on 2.91 acres in a proposed R-8 zone for Banff Subdivision — 675 S. Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Affached Findings Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. IWON • • December 2,2W5 CUP 05-036 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Landworks, LLC ITEM NO. 11 REQUEST Findings: Request for a Conditional Use Permit / Planned Dev. to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision - 675 S. Linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Aftached Findings Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 0 December 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Dyver Development, LLC ITEM NO. 12 REQUEST Request for Reconsideration of Irvine Subdivision Annexation and Zoning, Preliminary Plat, and CUP Applications: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 9 December 2, 2005 is AZ 05-038 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Dyver Development, LLC ITEM NO. 13 REQUEST Findings — Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zones for Irvine Subdivision — southeast comer of Ten Mile Road and Chinden Boulevard 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 Affached Findings Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 • December 2, 2005 - - 11r 1WIMA MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Dyver Development, LLC ITEM NO. 14 REQUEST Findings — Request for Preliminary Plat approval of 200 building lots and 21 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision — southeast corner of N. Ten Mile Road and Chinden Boulevard 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 Afhached Findings Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • December 2, 2005 CUP 05-039 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Dyver Development, LLC ITEM NO. 15 REQUEST Findings — Request for a CUP for a PD for single family detached residential units and single family attached residential units & single family attached residential units in a proposed R-8 zone for Irvine Subdivision — sec of Ten Mile & Chinden AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT. CITY BUILDING DEPT: CITY WATER DEPT. CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT. ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Findings Contacted: Date: Phone: Emalled: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 2, 2005 FP 05-068 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Pennwood III, LLC ITEM NO. 16 REQUEST Final Plat approval of 4 office lots and 1 common lot on 1.74 acres in a L -O zone for Newton's Nook Subdivision - south of Franklin Road and west of Meridian Road ( Lot 10, Block 1 of Troutner Park Subdivision) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS 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 PENNWOOD III, LLC FOR FINAL PLAT APPROVAL OF 4 OFFICE LOTS AND 1 COMMON LOT ON 1.74 ACRES IN AN L -O ZONE LOCATED SOUTH OF FRANKLIN ROAD AND WEST OF MERIDIAN ROAD; A REPLAT OF LOT 10, BLOCK 1 OF TROUTNER PARK SUBDIVISION WITHIN THE NE 1/ OF T. 3N., R. 1W., SECTION 13 C/C December 6, 2005 CASE NO. FP -05-068 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 6, 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 6, 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 NEWTON'S NOOK SUBDIVISION A REPLAT OF LOT 10, BLOCK 1 OF TROUTNER PARK SUBDIVISION WITHIN THE NE % OF T. 3N., R. 1W., SECTION 13, BOISE MERIDIAN, MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NEWTON'S NOOK SUBDIVISION / (FP -05-068) Pagel of 4 ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 09/14/05, SHEET 1 OF 3, TREASURE VALLEY ENGINEERS, INC", PENNWOOD III, 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 6, 2005, listing 11 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 3 pages, and by this reference incorporated herein, and the response letter from Pennwood III, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their December 6, 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 current best management practices for stormwater disposal and design a stormwater management system that is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NEWTON'S NOOK SUBDIVISION / (FP -05-068) Page 2 of 4 0 • 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NEWTON'S NOOK SUBDIVISION / (FP -05-068) Page 3 of 4 • • in real property which maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the LQ -f'---' day of i e Cmlpyr 32005. By: \````��„►rla��eaProq°��Tammy erd 14 yor, of Meridian Attest: William G. Berg, Jr., City lerk 9 Copy served upon Applicant, the Plan artment, Public Works Department, and City Attorney. By: G�� (A1� 6Y1' �1ii� Dated: City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NEWTON'S NOOK SUBDIVISION / (FP -05-068) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT r Crry STAFF REPORT: Hearing Date: December 6, 2005 Transmittal Date: December 2, 2005 0�_W6efiha`n* i, IL�.t�BC.i TO: Mayor & City Council FROM: Sonya Watters, Assistant City Planner X Michael Cole, Development Services Coordinator C SUBJECT: Newton's Nook Subdivision Request for Final Plat Approval of Newton's Nook Subdivision Consisting of 4 Building Lots and 1 Common Lot on 1.74 Acres in an L -O Zone by Pennwood III, LLC (File# FP -05-068) We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Pennwood III, LLC, has applied for Final Plat approval of 4 building lots and 1 common lot on 1.74 acres in an L -O zone for Newton's nook Subdivision. This subdivision was preliminary platted as Woodpenn Subdivision and is a re -plat of Lot 10, Block 1, Troutner Park Subdivision. Newton's Nook Subdivision is located at 429 S.W. 5th Avenue near the comer of S.W. 5th Avenue and W. Pennwood Street, approximately one quarter -mile south of Franklin Road and one-quarter mile west of Meridian Road, in Section 13, Township 3 North, Range 1 West, B.M., Ada County, Idaho. A Conditional Use Permit was approved for the proposed subdivision which allowed for a reduction to the minimum requirement for lot frontage on a public road from 50 feet to 0 feet for Lots 4 and 5. The two amenities required as part of the planned development consist of a picnic table at the west end of the parking lot and a landscaped open space area (CUP -05-030). The final plat submitted for this subdivision substantially complies with the approved preliminary plat. Staff recommends approval of Newton's Nook Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved Preliminary Plat (PP -05-022) and Conditional Use Permit (CUP -05-030) for this development. 2. 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. On the face of the plat include the instrument number for the City of Meridian waterline easement. Exhibit "A" FP -05-068 Newton's Nook Subdivision FP.doc PAGE I CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAR'T'MENTS STAFF REPORT 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11 -3A -7.k. Temporary construction fencing to contain debris shall be installed around the perimeter of the subdivision prior to issuance of building permits. 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. 6. Include the instrument number on the face of the plat for the waterline easement located on Lot 2, Block 1. 7. Show on the face of the final plat the 10 -foot wide landscape street buffer easement, in favor of the Business Owner's Association, along S.W. 5t' Avenue. The landscape plan, prepared by JGT Architecture and dated 4/15/05, is approved as submitted. 9. Revise or add the following note(s) on the face of the plat dated 9/14/05, prepared by Treasure Valley Engineers, prior to signature on the final plat by the City Engineer: a. Add a new note stating that the Business Owner's Association will maintain the landscaping within the street buffer easement along S.W. 5t' Avenue. 10. Complete the Certificate of Owners and accompanying acknowledgement. 11. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per 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. 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 installed, 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. Exhibit "A" FP -05-068 Newton's Nook Subdivision FP.doc PAGE 2 0 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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 fmal 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. 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 Newton's Nook Subdivision with the above stated comments and conditions. Exhibit "A" FP -05-068 Newton's Nook Subdivision FP.doc PAGE 3 Pennwood III, LLC PO Box 838 Meridian, Idaho 83680 December 6, 2005 City of Meridian Planning & Public Works Department 660 E. Watertower Ln., Ste. 202 Meridian, ID 83642 Dear: Sonya Waters n U Pennwood III, LLC agrees to all the site specific conditions and general requirements for Newton's Nook Subdivision as described in the Final Plat Staff Report dated December 6, 2005. The final plat will be amended to include these requirements prior to issuing for final signatures. We enjoyed working through this process with the City of Meridian. Sincerely, Pennwood III 7valt 4el"41 Matt Newton Pennwood III Member Exhibit "B" December 2, 2005 FP 05-069 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Dyver Development, LLC ITEM NO. 17 REQUEST Final Plat approval of 47 single-family residential building lots and 10 common area lots on 10. 15 acres in a R-8 zone for Woodburn Subdivision - 870 West Ustick Rd AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emalled: Date: COMMENTS See Attached Comments Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DYVER DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 47 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 10 COMMON AREA LOTS ON 10.15 ACRES IN AN r-8 ZONE LOCATED AT 870 WEST USTICK ROAD IN A PORTION OF THE SE 1/ OF THE SW 1/ OF T. 4N., R. 1W., SECTION 36 C/C December 6, 2005 CASE NO. FP -05-069 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 6, 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 6, 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 WOODBURN SUBDIVISION LOCATED IN A PORTION OF THE SE !/40F THE SW 1/ OF T. 4N., R. 1W., SECTION 36, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODBURN SUBDIVISION / (FP -05-069) Page 1 of 4 HANDWRITTEN DATE: 10/10/05, SHEET 1 OF 3, BAILEY ENGINEERING, INC.", DYVER DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: December 6, 2005, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Bailey Engineering, Inc., a true and correct of which is attached hereto marked Exhibit `B" and consisting of 1 page, an by this reference incorporated herein, and the additional requirements from the action of the Council taken at their December 6, 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 current best management practices for stormwater disposal and design a stormwater management system that is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODBURN SUBDIVISION / (FP -05-069) Page 2 of 4 0 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODBURN SUBDIVISION / (FP -05-069) Page 3 of 4 0 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 L011"I day of A)C-0P rnb,-l✓ , 2005. Attest: G. Berg, Jr., Copy served upon Applicant, the City Attorney. By: � � c�� 61-1 City Clerk's Office By: y ems, °� .��1 1 ` `� �'•���VIaY ,City of Meridian ;Mr►gDepartrnent, Public Works Department, and 1IIIIFI n a7°1° Dated: 12 - , n —OS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODBURN SUBDIVISION / (FP -05-069) Page 4 of 4 • 0 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 6, 2005 Transmittal Date: December 1, 2005 Mayor & City Council Sonya Watters, Assistant City Planner "'.' Michael Cole, Development Services Coordinator C Woodburn Subdivision Request for Final Plat Approval of Woodburn Subdivision Consisting of 47 Building Lots and 10 Common Lots on 10.15 Acres in an R-8 Zone by Dyver Development, LLC (File# FP -05-069) 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, Dyver Development, LLC, has applied for Final Plat approval of 47 building lots and 10 common area lots on 10.15 acres in an R-8 zone for Woodburn Subdivision. Woodburn Subdivision is located north of W. Ustick Road on the east side of N. Venable Avenue, in the SE % of the SW % of Section 36, TAN, R.1 W. A Conditional Use Permit/Planned Development was approved for the proposed subdivision which allowed for reductions to the minimum requirements for lot size (from 6,500s.f. to 5,000 s.f.) and lot frontage (from 65 -ft. to 50 -ft.) for detached units and reductions to the minimum requirements for lot size (from 4,000 s.f. to 3,600 s.f.) and lot frontage (from 40 -ft. to 28 -ft.) for attached units. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Woodburn Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved annexation (AZ -05-041), preliminary plat (PP -05- 041) and conditional use permit (CUP -05-042) for this development. 2. The applicant has indicated that the pressurized irrigation system in this development will be an extension of a Settler Irrigation District system in Sienna Creek Subdivision. Prior to occupancy the applicant shall submit evidence that Settler's has finaled the system. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the 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. Exhibit "A" FP -05-069 Woodburn Subdivision FP.doc PAGE 1 • 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. Construct fencing as proposed on the submitted landscape plan. 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 stubs from N. Venable Avenue. 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. Water service to this site will be from main line extensions from existing water mains N. Venable Avenue. 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. Prior to City Engineer's signature on the final plat, all existing structures shall be removed from the site. On the western boundary of this subdivision the bearing depicted on the plat does not appear to match the bearing of record for Cedar Springs Subdivision #3. The applicant shall confirm this information and indicate bearings of record on the plat in the Certificate of Owners. 9. 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. 10. The landscape plan, prepared by The Land Group and dated 9/13/05, shall be revised as follows: a. The submitted landscape plan uses the same symbol for Class II and Class III trees. Revise the plan to clarify where each specific tree species is being planted. Ensure that Class III shade trees are not proposed adjacent to micropath planter strips (see UDC 11- 3B -12C.7) or within parkway strips; only Class II trees are allowed within the planter strip between sidewalks and curbs along the internal streets. b. The planter strip (parkway) between the curb and the near edge of the sidewalk along all of the internal streets shall be a minimum of 8 -feet wide and include Class II trees; revise plan accordingly. C. Include the 4 -foot tall solid fence symbol along the micropaths on Lot 1, Block 3 leading to the tot lot. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer 11. The final plat prepared by Bailey Engineering, Inc., dated 10/10/05, is approved as submitted. 12. Complete the Certificate of Owners and accompanying acknowledgement. 13. Staff's failure to cite specific ordinance provisions or terms of the approved annexation, preliminary plat, or conditional use permit does not relieve the Applicant of responsibility for compliance. 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 124 - Exhibit "A" FP -05-069 Woodburn Subdivision FP.doc PAGE 2 0 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS 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. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 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. Exhibit "A" FP -05-069 Woodburn Subdivision FP.doc PAGE 3 • 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF RECOMMENDATION Staff recommends approval of the final plat for Woodburn Subdivision with the above stated comments and conditions. Exhibit "A" FP -05-069 Woodburn Subdivision FP.doc PAGE 4 • • ailey Engineering, Inc. CIVIL ENGINEERINGIPLANNINGICADD DATE: December 5, 2005 TO: Mayor and City Council RE: Woodburn Subdivision Dear Mayor and City Council, On behalf of our client we would like to state that Dyver Development, LLC agrees with all Site Specific Comments and Conditions set forth in the fmal plat for Woodburn Subdivision Thank you for your time and consideration, Sincerely, 4 Aj Lopez Development Services 1500 E. Iron Eagle Drive ♦ Eagle, Idaho 83616 • Tel.: 208-938-0013 ♦ Fax: 208-938-0516 www.baileyengineers.com ►..Mbit "B" • December 2, 2005 MERIDIAN CITY COUNCIL MEETING C-1 December 6, 2005 140MI 11 APPLICANT Tealey's Land Surveying ITEM NO. 18 REQUEST Continued Public Hearing from November 22,2005: Request for a one-year time extension to record the final plat for Setter Cove Subdivision - 2 10 East Leighfield . Drive: 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 Previous Item Packet / Minutes 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 FOR RECORDING ) THE FINAL PLAT FOR SETTER ) COVE SUBDIVISION LOCATED ) AT 2100 EAST LEIGHFIELD IN ) THE SW 1/ OF T. 4N., R. 1E., ) SECTION 32, MERIDIAN, IDAHO ) BY: TEALEY'S LAND SURVEYING ) APPLICANT ) 1 C/C December 6, 2005 CASE NO. TE -05-010 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT This matter coming on regularly before the City Council on December 6, 2005, upon the Applicant's time application for a one (1) year extension within which to record the Setter Cove Subdivision Final Plat, which was originally approved on October 7, 2003, as provided in § 12-3-6 B, and good cause shown. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The above name Applicant is granted a one (1) year extended period of time until October 1, 2006, of this Order within which to record the Final Plat for the above entitled subdivision application. By the action of the City Council at its regular meeting on the day of T) F'I l bC V , 2005. ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT FOR SETTER COVE SUBDIVISION (TE -05-010) Page 1 of 2 0 0 DATED this U9'+_' day of Dfl'`n-y\ bcy , 2005. Attest: William G. Berg., ,a��e►►uue,e,,,, .:9 �otl o de d Copy served upon Applicant, PI ►o�so911�7�yp g Department, Public Works, and the City Attorney. BY: Sh6Lq(1-1 Dated: e�9_ -,27 City Clerk's Office ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT FOR SETTER COVE SUBDIVISION (TE -05-010) Page 2 of 2 • 0 December 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT City of Meridian ITEM NO. 19 REQUEST Public Hearing: Conveyance of Real Property to Ada County Highway District for Right-of-way at Meridian Settlers Park, 3401 N. Meridian Road, at Meridian and Ustick Roads: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 2, 2005 MERIDIAN CITY COUNCIL MEETING • December 6, 2005 APPLICANT City of Meridian ITEM NO. 20 REQUEST Ordinance No. Conveyance of Real Property to Ada County Highway District for Right-of-way at Meridian Settlers Park, 3401 N. Meridian Road, at Meridian and Ustick Roads: 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 Ordinance OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. E December 2, 2005 AZ 05-047 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT M & H Development, LLC ITEM NO. 21 REQUEST Public Hearing: Request for Annexation and Zoning of 13.556 acres from RUT to R-8 zones for Milford Creek Subdivision No. 2 — south of East McMillan Road and west of North Eagle Road: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: statr Initials: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS See Attached P & Z Item Packet / Minutes See Attached Findings Phone: u CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 0 In the Matter of Annexation and Zoning of 13.56 acres to R-8 (Medium Density Residential) AND Preliminary Plat Approval for 48 single family lots including, and 7 common/other lots, for Milford Creek No 2 Subdivision, by M&H Development. Case No(s). AZ -05-047, PP -05-050 For the City Council Hearing Date of. December 6, 2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 6, 2005 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 6, 2005 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 6, 2005 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 6, 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. 02-3 82 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-05-047/PP-05-050 - PAGE 1 of 4 u 0 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 6, 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 August 3, 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 December 6, 2005 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-047/PP-05-050 - PAGE 2 of 4 9 0 final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 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 6, 2005 By action of the City Council at its regular meeting held on the �� day of 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 T e Weerd Attest: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-047/PP-05-050 - PAGE 3 of 4 G. Berg, Jr., Copy served upon Applicant, The Attorney. 4a il4,temlYa�eo�l�A's! �i i s {� I arra as 0 orks Department and City By: shaay-� S+, Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-047/PP-05-050 - PAGE 4 of 4 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF 12/6/2005 STAFF REPORT Hearing Date: December 6, 2005 TO City Council FROM: Joe Guenther, Associate City Planner City of Meridian Planning Department 208-884-5533 SUBJECT Milford Creek Subdivision AZ -05-047 Annexation of 13.56 acres from RUT to R-8 PP -05-050 48 Single-family residential lots and 7 other lots r f °N, IL$.hHO 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting annexation and zoning of 13.56 acres of land that is currently zoned RUT in Ada County. The applicant is seeking an R-8 zone (Medium Density Residential District) for the entire site. The applicant has submitted a preliminary plat for the subject property requesting 48 single-family residential lots and 7 common/other lots on 13.56 acres. 2. SUMMARY RECOMMENDATION Staff and the Planning & Zoning Commission are recommending approval of the subject annexation and zoning (AZ -05-047) and preliminary plat (PP -05- 050), for the reasons listed herein. The applicant shall be responsible for any upgrades to the lift station that may be required. 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: Becky McKay, Engineering Solutions ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Joe Guenther v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. —Fencing adjacent to: open spaces, streets, micropaths and canals; ii. — Future design and layout of open space and trail spur to North Slough multiuse pathway iii. — Design of the subdivision in relation to Eagle Road; Wainwright Dr. c. Key Commission Changes to Staff Recommendation: i. — Delete Settlers Irrigation Condition 8.1 as it does not apply to this site. ii. — Change Preliminary Plat Condition 1. 1.3 from "The Land Group" to "Harvest Design" dated August 12, 2005. d. Outstanding Issue(s) for City Council: i. — None. 3. PROPOSED MOTION Recommend Approval (All applications) I move to recommend approval to the City Council of File Numbers AZ-05-047/PP-05-050 as presented in staff report for the hearing date of December 6, 2005 and the preliminary plat dated August 3, 2005 with the following modifications to the conditions of approval: (add any proposed modifications) Milford Creek Subdivision AZ-05-047/PP-05-050 PAGE 1 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE*G DATE OF 12/6/2005 Recommend Denial (All applications) 1 move to recommend denial to the City Council of File Numbers AZ-05-047/PP-05-050 as presented in the staff report dated December 6, 2005 and the preliminary plat dated August 3, 2005 for the following reasons: (you must state specific reasons for denial of the CUP. 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: NE corner of Amity Road and Locust Grove Road 4N1E32 b. Owner M&H Development 82 E. State Street, Suite B Eagle, Idaho 83616 c. Applicant: Becky McKay, Engineering Solutions 150 E. Aikens Street, Suite B Eagle, Idaho, 83616 d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: COUNTY- RUT f. Present Comprehensive Plan Designation: Medium Density Residential — 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit Al): August 3, 2005 2. Date of landscape plan (attached as Exhibit A2): August 12, 2005 h. Applicant's Statement/Justification: The proposed overall density (3.54 dwellings per acre) of the project complies with the City's designation of Medium Density Residential R-8 which allows for residential densities up to 8 dwellings per acre. The applicant has requested a density consistent the comprehensive plan which is similar to other medium density residential projects in the near vicinity. We believe the use of the project will provide a development which will complement the surrounding land uses and will be a continuation of the Zebulon Heights project south of the site and the City of Boise Milford Creek Subdivision No. l project east of the site. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. C. The subject application will in fact constitute a 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. d. Newspaper notifications published on: October 17t" 2005 and October 31 st 2005 Milford Creek Subdivision AZ-05-047/PP-05-050 PAGE 2 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAG DATE OF 12/6/2005 e. Radius notices mailed to properties within 300 feet on: October 7fi' 2005 f. Applicant posted notice on site by: October 24th, 2005 6. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: Agricultural/Urbanizing Residential c. Adjacent Land Use and Zoning 1. North: Madison Park Subdivision (Boise City, R-113) 2. East: Milford Creek Subdivision Number 1 (Boise City, R-lA and A) and D&G Nursery (Boise City, A) 3. South: Zebulon Heights Number 2 (Meridian City, R-4), approved/developing 4. West: Zebulon Heights Number 2 (Meridian City, R-4), approved/developing d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Zebulon Heights Subdivision connecting at Paint Street Stub. Location of water: Extension of mains in Wainwright Drive and Zebulon Heights Subdivision connecting at Paint Street Stub. Issues or concerns: Pathway connections and addressing of lots closest to Boise City road sections. All issues and concerns have been addressed through conditioning. 2. Vegetation: Agricultural/Irrigated 3. Flood plain: NA 4. Canals/Ditches Irrigation: Local laterals — Little Lateral, private and North Slough - Settlers Irrigation 5. Hazards: None Identified 6. Proposed Zoning: R-8 7. Size of Property: 13.56 acres 8. Description of Use: Residential, 48 Single Family detached f. Subdivision Plat Information 1. Residential Lots: 48 2. Non-residential Lots: 0 3. Total Building Lots: 48 4. Common Lots: 7 5. Other Lots: 0 6. Total Lots: 55 Milford Creek Subdivision AZ-05-047/PP-05-050 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAG DATE OF 12/6/2005 7. Open Lots: Lot 7 Block 3 8. Gross Density: 3.54 units per acre g. Landscaping 1. Width of street buffer(s): 20 feet for Wainwright Drive 2. Width of buffer(s) between land uses: none required (all residential) 3. Percentage of site as open space (PP application): 1.89 acres or 12% open space 4. Other landscaping standards: Retain existing healthy vegetation and maintain pathway along North Slough. h. Amenities The applicant is proposing amenities in open space and a park with playground equipment and a stub connection to the North Slough Multi -use pathway. i. Proposed and Required Residential Standards R-8 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Side 4 4 Rear 12 12 Frontage 50 50 Lot Size 6210 5000 j. Proposed and Required Non -Residential Non-residential lots are to be used for amenities and open space only. k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to Wainwright drive is to be prohibited with the exception of Lots 1 and 2 of Block 1. Access to E. Walter Lane (a private street) shall cease and Lot 1 Block 1 shall be addressed and take access from Wainwright Drive. Access to Zebulon Heights subdivision is as proposed with a connection at E. Paint Street to Milford Creek Subdivision Number 1 at a connection with E. Paint Drive. For a detailed report on the public streets and access points to public streets, please the attached staff report from the Ada County Highway District (Exhibit C). 7. AGENCY COMMENTS MEETING On October 10 2005 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. Milford Creek Subdivision AZ-05-047/PP-05-050 PAGE 4 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARG DATE OF 12/6/2005 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Medium Density Residential' on the Meridian Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, medium density is defined as areas including single-family homes at densities of three to eight dwelling units per acre. The proposed density (3.54 d.u./acre) is within the target density for Medium Density Residential, staff finds that the proposal conforms to this stated purpose and intent. Similar subdivisions in the near vicinity have provided larger lots in the "Medium Density Residential" areas which approximate three dwelling units to the acre using the R-4 Medium Low Residential zoning designation. The applicant has proposed several larger lots and fourteen of the lots meet the R-4 minimum lot size, in conjunction with the larger open space lot the site is similar to the overall neighborhood. In the applicant's submittal letter several Comprehensive Plan policies are listed (please see applicant's letter) and a step up in density is requested in compliance with the existing comprehensive designation. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal 1111, 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 developers expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The western roadway adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (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. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) In accordance with this Goal and Action Item, the applicants design only allows main drive access to collector roads. Due to the design on the site and overall layout adjacent to the Milford Creek Subdivision AZ-05-047/PP-05-050 PAGE 5 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAG DATE OF 12/6/2005 City of Boise Lots I and 2 of Block I require access to Wainwright Drive, a collector road The main collector roads are designed with landscape lots and oriented as to only allow vehicular traffic flow at the road system. Only Lots I and 2 of Block I Milford Creek Subdivision are provided lot access to a collector or arterial street as exempted by ACIM. Only one access point is being proposed for a common drive for both Lots I and 2 of Block I as determined by the applicant. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 20 foot wide landscape buffer with a perimeter fence and dense vegetation along Wainwright Drive. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. See Site Specific Condition in the Preliminary Plat section below in Exhibit C. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The additional rights of way for Wainwright Drive will be large enough to accommodate future pedestrian and bicycle lane as well as interconnection of sidewalks along arterial roads. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium or low density residential uses on the Comprehensive Plan Future Land Use Map. • Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium Density Residential on the Meridian Future Land Use Map which identifies this area as an appropriate area for residential development. This proposal meets the Comprehensive Plan definition of medium density, with a gross density of 3.54 dwelling units per acre. Staff has reviewed Milford Creek Subdivision under the Medium Density Residential designation which allows residential densities from 3 to 8 dwelling units to the acre. Staff does not anticipate the housing types for Milford Creek Subdivision to be very diverse which is consistent of the general vicinity towards the center of the section. These projects as a neighborhood meet the variety of residential categories. • "On -street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI -5) Milford Creek Subdivision AZ-05-047/PP-05-050 PAGE 6 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 Figure VI -5 on page 57 of the Comprehensive Plan designates a bikeway on all collector roads and arterials. The proposal will provide a collector road connection from the site to Eagle Road which will provide interconnection to future collector and arterial streets. Interconnectivity between subdivisions will also provide for a multiuse pathway connection through Zebulon Heights Subdivision for pathway access to the North Slough pathway system. Stafffinds that the proposed zoning and subsequent uses (single-family homes) will be harmonious with and in accordance with the Comprehensive Plan 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists Single Family Residential (attached and detached) as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Medium Density Residential — R- 8 allows a maximum density of Eight (8) dwelling units to the acre. 10. ANALYSIS 10a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed Single Family Residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (stamped on August 19, 2005 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1.5 UDC 11 -5B -3D.2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may Milford Creek Subdivision AZ-05-047/PP-05-050 PAGE 7 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAVG DATE OF 12/6/2005 require some written commitment for all future uses. Due to the close proximity of existing and future residential uses, the general layout of the neighborhood and lack of significant public features, staff believes that a Development Agreement is not necessary to for this property if developed in a fashion that is consistent with the comprehensive plan designation and conditions of approval contained in this report for the proposed preliminM plat 2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: Connectivity Two stub streets from neighboring subdivisions shall connect E. Paint Drive to E. Paint Street. No direct access is allowed to Wainwright Drive wit the exception of Lots 1 and 2 of Block 1 or as approved outside of the points of connection permitted by ACRD. (East Property Boundary, Boise City) The site lying directly east of the site is currently the Milford Creek Number 1 Subdivision and D+G Nursery, serviced by the City of Boise. The stub street connection to the east of the site has been shown at E. Paint Drive Street. The existing residence shares a private street with D+G Nursery which shall be terminated. Lot 1 Block 1 containing the existing residence shall be required to take access to Wainwright Drive and be addressed within the City of Meridian. 2.2. Landscaping_ Staff is generally supportive of the landscaping design with the following considerations: Perimeter fencing shall be designed according to UDC 11-3B and maintained by the home owners association. The landscape plan shall be changed to reflect any changes to the preliminary plat. The northerly 10 feet of Lot 6 Block 3 is to be included with open space lot of Lot 7 Block 3 to provide a 5' walking path connection from the open space lot to the multiuse pathway to facilitate pedestrian movement. The southern connection of the 5' walking path shall terminate at the point where Syracuse Way becomes a collector road for connection at Wainwright Way. The proposed landscaping along Wainwright Drive must be extended to allow for 20' of landscaping to the site boundary and landscaped consistent with UDC 11-3B. The lots which will be given access and addresses from Wainwright Drive will be allowed a shared access curb cut to Wainwright drive. The applicant can include these areas in common lot, to be maintained by the HOA or with a landscape easement to be recorded on the final plat to be maintained by the HOA. These changes will be required prior to final plat. 2.3 Tree Mitigation: Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. 2.4. Ditches, Laterals, and Canals: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Settlers Irrigation District has a 60' easement for the North Slough on this site; standard comments are included in Exhibit C. Pigg of Ditches: Meridian City Code UDC 11-3A-6 requires all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or lateral touch either or both sides of the area being subdivided, to be covered and enclosed with tiling or other covering equivalent in ability to Milford Creek Subdivision AZ-05-047/PP-05-050 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HANG DATE OF 12/6/2005 detour access to said ditch, lateral or canal. The Little Lateral along Wainwright Drive is listed as a private lateral, contact public works for piping requirements. 2.5 Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single - point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-313-6. See Site Exhibit B below. 2.6. Fencing: The applicant is proposing to construct a minimum of a six foot tall solid fence around the perimeter of the site with 4' open fencing along common areas. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with City Code in effect at the time the permit is issued. 