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Home My WebLink About2007-12-04n E IDIAN;- 11 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, December 4, 2007 at 7:00 p.m. `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 the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba_ Joe Borton ®\ Charlie Rountree Keith Bird T K_ Mayor Tammy de Weerd 2. Pledge of Allegiance: /dV/ C 7w'0'.0 /,0,4- 3. 4S 3. Community Invocation by Pastor Craig Flinn with Meridian Alliance Church: 4. Adoption of the Agenda: t C 2 5. Consent Agenda: A7y-)Y,o 2 ¢ Cp_ A. Approve Minutes of November 13, 2007 City Council Special Workshop Meeting: q, B. Water Main Easement Agreement for Meridian First Baptist Church: a7l�W pV-r- C. Change Order No. 2 for the Water Division Buildina Project (Construction -Northwest Electric) for $9,349.00: air , wx_ D. Water Main Easement Aareement for J&K investments, Meridian. LLC: a7yg%,�ve_ E. Amendment to the Roster of Qualified Consultants for Enaineerina Services, Water, Wastewater, and Miscellaneous Meridian City Council Meeting Agenda — December 4, 2007 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 Public Works Projects of the City's Master Service Agreement with H.W. Lochner, Inc.: W" V',,t- F. Approve Standard Form of Agreement with Brown Construction. Inc. for the Construction of the Black Cat Road Water Main Improvements Project for $711,983.20: Alprow<— G. Development Agreement: MI 07-012 Request for a Miscellaneous application to modify several provisions of the recorded Development Agreement (Inst. 107099628) for the Gardner Ahlquist development and to include both phases of Gardner Ahlquist Subdivision into one Development Agreement for Gardner Ahlguist Gateway by Timberline Surveying, PLLC — Southeast Comer of East Franklin Road and North Eagle Road: Ayer -,rows -- H. Approve New Beer and Wine License for Fuddruckers by Grantt Grace Meridian, LLC at 3421 North Eagle Road:�rpv�c I. Sanitary Sewer Easement Agreement for Black Cat Sewer Trunk by Stetson Properties, LP: 6. Department Reports: A. Mayors Office: 1. Appointment to Meridian Development Corporation: a12poin,f Iati,,r.-,. deGvt-e`-c(, 7. Items Moved from Consent Agenda: �-,AA fy,,q 8. Impact Fee Annual Report by Finance Department:tJ-�.�tcaL 9. Public Hearing: 3rd Reading of Ordinance Amendment to the Parks and Recreation Impact Fee Schedule: clow 10. Ordinance No. 07-1342 An Ordinance to Amend the Municipal Code of the City of Meridian, County of Ada, State of Idaho, Amending Title 10, Chapter 7, Exhibit A, Meridian City Code, Known as the Meridian Impact Fee Ordinance Fee Schedule; to Provide for an Amendment to the Parks & Recreation Impact Fee Schedule; and Providing an Effective Date (3rd Readings): 477;�,,vv-e 11. Resolution No. a'7 —579 : Impact Fee Annual Inflation Adjustment: 11)1� V%4 -- Meridian City Council Meeting Agenda – December 4, 2007 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 12. Public Hearing: Substantial Amendment of CDBG Five -Year Consolidated Plan and 2007 Action Plan: �; �/� /V /-,* _jqg 13. Continued Public Hearing from November 20, 2007: RZ 07-016 Request for Rezone of 3.66 acres from R-15 zone to TN -R zone for Gramercy Townhome Subdivision by Tuscany Development, Inc. - south of E. Overland Road and we of S. Eagle Road: 14. Continued Public Hearing from November 20, 2007: PP 07-016 Request for Preliminary Plat approval of 38 single-family attached residential lots on 2.81 acres for Gramercy Townhome Subdivision by Tuscany Development, Inc. - south of E. Overland Road and west of S. Eagle Road: ��%m'v, '.G/' cle 15. Continued Public Hearing from Novepiber 20, 2007: CUP 07-018 Request for Conditional Use Permit fort multi -family dwelling units on 4 lots in an existing R-15 zone on 2.93 acres for Gramercy Townhome Subdivision by Tuscany Development, Inc. - south of E. Overland Road and west of S. Eagle Road: arm _ ,,, ilk 16. Public Hearing: MI 07-015 Request for a Miscellaneous application to modify the existing Development Agreement listing the permitted and prohibited home occupational uses within the Brownstones (Live / Work Units) and ensure the Brownstones and future condominiums are constructed as shown with the submitted elevations for Gramercy_ Townhomes by Tuscany Development, Inc - south of E. Overland Road and approximately % mile west of S. Eagle Road: ��, V-. - 17. Public Hearing: SHP 07-008 Request for Short Plat approval to create 2 building lots on 4.86 acres in a C -G zone for Gramercy by Kenai Partners, LLC -1925 S. Wells Avenue: A flgv ,v, _ lAxelte 0 o -/If- e el e- 18. Public Hearing: SHP 07-009 Request for Short Plat approval to create 4 units in 1 commercial building lot on 0.20 of an acre in a C -G zone for Newton's Nook Condominiums by Penwood III, LLC - 429 SW 5t" Avenue: 0 � _ � -�/ A C le 19. Public Hearing: TE 07-013 Request for approval of an 18 month Time Extension to record a Final Plat for Bainbridge Subdivision by Brighton Properties, LLC - SWC of Cbinden Boulevard and Ten Mile Road: 20. Public Hearing: CPA 07-010 Request to amend the Comprehensive Plan Future Land Use Map for the north Meridian area to include 645 acres north of the Phyllis Canal and south of the Boise River from Linder Meridian City Council Meeting Agenda — December 4, 2007 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Road to approximately'/ mile west of Black Cat for North Phyllis Canal Project by Sherrie Ewing: Q/�O "v e- All 6-, � 1 21. Public Hearing: CPA 07-015 Request for a Comprehensive Plan Text Amendment to create a new land use designation that would include open area, low-density, residential, medium low-density residential and medium -density residential uses with an anticipated average of density of 3 dwelling units per acre for North Phyllis Canal Project by Sherrie Ewing: 22. Public Hearing: PP 07-014 Request for Preliminary Plat approval for 34 commercial / retail building lots and 1 common lot on 17.84 acres within the C -G zone for Emerson Park Commercial by Kuna Victory, LLC — 2910 & 3030 South Meridian Road and 110 East Victory Road: Z3 , �acpcc,&/YL-�c S -e, -Y., 67-23��' Meridian City Council Meeting Agenda — December 4, 2007 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Broadcast Report Date/Time 12-03-2007 12:04:15 p.m. Transmit Header Tent City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 