10b. Staff Recommendation: Staff recommends approval of AZ-05-047/PP-05-050 for Milford Creek Subdivision as presented in the staff report dated November 3, 2005 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EDITS A. Drawings 1. Preliminary Plat (dated: August 3, 2005) 2. Landscape Plan (dated: August 12, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 5. Parks Department 6. Ada County Highway District 7. Settlers Irrigation District C. Legal Description D. Required Findings from Zoning Ordinance Milford Creek Subdivision AZ-05-047/PP-05-050 PAGE 9 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE*G DATE OF 12/6/2005 A. Drawings I Preliminary Plat (dated: August 3, 2005) c co Q > m J* NO U q Niml h MnYORD CREEZ X. SUBDIVU110N NO. 2 m Milford Creek Subdivision Exhibit A Page 1 I CT 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAPG DATE OF 12/6/2005 2. Landscape Plan (dated: August 12, 2005) Milford Creek Subdivision Exhibit A Page 2 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF 12/6/2005 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as PP -1 prepared by Engineering Solutions, dated August 3, 2005 is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -05-047) shall also be considered conditions of the Preliminary Plat (PP - 05 -050). 1.1.2 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to Wainwright Drive except Lots 1 and 2 of Block 1 with the restrictions placed by ACHD. A note shall be placed on the final plat restricting access to Wainwright Drive. 1.1.3 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the changes required by this report. The submitted two-page landscape plan prepared by Harvest Design, dated August 12, 2005 will need to be amended prior to final plat with the following changes: • Lot 3 Block 1 must be extended to the property line or a landscape easement shown on the plat to provide for a 20 -foot landscape buffer in compliance with UDC 11-3B. The applicant and ACHD have agreed that Lots 1 and 2 will share a common drive. The common drive shall be defined on the final plat as an ingress/egress point of connection to Wainwright Drive. Lot 3 Block 1 shall be maintained by the Milford Creek HOA. • The open space lot, Lot 7 Block 3 shall include a 10 -foot wide landscape/pathway lot separating Lot 6 Block 3 and E. Meadowdale Street. The 5 -foot walking pathway shall be routed to connect with the multi -use pathway spur across E. Meadowdale Street and again to connect to the bike lane at the point N. Syracuse Way becomes a divided collector road. 1. 1.4 All road drainage shall be contained on site in the drainage swales/areas as depicted. 1.1.5 Maintenance of all common areas shall be the responsibility of the Milford Creek Subdivision Homeowners' Association. 1.1.6 Place a note on the face of the final plat stating that all future front garage setbacks shall be 20 - feet as measured from the property line or the back of sidewalk, whichever is more restrictive. 1.1.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the City and the Irrigation District(s). 1.1.12 The name "Milford Creek Subdivision 2" shall be changed to either Milford Creek West or Milford Creek Addition for final plat. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11 - Exhibit B Page 1 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF 12/6/2005 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.6 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B. 2. Public Works Department 2.1 The applicant is proposing to sewer service to this site via extensions of mains proposed in Zebulon Heights #2. Zebulon Heights is sewering through extensions of mains located in Settlement Bridge which has not installed the necessary mains to serve Zebulon, therefore this property is currently not serviceable by the City of Meridian's sanitary sewer system. Proceeding through the process is strictly at the risk of this applicant. The City of Meridian does not guarantee sewer service to this site within the timelines set out in the Unified Development 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 Zebulon Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The 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 Exhibit B Page 2 0 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). 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. 2.6 All existing structures not contained on a newly platted lot, or not meeting required zoning regulations shall be removed 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 the building on Lot 1, Block 1. 2.8 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. 2.9 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. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with 11-12-3H. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are Exhibit B Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE*G DATE OF 12/6/2005 determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.3 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.5 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.8 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.9 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly (898- 5500) to address this concern prior to the Final Plat. 3.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). Exhibit B Page 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your final plat application. 5. Parks Department 5.1 Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. This condition will apply to the section of pathway to access North Slough Multi -Use Pathway. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 Tie into the existing 5 -foot attached concrete sidewalk on Wainwright Drive and extend the sidewalk to the west property line. The sidewalk may either be attached or detached. 7.2 Construct the main entrance to the subdivision, North Syracuse Way, to intersect Wainwright Drive approximately 270 -feet west of the east property line and in alignment with a roadway that is proposed on the south side of Wainwright Drive, as proposed. 7.3 Extend East Paint Street into the site from the west property line approximately 370 -feet north of the south property line, as proposed. 7.4 Extend East Paint Drive into the site from the east property line approximately 435 -feet north of the south property line, as proposed. 7.5 Construct the internal streets as 36 -foot street sections with rolled curb, gutter and sidewalk within 50 -fee of right-of-way, as proposed. 7.6 Construct a knuckle with an island within the subdivision, as proposed. Construct the island within the knuckle a minimum of 4 -feet wide with a minimum area of 100 -square feet and designed to maintain a minimum of a 29 -foot street section on either side of the island. 7.7 Construct an island within North Syracuse Way, as proposed. Construct the island to be a minimum of 4 -feet wide with a minimum area of 100 -square feet and designed to maintain a minimum of a 21 -foot street section on either side of the island. 7.8 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. Exhibit B Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 7.9 Utilize the existing 25 -foot wide driveway on Wainwright Drive for the existing dwelling located on Lot 1 Block 1. Pave the driveway its full width of 25 -feet into the site a minimum of 30 -feet beyond the edge of pavement of Wainwright Drive. 7.10 Eliminate Lot 2 of Block 1 from the plat OR create a shared driveway between Lots 1 and 2 of Block 1. In addition to a shared driveway, Lot 2 of Block 1 will be required to provide an on site turnaround to prevent vehicles from backing onto Wainwright Drive. 7.11 Milford Creek Subdivision #2's preliminary plat will be approved contingent upon the right-of- way within Zebulon Heights Subdivision #2 being dedicated to the public and the roadways being constructed or a financial surety is in place for the construction of the roadways prior to the signature of the final plat for Milford Creek Subdivision #2. 7.12 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.13 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.14 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.15 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.16 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.17 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.18 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.19 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. 7.20 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.21 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. 7.22 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 Exhibit B Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.23 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.24 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Settlers' Irrigation District 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre - construction meeting. Exhibit B Page 7 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 C. Legal Description IDAHO E.: SURVEY GROUP Project No. 05-164 M o& H Development 1450 E= Watertower St. Suite 150 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-53" August 19, 2005 A parcel of land located in the SE 1/4 of the NE 1/4 of Section 32, TAN., R. I E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the East 1/4 comer of said Section 32, from which the Northeast comer of said Section 32 bears North 00°30'03" East, 2654.30 feet; Thence North 00°30'03" East, 44238 feet; Thence North 89°51'56" West and along the North line of Zebulon Subdivision, as same is recorded in Book 90 of Plats at Page 10588, Ada County records, a distance of 656.05 feet to the REAL POINT OF BEGINNING. Thence continuing North 89051'56" West, 672.35 feet to a point on the West line of the SE 1/4 of the NE 1/4; Thence North 00°31'00" East, 882.72 fat to the NE 1/16 corner, common to the Southwest comer of Madison Park No. 3 Subdivision, as same is recorded in Book 77 of Plats of Page 8092, Ada County records; feet; Thence along the South line of said subdivision South 89057'14" East, 570.16 Thence departing said South line 57°38100" East, 120.22 feet; Thence South 00030'43" West, 819.48 feet to the Point of Beginning. Containing 13.56 acres, more or less. v1 apt= A to o PUBLIC 10T Prepared By: I D. Terry Peugh, PLS 'i = icraol Fend Surae},Ors Exhibit C Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 MI. FORD CREEK SUBDINISON NO. 2GINEEA PROPOSED MERIDIAN ANNE-XATION FE -1 I - 32, 145 "iT 4 FAII� B DS -1, 5,1A, VrRl'lA&, AIA COjNTY, I Exhibit C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 D. Required Findings from Zoning Ordinance 1. Annexation 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: 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; In Chapter VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre. The Council finds that the requested residential zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the site to "Medium Density Residential", this is also continued with the North Meridian Comprehensive Plan Development application submitted for 2005. The density proposed with the preliminary plats are consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these medium density areas. The overall density of 3.54 du/acre is within the expected densities for this area. The Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes single-family detached products for the subject site (PP -05- 050). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. 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 commercial area by means of conditional use permits; The Council fords that the single-family homes would be allowed (permitted) within the requested R-8 zone. The entire site is being proposed as residential and upon build out staff would not anticipate changes of usage for this site. 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; Several road improvement projects are occurring in the near vicinity tied in with the approved and under construction projects, specifically Eagle Road and McMillan Road. Wainwright road is not within ACHD's Five Year Work Program or CII' (20 -year plan) for road widening. Zebulon Heights Subdivision to the west and Milford Creek Number 1 (Boise) Subdivision to the east have been tentatively approved for development similar to what is being proposed with Milford Creek Number 2 Subdivision. The subject property is generally surrounded by rural residential acreages and developing properties. The Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council rely on staff's analysis, public Exhibit D Page I 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. 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; The applicant has not submitted elevations for the proposed housing units. The anticipated units will be designed and constructed to meet similar architecture to the single family detached residences in the area. The applicant (Engineering Solutions) is the same as for Zebulon Heights and Milford Creek Subdivisions; the Council believes that the design of these single family dwelling units will be compatible with the adjoining uses. Staff finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. The 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; The Commission and Council rely on public testimony (oral and written) to determine whether or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed uses will be disturbing to future or existing neighbors, as long as landscaping, fencing and other recommended conditions are exercised. Further, the Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. 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 will the person responsible for the establishment of the proposed zoning amendment 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. Permanent sanitary sewer service to this development is to be provided by the undeveloped North Slough Trunk. Temporarily sewer service will be provided by the Lift Station serving Vienna Woods and Zebulon Heights Subdivision. At this time sewer does not exist at the location the applicant has shown on the preliminary plat. The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. If this application is approved, it shall be subject to availability of the sanitary sewer. The applicant shall also be responsible for any upgrades to the lift station that may be necessary to increase the capacity to handle this development. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Staff finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. Exhibit D Page 2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 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, the Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. 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. The 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; The Council finds that the proposed annexation and the development of this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, the Council does not believe that the amount generated will be detrimental to the general welfare of the public. The Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street access to Wainwright Drive and two internal accesses to the existing public street system. ACHD is supportive of the proposed streets and driveway locations. If is designed and constructed as required by the ACHD and the City, the Council does not believe that the subdivision will create interference with traffic on the surrounding public streets. ACHD has also required that Lots 1 and 2 of Block 1 be designed with a shared access or eliminate one lot. The applicant shall coordinate the access point to Wainwright in such a manner as to not interfere with traffic on a collector road. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The North Slough (Settlers Canal) runs directly north of this property. The Council would consider this feature non -scenic in nature but has been established as a pedestrian corridor. The Council recommends that this site be subject to the standard conditions of Settlers Irrigation District. There are few mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. The Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. Exhibit D Page 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the city. In accordance with the findings listed above the Council finds that the annexation/zoning of this prope= as proposed by the applicant would be in the best interest of the City (see Analysis section in the Sta ReportZ 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation Findings Item A above. B. The availability of public services to accommodate the proposed development; Please see Annexation 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. The Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which council is unaware. Exhibit D Page 4 December 2,2W5 PP 05-050 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT M & H Development, LLC ITEM NO. 22 REQUEST Public Hearing: Request for Preliminary Plat approval of 48 building lots and 7 other lots in a proposed R-8 zone for Milford Creek Subdivision No. 2 — south of East McMillan Road and west of North Eagle Road: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached P & Z Item Packet / Minutes See Attached Findings Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 13.56 acres to R-8 (Medium Density Residential) AND Preliminary Plat Approval for 48 single family lots including, and 7 common/other lots, for Milford Creek No 2 Subdivision, by M&H Development. Case No(s). AZ -05-047, PP -05-050 For the City Council Bearing Date of: December 6, 2005 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 6, 2005 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 6, 2005 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 6, 2005 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 6, 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-05-047/PP-05-050 - PAGE I 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 6, 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 August 3, 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 December 6, 2005 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-047JPP-05-050 - PAGE 2 of 4 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 6, 2005 By action of the City Council at its regular meeting held on the "f day of 2005. COUNCIL MEMBER SHAUN WARDLE VOTED4�°�- COUNCIL MEMBER CHRISTINE DONNELL VOTED 4&A- 61 MEMBER CHARLIE ROUNTREE VOTED 0� COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-047/PP-05-050 - PAGE 3 of 4 ,%t0tlttFa�e� Is � r XE Wi1lialn G. Berg, Jr., Ci Clerk 4 ✓� X00 Copy served upon Applicant, The Plannin��e aa,aa' aaoan`;� ` clic Works Department and City Attorney. By: ? l UN -K 9 ftt.—H, Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-047/PP-05-050 - PAGE 4 of4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6!2005 STAFF REPORT Hearing Date: Decernber 6, 2005 TO City Council FROM: Joe Guenther, Associate City Planner City of Meridian Planning Department 208-884-5533 SUBJECT Milford Creek Subdivision AZ -OS -047 a�- R;.S r OvZ I VY $11 eridianQ� 4. Annexation of 13.56 acres from RUT to R-8 PP -05-050 48 Single-family residential lots and 7 other lots 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting annexation and zoning of 13.56 acres of land that is currently zoned RUT in Ada County. The applicant is seeking an R-8 zone (Medium Density Residential District) for the entire site. The applicant has submitted a preIiniinary plat for the subject property requesting 48 single-family residential lots and 7 common/other lots on 13.56 acres. 2. SUMMARY RECOMMENDATION Staff and the Planning & Zoning Commission are recommending approval of the subject annexation and zoning (AZ -05-047) and preliminary plat (PP -05- 050), for the reasons listed herein. The applicant shall be responsible for any upgrades to the lift station that may be required. 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: Becky McKay, Engineering Solutions ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Joe Guenther v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: L — Fencing adjacent to: open spaces, streets, micropaths and canals; ii. — Future design and layout of open space and trail spur to North Slough multiuse pathway iii. — Design of the subdivision in relation to Eagle Road; Wainwright Dr. c. Key Commission Changes to Staff Recommendation: i. — Delete Settlers Irrigation Condition 8.1 as it does not apply to this site. ii. —Change Preliminary Plat Condition 1.1.3 from "The Land Group" to "Harvest Design" dated August 12, 2005. d. Outstanding Issue(s) for City Council: i. — None. 3. PROPOSED MOTION Recommend Approval (All applications) I move to recommend approval to the City Council of File Numbers AZ-05-047/PP-05-050 as presented in staff report for the hearing date of December 6, 2005 and the preliminary plat dated August 3, 2005 with the following modifications to the conditions of approval: (add any proposed modifications) Milford Creek Subdivision AZ-05-047/PP-05-450 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 Recommend Denial (AD applications) I move to recommend denial to the City Council of File Numbers AZ-05-047/PP-05-050 as presented in the staff report dated December 6, 2005 and the preliminary plat dated August 3, 2005 for the following reasons: (you must state specific reasons for denial of the CUP. They should address how the applicant might redo the application to gain your recommendation for approval.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: NE corner of Amity Road and Locust Grove Road 4Nl E32 b. Owner M&H Development 82 E. State Street, Suite B Eagle, Idaho 83616 c. Applicant: Becky McKay, Engineering Solutions 150 E. Aikens Street, Suite B Eagle, Idaho, 83616 d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: COUNTY- RUT f. Present Comprehensive Plan Designation: Medium Density Residential — 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit Al): August 3, 2005 2. Date of landscape plan (attached as Exhibit A2): August 12, 2005 h. Applicant's Statement/Justification: The proposed overall density (3.54 dwellings per acre) of the project complies with the City's designation of Medium Density Residential R-8 which allows for residential densities up to 8 dwellings per acre. The applicant has requested a density consistent the comprehensive plan which is similar to other medium density residential projects in the near vicinity. We believe the use of the project will provide a development which will complement the surrounding land uses and will be a continuation of the Zebulon Heights project south of the site and the City of Boise Milford Creek Subdivision No.l project east of the site. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a 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. d. Newspaper notifications published on: October 170'2005 and October 31' 2005 Milford Creek Subdivision AZ-05-047/PP-05-050 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 e. Radius notices mailed to properties within 300 feet on: October 7`I' 2005 f Applicant posted notice on site by: October 24th, 2005 6. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: Agricultural/Urbanizing Residential c. Adjacent Land Use and Zoning 1. North: Madison Park Subdivision (Boise City, R -IB) 2. East: Milford Creek Subdivision Number 1 (Boise City, R-lA and A) and D&O Nursery (Boise City, A) 3. South: Zebulon Heights Number 2 (Meridian City, R-4), approved/developing 4. West: Zebulon Heights Number 2 (Meridian City, R-4), approved/developing d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Zebulon Heights Subdivision connecting at Paint Street Stub. Location of water: Extension of mains in Wainwright Drive and Zebulon Heights Subdivision connecting at Paint Street Stub. Issues or concerns: Pathway connections and addressing of lots closest to Boise City road sections. All issues and concerns have been addressed through conditioning. 