Total Pages Scanned: 1 No. Job Remote Station 001 480 3810160 002 480 8989551 003 480 2088848723 004 480 8886854 60-548-0—Y68- 8985501 006 007 480 480 8467366 8950390 This document: Failed (reduced sample and details below) Document size: 8.5 "x11 " MayorTammy de Weerd E IDIAN'`°'° Verth Mrd Joe ponon IDAHO Charles Rountree David Zuernba CITY OF MERIDIAN PUBLIC SERVICE ANNOUNCEMENT PUBLIC ANNOUNCEMENT I NOTICE 18 HEREBY GIVEN pursuant to the Ordnences or the C1iy of Meridian Mid the taws or the State of Idaho, that the city Corp of the city of Matman will hold a public hearing at the Merittian City Hag, 33 East Idaho Avenue, Merman, Idaho. at the how of 7:00 P.m. on Tuesday, December 4 2007, for the purpose of reviewing and wnsidenng the appkation CPA 07-074110 of Sherrie Ewing to amend the Comprehensive Plan Future Land Use Map for the north Marlen area to hu;lude 845 awes north of the Phyllis Canal and south of the Boise River from Linder Road to approwmately % mile west of Brach Cat for North Phyllis Carel Project and appfiedon CPA 07415 for a Comprehensive Plan Tend Amendment to create a now land use designation that would laduds open area, W%wd eraity, residential, mediums I wv4srreity rsaidsrttial and madam-dans4y residenUai uses with an ardidpated average of density of 3 dwa tg units par acre for North Phyllis Carat Project. More particular descrifto of the alcove intommetlam are on tib in the Planning Deparlrnsrd, 650 East WeWtawer Lata, Suite 202, Meridian, Idaho and are available for inspection during regular business hours, Monday through Friday, from a:0o a.m. to 5:00 p.m. Copies of the above appihwllorts are available upon request. Any and all Interested parsons shall be heard at said pubttc hearing, and the public is V40WM a and Invited to submit tasUmony. oral testimony may be ftNed to three (3) minutes per parson. Written mateflels may be submitted seven (7) days prior to the above hearing date so gun all Interested parties may exangna them prior to the hearing. Ali materials presented at publlo meafts; shad become property of time City of Mandiian. Anyone desking accanmodation for disab6itlss related to dDarfiwth author hswwW. please contect the City Cleric's Office at 0069433 at least 72 hers prior to the public me" DATED this 9" day of Noverithar, 2007. o �; �� •---•.�, sem• WILLIAM Q. BERM, JR., CITY ($ER� �. T'4 ver m9+ •'' Page t of 1 Total Pages Confirmed : 15 Start Time 11:49:21 a.m. 12-03-2007 Duration 00:01:19 11:49:21 a.m. 12-03-2007 00:00:20 11:49:21 a.m. 12-03-2007 (10:00:16 11:49:21 a.m. 12-03-2007 00:00:17 11:49:21 a.m. 12-03-2007 00:00:17 11:49:21 a.m.12-03-2007 11:49:21 a.m. 12-03-2007 00:00:19 00:00:18 Pages Line Mode Job Type Results 1!1 1 EC HS CP9600 1/7 1 EC HS CP21600 1/1 1 EC HS CP28800 1/1 1 EC HS CP28800 1/1 1 EC HS CP31200 1!1 1 EC HS CP28800 111 1 EC IHS CP31200 Date/Time 12-03-2007 Local ID 1 2088884218 Local ID 2 W b Remote Station0 20888826820 88407450 20 8881983 0 2083776449 4679562 8886700 8841159 8840744 Abbreviations: _ Broadcast Report PL: Polled local PR: Polled remote MP: Mailbox print TU: Terminated by user WS: Waiting send 12:04:21 p.m. Transmit Header Text City of Meridian Idaho Local Name 1 Line 1 Local Name 2 Line 2 StartTlme Duration Pages Line Mode Job Type Results 11:49:21 a.m. 12-03-2007 00:00:16 1/1 1 EC HS 11:49:21 a.m. 12-03-2007 00:00:17 111 1 EC HS CP336 00 11:49:21 a.m. 12-03-2007 00:00:16 111 1 EC CP28800 11:49:21 a.m. 12-03-2007 00:00:19 1/1 1 EC HS CP31200 11:49:21 a.m. 12-03-200T 00:00:34 1/1 1 EC HS CP24000 11:49:21 a.m. 12-03-2007 00:00:16 1/1 1 EC HS CP14400 11:49:21 a.m. 12-03-2007 00:00:00 0/1 1 HS CP28800 11:49:21 a.m. 12-03-2007 00:00:17 1/1 1 -- EC HS HS FA 11:49:21 a.m. 12-03-2007 00:00:17 1/1 1 EC CP28800 HS CP28800 HS: Host send HR: Host receive PL: Polled local PR: Polled remote MP: Mailbox print TU: Terminated by user WS: Waiting send MS: Mailbox save CP: Completed FA: Fall TS: Terminated by system G3: Group RP: Report P EC: Error Correct V Date/Time Local ID 1 LocalID 2 Total Pages Scanned: 6 Broadcast Report 11-30-2007 03:31:38 p.m. Transmit Header Text City of Meridian Idaho 2088884218 Local Name 1 Line 1 Local Name 2 Line 2 No. Job Remote Station 001 474 3810160 002 474 8989551 003 474 2088848723 004 474 8886854 005 474 2088985501 006 007 474 1474 8467366 18950390 This document : Failed (reduced sample and details below) Document size: 8.5 "x11 " ftse'Ris-�Tr Rabt�c,t+,�t.,�'Mrucslt MaprTammy de fterd E IDIAN ` `° 'e°� 8w Joe sorton 1 D 101 H Charles Rountree Dav;dZaremM NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Counril of the City of Meridian wifl hold a Special Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, meridian, Idaho, on Tuesday, December 4, 2007 at 8:00 P.M. The Marit2an City Council will be d1wussing the following agenda items - Executive Stan= per Idaho Std Code 67=2345(1)(a)ft): The public is welcome to attend the meeting. DATED this 30th day of November, 2007. i McNdtan COY SpedM Mdeftna AS-,& — December 4,2W7 Page 1 of 1 ARM* desd"tfin¢ g exon b0fs remed toeMeWnp shd be=* d W hwdnA am Weare =bot the COY Chile 0%- at 8564438 et least 48 hours Pftto the pub& meeting, Total Pages Confirmed: 90 Start Time 02:58:08 p.m. 11-30-2007 Duratlor 00:05:35 02:58:08 p.m.11-30-2007 00:01:24 02:58:08 P.M. 11-30-2007 00:01:10 02:58:08 p.m. 11 -30-2007 00:01:09 02:58:A p.m.11-30-2007 00:01:54 02:58:08 p.m. 11 -30-2007 02:58:08 p.m. 11 -30-2007 00:01:10 00:01:09 Pages Line Mode Job Type Results 6/6 1 EC HS CP9600 6/6 1 EC HS CP21600 6/6 1 EC HS CP28800 6/6 1 EC HS CP28800 6/6 1 EC HS CP28800 616 1 EC HS CP28800 6/6 1 EC HS CP31200 Results CP33600 CP31200 CP31200 CP24000 CP14400 CP28800 FA CP28800 CP26400 Broadcast Report Date/Tlme Local ID 1 11-30-2007 03:31:47 p.m. 2088884218 Transmit Header Text City of Meridian Idaho Local ID 2 Local Name 1 Line 1 Local Name 2 Line 2 Duration Pages No. Job 008 474 Remote Station StartTlme 208 888 2682 Line Mode Job Type 009 474 8840745 02:58:08 p.m. 11 -30-2007 00:01:06 6/6 1 EC HS 010 474 2088885052 02:58:08 p.m. 11 -30-2007 00:01:08 6/6 1 EC HS 011 02:58:08 p.m.11-30-2007 00:01:08 6/6 1 EC HS 474 8881983 02:58:08 p.m. 11 -30-2007 00:01:18 616 1 EC 012 474 2083776449 02:58:08 p.m. 11 -30-2007 00:02:09 6/6 HS 1 EC 013 474 4679562 02:58:08 p.m. 11-3 00:01:09 6/6 1 HS 014 474 8886700 02:58:08 p.m.11-30-2007 