2. Vegetation: Agricultural/irrigated 3. Flood plain: NA 4. Canals/Ditches Irrigation: Local laterals — Little Lateral, private and North Slough - Settlers Irrigation 5. Hazards: None Identified 6. Proposed Zoning: R-8 7. Size of Property: 13.56 acres 8. Description of Use: Residential, 48 Single Family detached f. Subdivision Plat Information 1. Residential Lots: 48 2. Non-residential Lots: 0 3. Total Building Lots: 48 4. Common Lots: 7 5. Other Lots: 0 6. Total Lots: 55 Milford Creek Subdivision AZ-05-047/PP-05-050 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 7. Open Lots: Lot 7 Block 3 8. Gross Density: 3.54 units per acre g. Landscaping 1. Width of street buffer(s): 20 feet for Wainwright Drive 2. Width of buffer(s) between land uses: none required (all residential) 3. Percentage of site as open space (PP application): 1.89 acres or 12% open space 4. Other landscaping standards: Retain existing healthy vegetation and maintain pathway along North Slough. h. Amenities The applicant is proposing amenities in open space and a park with playground equipment and a stub connection to the North Slough Multi -use pathway. i. Proposed and Required Residential Standards R-8 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Side 4 4 Rear 12 12 Frontage 50 50 Lot Size 6210 5000 j. Proposed and Required Non -Residential Non-residential lots are to be used for amenities and open space only. k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to Wainwright drive is to be prohibited with the exception of Lots I and 2 of Block 1. Access to E. Walter Lane (a private street) shall cease and Lot 1 BIock I shall be addressed and take access from Wainwright Drive. Access to Zebulon Heights subdivision is as proposed with a connection at E. Paint Street to Milford Creek Subdivision Number 1 at a connection with E. Paint Drive. For a detailed report on the public streets and access points to public streets, please the attached staff report from the Ada County Highway District (Exhibit Q. 7. AGENCY COMMENTS MEETING On October 14" 2005 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. Milford Creek Subdivision AZ-05-047JPP-05-050 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Medium Density Residential' on the Meridian Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, medium density is defined as areas including single-family homes at densities of three to eight dwelling units per acre. The proposed density (3.54 d.u./acre) is within the target density for Medium Density Residential, staff finds that the proposal conforms to this stated purpose and intent. Similar subdivisions in the near vicinity have provided larger lots in the "Medium Density Residential" areas which approximate three dwelling uluts to the acre using the R-4 Medium Low Residential zoning designation. The applicant has proposed several larger lots and fourteen of the lots meet the R-4 minimum lot size, in conjunction with the larger open space lot the site is similar to the overall neighborhood. In the applicant's submittal letter several Comprehensive Plan policies are listed (please see applicant's letter) and a step up in density is requested in compliance with the existing comprehensive designation. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staffanalysis is in italics belowpolicy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action l) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The western roadway adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRID). 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. + "Restrict curb cuts and access points on collectors and arterial streets: ' (Chapter VII, Goal IV, Objective D, Action item 2) In accordance with this Goal and Action Item, the applicants design only allows main drive access to collector roads. Due to the design on the site and overall layout adjacent to the Milford Creek Subdivision AZ-05-047/PP-05-050 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 City of Boise Lots 1 and 2 of Block 1 require access to Wainwright Drive, a collector road The main collector roads are designed with landscape lots and oriented as to only allow vehicular traf c flow at the road system. Only Lots 1 and 2 of Block I Milford Creek Subdivision are provided lot access to a collector or arterial street as e-cempted by ACRD. Only one access point is beingproposed for a common drive for both Lots I and 2 of Block 1 as determined by the applicant. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 20 foot wide landscape buffer with a perimeterfence and. dense vegetation along Wainwright Drive. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. See Site Specific Condition in the Preliminary Plat section below in Exhibit C. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The additional rights of way for Wainwright Drive will be large enough to accommodate future pedestrian and bicycle lane as well as interconnection of sidewalks along arterial roads. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium or low density residential uses on the Comprehensive Plan Future Land Use Map. • Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium Density Residential on the Meridian Future Land Use Map which identifies this area as an appropriate area for residential development. This proposal meets the Comprehensive Plan definition of medium density, with a gross density of 3.54 dwelling units per acre. Staff has reviewed Milford Creek Subdivision under the Medium Density Residential designation which allows residential densities from 3 to 8 dwelling units to the acre. Staff does not anticipate the housing types for Milford Creek Subdivision to be very diverse which is consistent of the general vicinity towards the center of the section. These projects as a neighborhood meet the variety of residential categories. • "On -street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI -5) Milford Creek Subdivision AZ-05-047/PP-05-050 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/612005 Figure Y1--5 on page 57 of the Comprehensive Plan designates a bikeway on all collector roads and arterials. The proposal will provide a collector road connection from the site to Eagle Road which will provide interconnection to future collector and arterial streets. Interconnectivity between subdivisions will also provide for a multiuse pathway connection through Zebulon Heights Subdivision for pathway access to the North Slough pathway system. StaffLands that the proposed zoning and subseguent uses tsingle family homes) will be har tnonious with and in accordance, with the Comprehensive Plan 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists Single Family Residential (attached and detached) as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Medium Density Residential — R- 8 allows a maximurn density of Eight (8) dwelling units to the acre. 10. ANALYSIS 10a. Analysis of Facts Leading to Staff Recommendation I. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed Single Family Residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (stamped on August 19, 2005 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1.5 UDC I 1 -5B -3D.2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may Milford Creek Subdivision AZ-05-047/PP-05-050 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12!612005 require some written commitment for all future uses. Due to the close proximity of existin and future residential uses the general layout of the neighborhood and lack of si ificant public features staff believes that a , Development Agreement is not necessary to for this property if developed in a fashion that is consistent with the comprehensive plan designation and conditions of annroval contained in this report for the Vro osed relimina plat. 2. PRELIMINARY PLAT SPECL4L CONSIDERATIONS 2.1 Public Streets and Access: Connectivity Two stub streets from neighboring subdivisions shall connect E. Paint Drive to E. Paint Street. No direct access is allowed to Wainwright Drive wit the exception of Lots 1 and 2 of Block l or as approved outside of the points of connection permitted by ACI -ID. (East Property Boundary, Boise City) The site lying directly east of the site is currently the Milford Creek Number I Subdivision and D+G Nursery, serviced by the City of Boise. The stub street connection to the east of the site has been shown at E. Paint Drive Street. The existing residence shares a private street with D+G Nursery which shall be terminated. Lot 1 BIock 1 containing the existing residence shall be required to take access to Wainwright Drive and be addressed within the City of Meridian. 2.2. Landscaping; Staff is generally supportive of the landscaping design with the following considerations: Perimeter fencing shall be designed according to UDC 11-3B and maintained by the home owners association. The landscape plan shall be changed to reflect any changes to the preliminary plat. The northerly 10 feet of Lot 6 Block 3 is to be included with open space lot of Lot 7 Block 3 to provide a 5' walking path connection from the open space lot to the multiuse pathway to facilitate pedestrian movement. The southern connection of the 5' walking path shall terminate at the point where Syracuse Way becomes a collector road for connection at Wainwright Way. The proposed landscaping along Wainwright Drive must be extended to allow for 20' of landscaping to the site boundary and landscaped consistent with UDC i 1-3B. The lots which will be given access and addresses from Wainwright Drive will be allowed a shared access curb cut to Wainwright drive. The applicant can include these areas in common lot, to be maintained by the HOA or with a landscape easement to be recorded on the final plat to be maintained by the HOA. These changes will be required prior to final plat. 2.3 Tree Miti ation: Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. 2.4. Ditches, Laterals. and Canals: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Settlers Irrigation District has a 60' easement for the North Slough on this site; standard comments are included in Exhibit C. Piping of Ditches: Meridian City Code UDC 11-3A-6 requires all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or lateral touch either or both sides of the area being subdivided, to be covered and enclosed with tiling or other covering equivalent in ability to Milford Creek Subdivision AZ-05-047/PP-05-050 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 detour access to said ditch, lateral or canal. The Little Lateral along Wainwright Drive is listed as a private lateral, contact public works for piping requirements. 2.5 Pressure irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single point connection to the culinary water system shall be required. If a single - point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-313-6. See Site Exhibit B below. 2.6. Fencing: The applicant is proposing to construct a minimum of a six foot tall solid fence around the perimeter of the site with 4' open fencing along common areas. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with City Code in effect at the time the permit is issued. 10b. Staff Recommendation: Staff recommends approval of AZ-05-047/PP-05-050 for Milford Creek Subdivision as presented in the staff report dated November 3, 2005 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: August 3, 2005) 2. Landscape Plan (dated: August 12, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 5. Parks Department 6. Ada County Highway District 7. Settlers ILTigation District C. Legal Description D. Required Findings from Zoning Ordinance Milford Creek Subdivision AZ-OS-047/PP-05-050 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 A. Drawings 1. Preliminary Plat (dated: August 3, 2005) 0. iN {i a , r co 00 ,...E E i . q � J/. �@ f..' •a _. � .-.... -� � I v K . ' t$ 6 � � f - _ • yy.... 1VKJYtSrb •4eUb 4�:R HA 6v 1 ' p1 .I G •. E 1• • r �E { i I I t 00 s na i Milford Creek Subdivision Exhibit A Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 P ss Milford Creek Subdivision Exhibit A Page 2 2. Landscape Plan (dated; August 12, 2005) d �iSU °€ � d.I� � af�MI s� 0$41411.!11#111 iA0 ,odea i0,4;Iti1 Jill I i I iI 4 1 LLC Mob 19 it s 19 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as PP -1 prepared by Engineering Solutions, dated August 3, 2005 is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -05-047) shall also be considered conditions of the Preliminary Plat (PP - 05 -050). 1.1.2 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to Wainwright Drive except Lots 1 and 2 of Block 1 with the restrictions placed by ACRD. A note shall be placed on the final plat restricting access to Wainwright Drive. 1.1.3 A Iandscape plan shall be submitted prior to final plat showing the landscaping in relation to the changes required by this report. The submitted two-page landscape plan prepared by Harvest Design, dated August 12, 2005 will need to be amended prior to final plat with the following changes: • Lot 3 Block 1 must be extended to the property line or a landscape easement shown on the plat to provide for a 20 -foot landscape buffer in compliance with UDC 11-3B. The applicant and ACHD have agreed that Lots 1 and 2 will share a common drive. The common drive shall be defined on the final plat as an ingress/egress point of connection to Wainwright Drive. Lot 3 Block 1 shall be maintained by the Milford Creek HOA. • The open space lot, Lot 7 Block 3 shall include a 10 -foot wide landscape/pathway lot separating Lot 6 Block 3 and E. Meadowdale Street. The 5 -foot walking pathway shall be routed to connect with the multi -use pathway spur across E. Meadowdale Street and again to connect to the bike lane at the point N. Syracuse Way becomes a divided collector road. 1.1.4 All road drainage shall be contained on site in the drainage swales/areas as depicted. 1.1.5 Maintenance of all common areas shall be the responsibility of the Milford Creek Subdivision Homeowners' Association. 1.1.6 Place a note on the face of the final plat stating that all future front garage setbacks shall be 20 - feet as measured from the property line or the back of sidewalk, whichever is more restrictive. 