00:00:01 0/6 EC HS 1 015 474 8841159 02:58:08 p.m. 11 -30-2007 00:01;17 616 -- HS 1 EC 016 474 8840744 02:58:08 p.m. 11 -30-2007 00:01:15 6/6 1 HS EC HS Abbreviations: HS: Host send HR: Host receive PL: Polled local MP: Mailbox print TU: Terminated by user WS: Waiting send PR: Polled remote CP: Completed TS: Terminated b s Y system MS: Mailbox Group 3 save FA: Fall RP: Report EC: EC: Error Correll Results CP33600 CP31200 CP31200 CP24000 CP14400 CP28800 FA CP28800 CP26400 Meridian City Council Meeting December 4 2007 A meeting of the Meridian City Council was called to order at 7:24 p.m., Tuesday, December 4, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Joe Borton and David Zaremba. Others Present: Ted Baird, Will Berg, Anna Canning, Bob Stowe, Bill Johnson, Kyle Radek, Stacy Kilchenmann, Rita Cunningham, Todd Lavoie, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Council. Thank you all. I apologize for the length of our meeting before this and we will go ahead and get started. It is Tuesday, December 4th. It's 24 after 7:00. 1 will open tonight's City Council meeting with roll attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Okay. Item No. 2 is our pledge of allegiance and since we did not have an opportunity to ask anyone to lead us in the pledge, do I have a volunteer from one of our Boy Scouts to lead us in the pledge? All right. You rock. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Craig Flinn with Meridian Alliance Church: De Weerd: Now, thank you. I will ask what your name is and what troop you represent. Well, thank you, Jason. We appreciate it and I do have a City of Meridian pin I will ask the city clerk to give you. Thank you for starting us off tonight. Okay. Item No. 3 is our community invocation. Is Pastor Flinn here? Oh, there you are. We will be led tonight by Pastor Craig Flinn. He's with Meridian Alliance Church. If you will all join us in the invocation or take this as an opportunity for a moment of reflection. Flinn: In following Madam Mayor's suggestion, I'd like to lead us in three moments of silence for different communities of people around the world or here. First, for the people that live along the coast of Washington and Oregon, if we could just consider Meridian City Council December 4, 2007 Page 2 of 77 them. Remember our troops, whether they are serving us here in the United States or if they are deployed abroad in many of the different situations they are deployed in. And as the scriptures instruct us in First Timothy to remember those that serve us in government, here locally, the leadership team that's before us. The police -- the law enforcement, the firemen, the educators. Lord, we acknowledge that you're supreme. You are not a man, you're a God, and you're among us. May you give us wisdom tonight to see your will and the humility to walk in your ways. Particularly for this leadership team that you have appointed for such a time as this, that they might see what is right and their place of serving among us, to lead us and a place live, work, and play that's not only safe, but filled with energy and that pleases you. Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor Flinn. We appreciate you joining us tonight. Item No. 4 is the adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Let's see. We have had no items requested for continuance. On Item 11, the resolution number is 07-589, and with that one comment I -- I'm song. Yes. And we do need to add an item -- we need to add an Item 23, which would be an Executive Session per Idaho State Code 67-2345(1)(a) and (1)(f). And with that I move that we adopt the agenda as written. Rountree: Second. Zaremba: I'm sorry. As amended. De Weerd: Okay. I have a motion and a second to adopt the agenda as changed. All those in favor say aye. All ayes. Motion carred. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of November 13, 2007 City Council Special Workshop Meeting: B. Water Main Easement Agreement for Meridian First Baptist Church: Meridian City Council December 4, 2007 Page 3 of 77 C. Chance Order No. 2 for the Water Division Building Project (Construction — Northwest Electric) for $9,349.00: D. Water Main Easement Agreement for J&K investments, Meridian, LLC: E. Amendment to the Roster of Qualified Consultants for Engineering Services, Water, Wastewater, and Miscellaneous Public Works Projects of the City's Master Service Agreement with H.W. Lochner, Inc.: F. Approve Standard Form of Agreement with Brown Construction, Inc. for the Construction of the Black Cat Road Water Main Improvements Project for $711,983.20: G. Development Agreement: MI 07-012 Request for a Miscellaneous application to modify several provisions of the recorded Development Agreement (Inst. 107099628) for the Gardner Ahlquist development and to include both phases of Gardner Ahlquist Subdivision into one Development Agreement for Gardner Ahlguist Gateway by Timberline Surveying, PLLC — Southeast Comer of East Franklin Road and North Eagle Road: H. Approve New Beer and Wine License for Fuddruckers by Grantt Grace Meridian, LLC at 3421 North Eagle Road: I. Sanitary Sewer Easement Agreement for Black Cat Sewer Trunk by Stetson Properties, LP: De Weerd: Consent Agenda. Item 5. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move that we approve the Consent Agenda as written and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you, please, call roll. 0 Meridian City Council December 4, 2007 Page 4 of 77 Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayors Office: 1. Appointment to Meridian Development Corporation: De Weerd: Okay. Thank you. Item 6 under department reports, I did get Councilmen Borton's e-mail about stepping down from the MDC, as he had a conflict and my appointment would be is -- is there a memo form in front of you is to appoint the Mayor as the other elected representative and would open it up to any questions. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I move that we approve your appointment of yourself, the Mayor, to the open seat on the MDC board. Rountree: Second. De Weerd: Okay. I have a motion and a second. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. Thank you. Okay. There were no items moved from the Consent Agenda. Item 8: Impact Fee Annual Report by Finance Department: De Weerd: Item No. 8 is our impact fee and a report by our finance department. Stacy. Kilchenmann: Madam Mayor, Members of the Council, for 2007 1 am the new -- De Weerd: Is that on? Is that mike on? Meridian City Council December 4, 2007 Page 5 of 77 Canning: It's always on, so -- De Weerd: Okay. Berg: You just got to get closer to it. Kilchenmann: Okay. I just need to get closer. So, this is my first year as the impact fee administrator, which I did with much help from my friends Ted and Rita and Todd, who are all here tonight to answer questions. But if you will notice in your report on your computer is the annual report and this is the annual report that was prepared with and discussed by the committee and some of these pages were prepared in response to various questions and so forth by the committee. So, I'm just going to go through them quickly. The first three pages we discussed at the budget hearing previously. They are the projected impact -- or they show you what we started with at the beginning of '06, what we earned in revenue, what we expended, and what we have budgeted through '08, with an estimated balance that we will have at the end of next year. Then, the new green part that we have dropped underneath is just excerpted from the BBC original plan that we did in 2006 for each department. So, these reports go through fire, parks, and police, a page for each. Are there any questions on those particular pages? Okay. After those three pages we did a report that's called an Impact Fee History and what we did is just kind of to show you where the impact fee has gone since 2006 when we first changed our methodology and accepted the BBC methodology. So, you can see the maximum fee for the study is in the first column and, then, we have the fee that the impact fee committee actually came back and recommended to you. And, then, in the third column on December 1st is the fee that you actually adopted and the difference between the fee that you adopted and the fee that the committee recommended is that you switched part of the funds that were recommended for parks to fire. So, when we -- when we analyze this, the net impact was a loss to fire -- or a loss to police of about 155,000 dollars. So, although the bottom line impact fee was the same as the committee recommended, there was a shift between departments. Then, in the next column, dated November 7th is the fee that the committee -- the Impact Fee Committee is recommending and they are recommending that that 246 dollars that was taken from parks be reinstated to parks. And, then, there is a blank space for whatever we decide tonight. So, any question on that page? The next page is a summary of all our -- all the parks that we own and their stages of development. It's park acres per thousand. Probably -- there are a lot of numbers on this page, but the most relevant numbers are in the lower right-hand comer where you can see at the time of the BBC report our acres per thousand were 2.838 and in 2007 they are 2.687. And so this -- this report actually summarizes population, city acres, back to 2002. It's got some historical basis. And, then, the next page is just -- the committee was -- just wanted to look at building permit sales, so we did residential building permit sales. It's kind of an historical -- the same kind of thing you get on the monthly reports, but they were interested in the commercial building permits, seeing that by square footage, since the public safety 0 Meridian City Council December 4, 2007 Page 6 of 77 impact fees do have a square footage calculation in them. And, then, the final -- final page is the ordinance -- I believe that's right, Ted. Correct me if I'm wrong. But it allows for us to use a factor to increase -- for increased costs in construction and it -- it recommends something called an ENR, which is an Engineering News Report, which is, basically, a compilation of construction numbers throughout the country to develop an inflation factor, so to speak, and there are -- it either -- they are either calculated by region or there is one that's compiled for the entire United States. After some discussion, the committee felt comfortable with the using the whole United States one, because if concrete might be high in the west, doesn't necessarily mean it's more expensive in the east, depending on the demand and supply and so forth. So, that's why we decided to go with the one for the entire United States. The committee did not recommend that we adopt the fee this year, but that is something that you can -- you can still choose to do. It actually comes out for -- we go from November '06 to November '07, it comes out to 2.28 percent. And if you have any -- which is 42 dollars for the residential and a penny for the commercial. And if you have any detailed questions about those, Todd will answer them, because he's an ENR expert. I believe he put in front of you some'-- some more information about how it's calculated. So, are there any ENR questions? De Weerd: Council? Bird: I have none. Rountree: None. De Weerd: Okay. Kilchenmann: So, that -- that concludes my report. De Weerd: Council, you have no questions? Borton: Madam Mayor? De Weerd: You did such an outstanding job. Zaremba: Pretty straight forward. De Weerd: Mr. Borton. Borton: I'm going to look over the foliage at you, Stacy. And I don't know if maybe this is the time for the question or the next part of the process, but did the committee make - - do an analysis and we were talking about indexing and construction costs, in trying to E Meridian City Council December 4, 2007 Page 7 of 77 0 catch those variables with regards to land acquisition costs and the changes in those assumptions? Kilchenmann: No. We didn't look at land costs at all, just the construction. Borton: But was that discussed -- Madam Mayor? Was that discussed by the committee or -- Kilchenmann: No. We discussed looking at it next year, but we did not look at changes in land cost this year. So, we did not reopen the CIP plan, because when we re -open the plan, then, we will go back in and the costs that were used in 2006 will most likely go up. So, Ted might be able to -- if I'm not explaining that. Baird: Madam Mayor, Members of the Council, Councilmember Borton, the committee did have quite a discussion about the inflation adjustment factor and one of the reasons that they recommended against applying the inflation factor for the year 2008 is they just weren't comfortable that the ENR was capturing the true cost inflation the items included in our CIP, our Capital Improvements Plan. So, when we get to Item 11 on your agenda, that resolution, you can -- you can read that history that the ordinance allows you to impose it, but the committee just thought that they would rather come back and do a little bit more work on it for the 2009 calendar year. Borton: Okay. Thanks. Item 9: Public Hearing: 3`d Reading of Ordinance Amendment to the Parks and Recreation Impact Fee Schedule: De Weerd: Any further questions? Hearing none, that was a report. It is -- does have a relationship to probably No. 9. 