1.1.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the City and the Irrigation District(s). 1.1.12 The name "Milford Creek Subdivision 2" shall be changed to either Milford Creek West or Milford Creek Addition for final plat. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 1 I - Exhibit B Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/612005 3A-1$ and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.6 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B. 2. Public Works Department 2.1 The applicant is proposing to sewer service to this site via extensions of mains proposed in Zebulon Heights #2. Zebulon Heights is sewering through extensions of mains located in Settlement Bridge which has not installed the necessary mains to serve Zebulon, therefore this property is currently not serviceable by the City of Meridian's sanitary sewer system Proceeding through the process is strictly at the risk of this applicant. The City of Meridian does not guarantee sewer service to this site within the timelines set out in the Unified Development 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 Zebulon Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The 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 pian review. A "draft copy" of the operations and Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF t2/6/2005 maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). 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. 2.6 All existing structures not contained on a newly platted lot, or not meeting required zoning regulations shall be removed 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 the building on Lot 1, Block 1. 2.8 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. 2.9 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. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with 11-12-3H. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.3 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.5 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.8 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.9 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly (898- 5500) to address this concern prior to the Final Plat. 3.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). Exhibit 8 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your final plat application. 5. Parks Department 5.1 Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. This condition will apply to the section of pathway to access North Slough Multi -Use Pathway. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 Tie into the existing 5 -foot attached concrete sidewalk on Wainwright Drive and extend the sidewalk to the west property line. The sidewalk may either be attached or detached. 7.2 Construct the main entrance to the subdivision, North Syracuse Way, to intersect Wainwright Drive approximately 270 -feet west of the east property line and in alignment with a roadway that is proposed on the south side of Wainwright Drive, as proposed. 7.3 Extend East Paint Street into the site from the west property line approximately 370 -feet north of the south property line, as proposed. 7.4 Extend East Paint Drive into the site from the east property line approximately 435 -feet north of the south property line, as proposed. 7.5 Construct the internal streets as 36 -foot street sections with rolled curb, gutter and sidewalk within 50 -fee of right-of-way, as proposed. 7.6 Construct a knuckle with an island within the subdivision, as proposed. Construct the island within the knuckle a minimum of 4 -feet wide with a minimum area of 100 -square feet and designed to maintain a minimum of a 29 -foot street section on either side of the island. 7.7 Construct an island within North Syracuse Way, as proposed. Construct the island to be a minimum of 4 -feet wide with a minimum area of 100 -square feet and designed to maintain a minimum of a 21 -foot street section on either side of the island. 7.8 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. Exhibit B Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 121612005 7.9 Utilize the existing 25 -foot wide driveway on Wainwright Drive for the existing dwelling located on Lot 1 Block 1. Pave the driveway its full width of 25 -feet into the site a minimum of 30 -feet beyond the edge of pavement of Wainwright Drive. 7.10 Eliminate Lot 2 of Block I from the plat OR create a shared driveway between Lots I and 2 of Block 1. In addition to a shared driveway, Lot 2 of Block 1 will be required to provide an on site turnaround to prevent vehicles from backing onto Wainwright Drive. 7.11 Milford Creek Subdivision #2's preliminary plat will be approved contingent upon the right-of- way within Zebulon Heights Subdivision #2 being dedicated to the public and the roadways being constructed or a financial surety is in place for the construction of the roadways prior to the signature of the final plat for Milford Creek Subdivision #2. 7.12 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.13 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.14 Private, sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 7.15 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.16 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.17 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.18 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.19 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. 7.20 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.21 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. 7.22 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 DIGLW (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 Exhibit B Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12!612005 Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.23 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.24 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Settlers' Irrigation District 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre - construction meeting. Exhibit B Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 C. Legal Description i'•G•"z4.'r IDAHO SURVEY Efi GROUP Project No. 05.164 111 & H Dereloprnent 1450 t:a~t Watertowcr st Suite 150 Mrridon. Idaho 63642 Phone (20a) 846-8S70 Fax (208) 884.5399 August 19, 2005 A parcel of land located in the SE I M of the NE 1/4 of Section 32, TAN., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the .East 1/4 corner ofsaid Section 32, from which the Northeast comer of said Section 32 bears North 00030'03" East, 2654.30 feel; Thence North 00°30'03" East, 442.38 feet; Thence North 89°51'56" West and along the North line ofZebulon Subdivision, as sante is recorded in Book 90 of Plats at Page 10588, Ada County records, a distance of 656.05 feet to the REAL POINT OF BEGINNING. Thence continuing North 89°51'56" West, 672.35 feet to a point on the West line of the SE 1/4 of the NE 1/4; "Thence North 0003 I TO" East, 882.72 feet to the NE 1/16 comer, common to the Southwest corner of Madison Park No. 3 Subdivision, as same is recorded in Book 77 of Plats of Page 8092, Ada County records; feet; Thence along the South line of said subdivision South 89°57' 14" East, 570.16 Thence departing said South line 57038'00" East, 120.22 feet; Thence South 00"30'43" West, 819.48 feet to the Point of Beginning. Containing 13.56 acres, more or less. RR APP A I- N sy [•,.lir, ;'ti�'_s`.` r. PL1FJUi: D Tenor• Peugh. PIS a'rr,F,:.;;,�c'trx-;I t.ortd Su> r y Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12!6!2005 f r -. ._.� .� -- . .-.,lam-� � �_• I 1 _ racr v ocmamw • f�``V 1 L /.. 1 I , • ' ♦ > 1 � 1 r 1 a c�ni'm• . Bassi" . ---r. -...-- ABp MILFORD CitEKK SUBDIVISON NO. 2 .--------.-•--_.-. _.___. ntagab$Fts MERIDIAN AnINEscA7tuN _.. _.-.. 4 .:'a G Sf•1.:vx 4:. 'f•d7'S^>i• 3 NypTx( RN.4',:, i iF. ' P!.'d. 6 -.Y _A4, r'. r- _,—......,T - Exhibit C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 D. Required Findings from Zoning Ordinance 1. Annexation 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: 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; In Chapter VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre. The Council finds that the requested residential zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the site to "Medium Density Residential", this is also continued with the North Meridian Comprehensive Plan Development application submitted for 2005. The density proposed with the preliminary plats are consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these medium density areas. The overall density of 3.54 du/acre is within the expected densities for this area. The Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes single-family detached products for the subject site (PP -05- 050). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. 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 commercial area by means of conditional use permits; The Council finds that the single-family homes would be allowed (permitted) within the requested R-8 zone. The entire site is being proposed as residential and upon build out staff would not anticipate changes of usage for this site. 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; Several road improvement projects are occurring in the near vicinity tied in with the approved and under construction projects, specifically Eagle Road and McMillan Road. Wainwright road is not within ACHD's Five Year Work Program or CIP (20 -year plan) for road widening. Zebulon Heights Subdivision to the west and Milford Creek Number 1 (Boise) Subdivision to the east have been tentatively approved for development similar to what is being proposed with Milford Creek Number 2 Subdivision. The subject property is generally surrounded by rural residential acreages and developing properties. The Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council rely on staff's analysis, public Exhibit D Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. 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; The applicant has not submitted elevations for the proposed housing units. The anticipated units will be designed and constructed to meet similar architecture to the single family detached residences in the area. The applicant (Engineering Solutions) is the same as for Zebulon Heights and Milford Creek Subdivisions; the Council believes that the design of these single family dwelling units will be compatible with the adjoining uses. Staff finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. The Council does not fend that the proposed zoningluses will adversely change the essential character of area. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council rely on public testimony (oral and written) to determine whether or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed uses will be disturbing to future or existing neighbors, as long as landscaping, fencing and other recommended conditions are exercised. Further, the Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions, 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 will the person responsible for the establishment of the proposed zoning amendment 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. Permanent sanitary sewer service to this development is to be provided by the undeveloped North Slough Trunk. Temporarily sewer service will be provided by the Lift Station serving Vienna Woods and Zebulon Heights Subdivision. At this time sewer does not exist at the location the applicant has shown on the preliminary plat. The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. If this application is approved, it shall be subject to availability of the sanitary sewer. The applicant shall also be responsible for any upgrades to the lift station that may be necessary to increase the capacity to handle this development. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Staff finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. Exhibit D Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 On October 1.4, 2005, a joint agency/department comments tneeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, the Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. 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. The 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. 1. 