1 will go ahead and open No. 9, the Public Hearing, with the third reading -- this isn't the third reading of the ordinance. Baird: Madam Mayor, Members of the Council, it is -- Item 10 is the referenced ordinance. De Weerd: It is the third reading of the ordinance amendment to the parks and recreation impact fee schedule and I will open this Public Hearing with staff comments. Baird: Madam Mayor, I would be happy to give some background on this. The impact fee annual report did give you sort of a general background, but what you have before you in the Public Hearing is on an ordinance that looks an awful lot like the ordinance that was brought to you last year. It's based on the work that was done by BBC Consulting in their 2006 report and what it is -- it brings forward to you the development impact fee committee's recommendation that the City Council implement the 246 dollars 0 Meridian City Council December 4, 2007 Page 8 of 77 0 in the parks impact fee per residential building permit to institute the -- what has been referred to as the fully funded impact fee. By way of background, last year when the City Council decided to not impose the maximum fee for parks, you were, in essence, making a commitment to fund the balance of the Capital Improvements Plan by general fund dollars or other dollars and I think you will hear some testimony here from members of the committee and members of the community. Their recommendation was to impose it, but it was not unanimous. So, with that as way of background, I suggest we take some testimony and address your questions. De Weerd: Thank you. We do have a Public Hearing on this -- this item. Is there anyone who would like to provide testimony? If you will, please, state your name and address for the record. LeClaire: Yes, I will. My name Tom LeClaire and I reside at 1923 Pratt in Meridian, Idaho. I'm a member of the Meridian City Parks and Recreation Commission and I also am a member of the impact fee advisory committee and I made the motion to adopt this increase and so -- and I was -- so, I think it's good that I come here and encourage you to vote for it. The committee had a very good discussion about this. We have a tight housing market now and we have seen building permits decrease over the last year and so it wasn't an easy -- it was not an easy decision, because of the change in the market that we have seen in the last year, but, still, we felt as a group by a majority that this recommendation from the 2006 advisory committee on impact fees was the right one. It was defensible at the time and it would better help us fund to the capital improvements needed in the Meridian park system as new construction continues in the future. And so I would encourage the Council to vote for this ordinance change and I'd stand for any questions you might have. De Weerd: Council, any questions? Bird: I have none. LeClaire: Thank you very much. De Weerd: Thanks, Tim. Additional testimony? Kunz: Madam Mayor, Gentlemen of the Council, I'm Joe Kunz, I represent the Building Contractors Association and address would be 6206 Discovery Way and that is in Boise. De Weerd: Thank you. Kunz: I want to thank you for the opportunity to come and to address you tonight on this important issue that not only involves us as the building industry, but the entire city as a 0 Meridian City Council December 4, 2007 Page 9 of 77 whole. When -- I was not in with the BCA a year ago when they adopted the current fee structure and so as a member of the impact fee committee, when it came time to review this year, I needed to start doing quite a bit of research and getting caught up to speed on -- as I did, it was a very educational process for me and found out many of the things that Ted has related to you here this evening in regards to the BBC report and their Comprehensive Plan and ordinance adjustments that they propose to you. As was mentioned, the fee a year ago, the maximum defensible allowable fee is 1,846 from the BBC report. The Council chose to fund that at 1,600 dollars, lower than that maximum allowable -- allowable report. When the recommendation did come out of the committee, the recommendation was to split that -- that decrease in the maximum allowable amongst all of the three impact fees that are collected, parks, fire, and police. Here at Council it was changed to fund fire and police at their full one hundred percent, but we remove -- it was an 89 dollar difference to fund those at their full cost and which came out of the recommendation from the Council for the parks impact fee. So, the impact fee committee a year ago went through a lot of discussion, as I have spoke to members that sat on that committee, as to what they thought that fee level should be a year ago, recommending that 1,600 dollar impact fee. As I spoke to them, a lot of their rationale on -- on it was that -- going to that full maximum defensible allowable, would -- that it would be too harmful to the industry and that it was not the correct time. The fee as is doubled a year ago to go to that 1,600 dollar level and that it was not the correct time to go beyond that. I'm here tonight and -- and want to argue that -- that nothing has changed from a year ago. In fact, the market conditions have even gotten worse in the last year and to go beyond that -- or to increase the fees at this time would be a greater strain than it was a year ago. Our builders are -- the housing slow down, as you're aware, has affected the Treasure Valley, as well as the whole nation and our builders are struggling right now through these conditions. The prices that they are receiving for their homes, their sale prices, in many instances don't even cover the costs that they are putting into build those homes and so it is -- it is very difficult and in that -- in those conditions any fee increase is magnified. So, by raising these at this time it would have a much greater effect even than what the increase did a year ago. I also encourage you to use caution in increasing these fees, that as was discussed, there has been many things in the inflation. We as the committee did not feel comfortable recommending an inflationary increase this year through our discussions and especially in the parks fee, I would argue, has seen the most charge. The majority of the funds coming out of the parks impact fee go to fund new parks and buying -- the primary cost is buying new land. De Weerd: Can I ask you to, please, summarize? Kunz: Yes. De Weerd: Thank you. 0 Meridian City Council December 4, 2007 Page 10 of 77 0 Kunz: All right. This new -- new land prices, as a result of the slow down, have -- prices have fallen, therefore, the -- with not being able to revisit the capital improvements plan every year, that would be cost prohibitive. There should be consideration taken into the increase in parks impact fee that those land prices have fallen and the Capital Improvement Plan would not be as large -- were able to be adopted again this year. Also, when you're talking about impact fees and fees in general, there must be an affordability side wage -- or taken into account -- De Weerd: I need a -- I'm song. I need to cut you off and ask Council if they have any questions. Bird: I have none. Rountree: I have none. De Weerd: I have a question and it's -- it's the same question I asked last year, in terms of the cost to provide these services don't change. I mean the CIP was accepted by the committee last year. In fact, many of those we found were underestimated in the cost. So, by not charging the full impact fee, the cost is still there. Who does that cost get passed onto if we do not charge it to the growth that it needs to respond to? Kunz: The cost is there, as you have mentioned. That cost continues to go on and the fire and police portion of those capital improvement plans, due to your recommendations a year ago -- and, Council, I commend you for those -- are funded at one hundred percent. The parks impact fee is the only one that is not and as I was describing, there are many factors that go into that. The largest portion is that raw land value, which has decreased during the last year and, therefore, the impact -- or the amount of increase is not necessarily as large as needed to be. My recommendation would be to restore that 89 dollars to the parks that the Council removed in Council meeting a year ago, to restore it to what the committee recommended a year ago, but not go to the full 246 that is allowable. De Weerd: So -- but what -- we are actually developing land that we already have and those costs have been increased, so the cost of the -- this growth to respond, you know, to the capital needs to serve the increased growth, that cost, essentially, will be passed onto the current residents. So, then, the committee is recommending -- or your group that you represent on this committee is recommending, then, that cost be, then, deferred to the existing residents? Kunz: Not simply to the existing residents, that are -- they are -- as I have mentioned, the need may not be as large as it was a year ago for this parks capital improvement plan. Yes, there are many things going into the construction of the -- the equipment for the park is still there and those costs have risen, but there is an offset with the fall in E Meridian City Council December 4, 2007 Page 11 of 77 0 land prices and the shift goes onto Meridian city residents, either through increased -- whether it's in the impact fee, it goes through increased home values and reduces affordability for people to live in the City of Meridian on those increases to new homes, as comparables will increase the cost of housing across the board, and so it will increase everyone's cost of living in Meridian as a result of that, not -- and so either way it will be bore by all citizens. De Weerd: I guess, you know, that is one of the things that I did ask of the committee is to open up the CIP to -- to have that reality check adjustment, both with the cost of land and with the cost of -- of our projects. I think they could have washed -- been a wash, but it was suggested by our consultant that we hired three years ago to not do it more than every three years. So, is your suggestion that that CIP should have been opened and -- and re-evaluate the cost of those, so we could fairly assess what the maximum allowable amount should be? Kunz: No. My assessment is that the CIP should not be opened every year, that is a very costly and time consuming process that would cause even more dollars to be spent by the city in consulting fees and it is not a necessary thing to bring consultants in to review the CIP every year, but there are certain factors which we, as members of the committee and as citizens of Meridian, and as Council members you can address on a yearly basis and this is one of those that I -- that I feel can be addressed without opening up the entire CIP. De Weerd: Okay. Baird: Madam Mayor? De Weerd: Mr. Baird. Baird: If I could add by way of information and a reminder that the Capital Improvements Plan is a ten year plan and as you pointed out, what we have been concentrating on in the last year and in the foreseeable future is developing the land that we own and this -- this Council has seen month after month budget requests for budget increases due to cost increases in the cost of developing those parks. So, I think the point has to do with which of those items on this Capital Improvements Plan you're choosing to perform within that ten year period and I think the point's well taken that right now we are trying to deal with the land we already have. I'm not trying to advocate, I'm just trying to point out some facts by way of information. De Weerd: Thank you. Any further questions for Mr. Kunz. Thank you. This is a Public Hearing. Is there any further testimony? I do see a couple of other committee members. Yes, Mr. Tumbull. 