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; The Council finds that the proposed annexation and the development of this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, the Council does not believe that the amount generated will be detrimental to the general welfare of the public. The Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street access to Wainwright Drive and two internal accesses to the existing public street system. ACHD is supportive of the proposed streets and driveway locations. If is designed and constructed as required by the ACHD and the City, the Council does not believe that the subdivision will create interference with traffic on the surrounding public streets. ACHD has also required that Lots 1 and 2 of Block 1 be designed with a shared access or eliminate one lot. The applicant shall coordinate the access point to Wainwright in such a manner as to not interfere with traffic on a collector road. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The North Slough (Settlers Canal) runs directly north of this property. The Council would consider this feature non -scenic in nature but has been established as a pedestrian corridor. The Council recommends that this site be subject to the standard conditions of Settlers Irrigation District. There are few mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. The Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. Exhibit D Fags 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005 The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the city. In accordance with thefindings listed above the Council_finds that the annexation/zoning of this pmaerty, as moposed by the a licant would be in the best interest of the Ci see Analysis section in the Staf Report) 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation Findings Item A above. B. The availability of public services to accommodate the proposed development; Please see Annexation 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. The Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which council is unaware. Exhibit D Page 4 December 2,2W5 AZ 05-036 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Larkspur LLC ITEM NO. 23 REQUEST Ordinance No. Annexation and zoning of 10.30 acres from RUT to a R-8 zone for Larkspur Subdivision No. 2 — 200 and 205 E. 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 CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Ordinance 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 121151r?:25 PM DEPUTY Vicb Allen III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED -REQUEST OF Meridian City 105191311 CITY OF MERIDIAN ORDINANCE NO. ff — /2®4— BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ -05-036 LARKSPUR SUBDIVISION NO. 2) FOR ANNEXATION OF PROPERTY LOCATED ON LOTS 3 & 4 OF EDMONDS SUBDIVISION, BOOK 33, PAGE 2050 WITHIN SECTION 19 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Jose Luis Larrea & Arlen E. Dowdy SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. . a ANNEXATION OF AZ -05-036 LARKSPUR SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY C OUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 46f=' day of 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 61� day of 1)2 C.e" Z �— , 2005. O1r�M1VIY de WE9R] ATTEST:An 0 �/ o /J A G. BERG, A, CITY CtE -. 3RAL � ANNEXATION OF AZ -05-036 LARKSS g Page 2 of 3 STATE OF IDAHO, ) ) ss. County of Ada ) On this day of Ut4hkUt , 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) .4 .Go �Iuw q1 NOTARY PUBLIC FOR IDAHO RESIDING AT: jW Lia J(4 MY COMMISSION EXPIRES: iQ LI�l i ANNEXATION OF AZ -05-036 LARKSPUR SUBDIVISION Page 3 of 3 L.t C N[IVAILEYNX CIVIL AND STRUCTURAL ENGlNEERlNG Lots 3 and 4 in Edmonds Subdivision, Book 33, Page 2050, Ada County Plat Records, within Section 19, T3N, R1 E, B.M., City of Meridian, Ada County, Idaho, described by metes and bounds as follows: COMMENCING at the West 1/4 Corner of said Section 19, marked by an Aluminum Cap Monument as per corner perpetuation record Inst. No. 9149706; thence, along the West Line of said Section 19, North 0°55'00" East, 35.2.93 feet; thence, South 89057'32" East, a distance of 620.87 feet, to Northwest Corner of Lot 3 of said Edmonds Subdivision, and the POINT OF BEGINNING; thence along the North Line of said Lot 3, South 8905732" East, 501.43 feet, to the Northeast corner thereof; thence along the East Line of said Edmonds Subdivision, South 00°47'55" West, 824.15 feet, to a found 1/2 inch rebar marking the Southeast Corner of Lot 4 of said Edmonds Subdivision; thence along the South Line of said Lot 4, North 89057'16" West, 604.31 feet, to the Southwest Corner thereof; thence North 00000'09" East, 385.98 feet, to a point on the right-of-way of Rosalyn Court, as shown on said Plat; thence along said right -of --way, the following three (3) calls: 1. North 89159'56" East, 54.33 feet, to a 20.00 foot radius curve to the right; 2. along said curve, an arc length of, 23.52 feet, through a central angle of 67°22'48", and having a chord which bears, South 56018'27" East, 22.19 feet, to a reversing 45.00 foot radius curve to the left; 3. along said curve, an arc length of, 194.29 feet, through a central angle of 247°22'.48", and having a chord which bears, North 33041'33" East, 74.88 feet, to a point on the West Line of said Lot 3; thence along said West Line, North 00°00'09" East, 387.96 feet, to the POINT OF BEGINNING. Containing 10.29 acres, more or less. BY APP ➢0L i 8 ?005 C:\P-temp\Larkspur-Southwoods\DrawingsLSurvey\STK\04081 sub DESC.DOC MERIDIAN PUBM WORKS DEPT. tr�a�ta `a39�'� :es v�at otr iVI;Lc•:t20F,i-t6 -h u; �f4.$'t�b �•Bia.P, tit °: 4?4i2t{,' h;l Ord. , . 06-- �6- � (/,.lJ, l 'n w (;/ . 4i 4'4tt.i4a�9.iEi'� �lllc:f ,,r;tea..'r� t'st!ti 3 ,ORS£#7A ;p d N O F'o G i£Al�?at:? hHt�fiAl89x :A+b- rib a.%.Ztf*S � a g a i t i I 1 a I j f 1 � � 411 ti p OC r I 51 7 1 I 1 1 j 1 3 ,ORS£#7A ;p d N O F'o G December 2, 2005 RZ 05-008 MERIDIAN CITY COUNCIL MEETING December 6,2W5 APPLICANT Hawkins Companies ITEM NO. 24 REQUEST Ordinance No. : Rezoning of 2.61 acres from R-4 to C -G zone for Walgreens — 3150 W. Cherry Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Ordinance Contacted: Date: Phone: Emailed: Staff Initials: Materials presented of public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 12115/0(— -:25 PM DEPUTY Allen III IIIIIIIIIIIIIIIIIIIIIIIIIIillIIIII RECORDED -REQUEST OF Meridian t�105191332City CITY OF MERIDIAN ORDINANCE NO. ®S` l2 D 5 - BY BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE FINDING THAT IDAHO CONFERENCE OF SEVENTH DAY ADVENTISTS, INC., THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-05-008 - WALGREEN'S) FOR REAL PROPERTY LOCATED IN THE SOUTHWEST 1/ OF THE SOUTHWEST!/40F SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE- ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE -ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-4 (LOW DENSITY RESIDENTIAL) TO C -G (GENERAL RETAIL & COMMERCIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of sad property, to -wit: Idaho Conference of Seventh Day Adventists, Inc. SECTION 2. That the above-described real property is hereby re -zoned from R-4 to C -G (General Retail & Commercial) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re- zone said property. RE -ZONE ORDINANCE - RZ-05-008 WALGREENS Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this (9 OAA day of 4ecepw6zi— , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this f!1 day of �''''' h'� , 2005. a ATTEp SS i7 0. ,xi WILLIAM G. BERG, JR., de WEERD RE -ZONE ORDINANCE — RZ-05-(i08•"oI1"I S Page 2 of 3 STATE OF IDAHO, ) : ) ss. County of Ada ) On this day of e"\ -WA , 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) � hoL,/) Crsn"'�4k NOTARY PUBLIC FOR IDAHO RESIDING AT: JTtJW0L Je( MY COMMISSION EXPIRES: RE -ZONE ORDINANCE — RZ-05-008 WALGREENS Page 3 of 3 A Walgreens on Ten Mile Road RZ-05-008 Legal ]Description ySufcr 159 IDAHQ rasa E�cs�h c_ ASURVEY mlGROUP ��ane 7a� 84b870 Project No. 05-013 r— Mai se -1.5399 April 15, 2005 DESCRIPTION TEN M1t,EAND CHERRY LANE PARCEL REZONE HAWKINS COMPANIES A Pard of land located in the SW114 of the SWI/4 of a.m., Me11dian, Ada County, Idaho more particularly SWI/4 O S W ova: T.3N., R.1W_, BEGINNING of the SW corner said Section 2: thence along 345.50 feet; the West boundary line of said Section 2 North 00919'07' East. thence leaving said East boundary lino South 88°38,31"East, 317.50 feet; thence South 00°19'07" Wes}, 50,00 feet; thence South 88-38.31 a East 100.00 feet; thence South 00"18'07" Weal, 295,50 feet to a Of said Section 2; point on the South boundary line thence along said ngoor417.50 feet to the REAL South OF BEGINNING, containing 3.0acres.. more less. Prepared by. Gregory G. Carter, P.L.S. 9.41SC Pr'sl veNa'(&M'ib (65 C73ri ,b1ZONINGDESCdp¢ d.'J ages -*Be IRoal gel SO SI jaw Qrd��c ark. 0�-1 Z.os 4 N v IL 1 � h m ' �r -o Ul IL of �z �— ^1 Arm M�lgsl.� s �It .8Lo �I s w-ZOO , z roN N Wcf ; 1 FzLl z j ov- o fig r 4 x I� E meg, I 1 ■ araVr w tEiB .,WIAGiD A jE srlm 3 cm. o H Ej { December 2, 2005 AZ 05-023 MERIDIAN CITY COUNCIL MEETING December 6, 2005 APPLICANT Cherry Lane Christian Church ITEM NO. 25 REQUEST Ordinance No. : Annexation and zoning of 39.47 acres from RUT/C2 (Ada County) to C -N zone for Cherry Lane Christian Church — 2511 W. Cherry Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Ordinance / Attachments 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 121151 ^ 25 PM DEPUTY Veld Allen "-- RECORDED -REQUEST RECORDED-REQUEST OF Meridian City 105191333 CITY OF MERIDIAN ORDINANCE NO. e757— % 2 ® 6 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ -023 CHERRY LANE CHRISTIAN CHURCH) FOR ANNEXATION OF PROPERTY LOCATED IN A PORTION OF THE SE 1! OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO C -N (NEIGHBORHOOD BUSINESS DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Cheny Lane Christian Church SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to C -N (Neighborhood Business District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to 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 -05-023 CHERRY LANE CHRISTIAN CHURCH Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 6 f4- day of C P m, 6 -e i - , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 49/IS day of 1�4 e epry b_e t— 2005. ®ao. �, - - de WEERD ATTE5SEAL WILLIAM G. BERG, A., C -L _ .�tr /OBSIrv. ANNEXATION OF AZ -05-023 CHERRY'S 'I%1V CHURCH Page 2 of 3 ►►r►r iri � STATE OF IDAHO, ) : ) ss. County of Ada ) V t On this V day of OUVL6A , 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. *sesame (SEAL)00 es-�R. 0 , t •• Skcu 6) &' A' NOTARY PUBLIC FOR IDAHO RESIDING AT: WIZ. (bj 6t J� MY COMMISSION EXPIRES: —10-t f (( ANNEXATION OF AZ -05-023 CHERRY LANE CHRISTIAN CHURCH Page 3 of 3 E Cherry Lane Christian Church Annexation AZ -05-023 Legal Description ANNEXATION LEGAL A Parcel of land being Parcel B ae shown on Record of Survey No. 5576 for Graye Wolfe, and located in a portion of the SE1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as Mows; BEGINNING at a 5/8 Inch rabar markbtg the SE comer of said SEI/4; Thence along the South line of said SE1/4 N89°40'2WW a distance of 1556.82 feet to a 5/8 Inch rebar from which the SW comer of said SE1/4 bears N89040'29"W a distance of 1082.05 feet; Thence leaving said South fine N01°08'10"E a distance of 1118.81 feet to a 5/8 Inch rebar; Thence S88'51'50"E a distance of 1545.36 feet to a 5/8 inch rebar on the East line of said SE1/4; Thence along said East line 800°2T08"W a distance of 1098.83 feet to the POINT OF BEGINNING. Said Parcel contains 39.47 acres more or less and Is subject to all existing easements and rights-of-way of record or implied. oYCU n a,,nee, -90 • 1' )5- I `Z Otr C H6352 ANNEX MAL &x i ANNEXATION EXHIBIT MAP FOR CHERRY LANE CHRISTIAN CHURCH A PORTION OF THE SE 1/4 OF SECTION 10 TOWNSHIP 3 NORTH, RANGE 1 (PEST, BOISE MERIDIAN ADA COUNTY, IDAHO 2005 E1/4 CORNER SECTION 10 R EW APP R VAI- .� UNION PACIFIC RAILROAD APR 2 6 2005 r—RAILROAD RIGHT OF WAY MERIDIAN PUBLIC WOr.KS OEPT. 041 2 Ai 1 1 1C14 1 O Ih I I10 I � l Z I Q i 1 LEGEND 1 c� SECTION UNE w "-- — " PROPERTY BOUNDARY ff iR-0 ONNL LA — 25' WIDE PRESCRIPTIVE ROAD EASEMENT 1 RAILROAD RIGHT—OF—WAY I I Z 4 4 t^ FOUND BRASS CAP H 1 0 ® FOUND ALUMINUM CAP 11335 co FOUND 5/8' REBAR to ® FOUND �112- REBAR W/CAP MARKED LS 6801 0 F. I 'yFN R . 1-��` l 1 1082.05' 011 S 1/4 CORNER N89'40'.Z9"W 2640.67' r - 1-514 SECTION 10 FRANXLIN ROAD ®l'c( na no,e no. 05 -ow, SCAT F 1 inn' DETAIL FILENAME:PINNACLE I l�T l�T � DRAWN BY: C046352�INEX_8S.DWG j �J �� SRL Engineers, Inc. 12552 W. Executive Dr.. Suite B. Boise, Idaho 83713 (208) 887-7760 CREATION DATE: 04/12/2005 CHECKED 6Y: KNS 7 December 2, 2005 MERIDIAN CITY COUNCIL MEETING December 6, 2005 C APPLICANT ITEM NO. 26 REQUEST Executive Session per Idaho State Code 67-2345(1)(c) & (f) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.