0 0 Meridian City Council December 4, 2007 Page 12 of 77 Tumbull: Thank you, Madam Mayor, Council. David Turnbull, 12601 West Explorer Drive, Boise. I didn't come here tonight to discuss this matter and I'm not probably terribly prepared, but I would add a couple of points to what Joe said. And I have not analyzed your CIP and I don't know what all the components are. I know that Council talked about your priority now is to develop existing land, so it looks like new land purchases are probably off the table and if that's so, that's fine and good, but I guess I'd ask the question is land purchase a part or a component of your CIP and if it is, you need to examine what the cost basis is you're looking at for land, because I would tell you in the last year land costs probably -- raw land costs have probably declined about 40 percent. I do know, too, that we are seeing better bids in almost every infrastructure or project we do now. You will recall we just opened up the McMillan -Meridian intersection and the cost figures on that were, you know, not -- not what we would have liked to have seen them be. We just bid out the Linder -McMillan intersection and we were just so pleasantly surprised, we didn't know that we would be able to get all of the improvements in that design completed for the budget that we had and we had an outstanding bid. So, that's just one example of how some costs are coming down. De Weerd: So, you will get all the improvements done? Turnbull: It will go -- it will go all the say passed the high school. De Weerd: Oh, very good. Tumbull: Yeah. Very cool. I do know that in our internal subdivision improvements we are seeing better costs from almost all of our subcontractors. Probably the one major component would be anything related to oil and those -- you know, so PVC pipe keeps going up with the cost of oil. But everything else, including labor, seems to be coming down. And I'll try to be brief. I have been through some budgets with my home division recently, because, as you know, home prices are suffering, too, and we have to build homes more efficiently and so I have given them a mandate that they have to have a minimum ten percent cost reduction in just their hard cost of building and they have been able to do that with the exception of one cost, which is the one uncontrollable cost we have and that's called city fees, impact fees, sewer fees, so forth. And, of course, we don't have any control over that. And as I go comparing plans from year to year to year, I have seen the cost of that line item go from about 5,000 dollars to 10,000 dollars. And those -- you know, I think we are probably used to the idea that they are never going to come down, but I think Joe does make a good point that we have to look at this in the eye of the current economy and if the components of your cost structure that go into your impact fee are, in fact, coming down, then, maybe there is some latitude for you to at least not increase the fee as much as you might be allowed to do. So, those are my only comments. Like I said, I don't have any details that I can give you from your own plan that would help support that argument, but I did want to add that for the record. Thank you. Meridian City Council December 4, 2007 Page 13 of 77 De Weerd: Thank you. Any questions, Council? Kilchenmann: Madam Mayor, can I just add a little on the land cost? De Weerd: Do you have a question for Mr. Turnbull? Kilchenmann: No. De Weerd: Thank you. Turnbull: Then I can sit down? De Weerd: Yes. Kilchenmann: It's just some information. In our CIP plan that we are using, land was 110,000 an acre, was the value, and we have not purchased any land in the last year, but we did receive a developer donation within the last year and they value the land -- they valued the land that they gave us during the past year at 170,000 an acre. So, that is a substantial increase from the value that we originally put in the CIP plan. De Weerd: I won't ask whose donation that was. Is there any further testimony? Council, it does not appear that we have further testimony from the public. Do you have any additional information that you need from staff? Rountree: I don't. De Weerd: Thank you. Well, I would entertain a motion to close this Public Hearing, then. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I'd move that we close the Public Hearing on Item No. 9. Bird: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 9. All those in favor say aye. All ayes. Motion carnes. MOTION CARRIED: ALL AYES. is Meridian City Council December 4, 2007 Page 14 of 77 Item 10: Ordinance No. 07-1342 An Ordinance to Amend the Municipal Code of the City of Meridian, County of Ada, State of Idaho, Amending Title 10, Chapter 7, Exhibit A, Meridian City Code, Known as the Meridian Impact Fee Ordinance Fee Schedule; to Provide for an Amendment to the Parks & Recreation Impact Fee Schedule; and Providing an Effective Date (3rd Readings): De Weerd: Item 10 is in relationship to Item 9 and that's Ordinance No. 07-1342. 1 will ask Mr. Berg to, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 07-1342, an ordinance to amend the municipal code of the City of Meridian, County of Ada, State of Idaho, amending Title 10, Chapter 7, Exhibit A, of the Meridian City Code, known as the Meridian impact fee ordinance fee schedule, to provide an amendment to the parks impact fee schedule and provide an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none. Council? We are at the third reading and so I would need a motion to know the direction you would like to go on this. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we adopt ordinance number 07-1342. De Weerd: I have a motion to approve the ordinance on Item 10. Do I have a second? Rountree: I'll second that. De Weerd: Do we have discussion? Mr. Berg, will you, please, call roll? Berg: Madam Mayor, I do have a discussion that I need to have -- make sure we have the effective date. Baird: Madam Mayor, Members of the Council, the state statute requires that if you do adopt a change in your fee, that the effective date can be no earlier than 30 days after the date of publication and that would be no sooner than -- I'm looking. It would be the first week in January of 2008. De Weerd: So -- 0 Meridian City Council December 4, 2007 Page 15 of 77 Zaremba: Madam Mayor, the maker of the motion would suggest the first of February, 2008. Rountree: No. Zaremba: Is that a reasonable suggestion? De Weerd: Does second agree? And I guess that would be the test. Does second agree to that effective date? Zaremba: Do we have a calendar that shows February -- what day of the week is that? It's a Friday? Rountree: Well, there is plenty of cushion in that date certainly. De Weerd: Second agrees. Discussion? Hearing none, Mr. Berg. Berg: Thank you, Madam Mayor, Members of the Council. The effective date's February 1 st, 2008. Roll -Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 11: Resolution No. 07-589 Adjustment: De Weerd: Item 11 is resolution 07-589. Zaremba: Madam Mayor? De Weerd: Yes. Impact Fee Annual Inflation Zaremba: The resolution provided in our package actually requires us to make the decision. It provides, as I recall, both options, either that we raise it by the permissible 2.28 percent or that we waive the inflation adjustment for this year. I don't know whether I should make the motion first or discuss it first. I guess I'll discuss. Having taken the committee's recommendation to amend the fee, I'm inclined to also take the committee's recommendation not to add the inflationary adjustment this year. I think doing one or the other is -- is necessary and having done one, I would suggest that we not do the other this year. If we had not passed the other ordinance, I would actually be in favor of the inflationary adjustment, but we are recovering, I believe, what we need to recover to keep the CIP in effect without taking too much additional fund out of the general fund 0 Meridian City Council December 4, 2007 Page 16 of 77 and, therefore, I'm going to go ahead and make a motion. I move that we pass resolution 07-589, making the choice that we not -- I'm song. Let's see how it's worded. Making the choice that the city has elected to waive the inflation adjustment for the 2008 calendar year. Rountree: Second. De Weerd: I have a motion and a second regarding resolution on Item No. 11. Any discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: For discussion of this -- in the earlier vote, which for me is difficult -- it was difficult last year trying to make that increase. One of the things that we discussed last year and sort of phasing it in some of the concepts and take some of the sting out of the increased impact fees, it's difficult to support entirely, although I do support it and I'm sensitive to what Joe and David have said, we know clear well that it's difficult times and the city's sensitive to try and do what we can to -- to make that work. I wholly support waiving the inflation adjustment and I appreciate Stacy's comments with regards to reassessing some of these costs, not only the construction costs, but the land costs as we move forward to make sure that we actually capture the true expenses and nothing more -- well, with these impact fees. I know it's always the intent, but we want to make sure we don't error too high, by any means. So, while I begrudgingly support adding on the additional park impact fees, I'm just adamant in my opposition to an annual inflation adjustment as well. De Weerd: So, you're speaking in favor of this motion? Borton: Very much so. De Weerd: Thank you. Borton: I think I'm the second. De Weerd: Any further discussion? Rountree: I have none. De Weerd: Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. E Meridian City Council December 4, 2007 Page 17 of 77 MOTION CARRIED: ALL AYES. Item 12: Public Hearing: Substantial Amendment of CDBG Five -Year Consolidated Plan and 2007 Action Plan: De Weerd: Item No. 12 is a Public Hearing and -- oh, there you are. I will go ahead and open the Public Hearing on Item 12. Kane: Thank you. Madam Mayor, Members of Council, I'm Emily Kane, I'm a Deputy City Attorney for the City of Meridian. As you may recall, CDBG stands for Community Development Block Grant, which is a grant program administered by the U.S. Department of Housing and Urban Development and as required to apply for the CDBG funds that were allocated for the city, we submitted a draft of our proposed five year consolidated plan and 2007 program year action plan to HUD by August 15th, according to HUD's regulations and I have been working with HUD representatives since that time to address their reasons regarding the regulatory eligibility of our planned CDBG programming under the original plans. So, with HUD's assistance, the plans, as amended, are now in compliance with the regulations, but in the course of making those revisions, the plans underwent a substantial amendment, which requires that we solicit public testimony regarding the amended plans and initiated another 30 day public comment period before HUD will release the funds under the revised plans. So, this item is on your agenda tonight to allow public to testify regarding the amended plans, which have been available for review by the public on our website and by hard copies in notebooks at the library, the senior center, and City Hall for the past two weeks. So, I will be available to answer any questions you may have following the public testimony. De Weerd: Thank you. This is a Public Hearing. I would invite any of the public that would like to comment on this item. Staff, any comments? Council, any questions regarding this? I know we have seen the extensive part of it prior -- earlier this year and these are just a few clean-up items that we had to come back through the process; is that correct, Emily? Kane: Madam Mayor, Members of the Council that is correct. The substantial amendment was generally regarding the description of the activities that would be conducted under the plans and under the definition of substantial amendment, as it was defined in our citizen participation plan, under the original plans and as amended that requires us to just make sure the public has the opportunity to comment on the -- it's not exactly reworded, but the newly compliant portions of the action plan. De Weerd: The most exciting part. So, Council, no questions for Emily at this point? No public testimony? Then I -- Meridian City Council December 4, 2007 Page 18 of 77 Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we close the Public Hearing on Item 12. Bird: Second. Zaremba: Second. De Weerd: I have a motion and a couple of seconds on closing the Public Hearing. All those in favor say aye. All ayes motion carnes. MOTION CARRIED: ALL AYES. De Weerd: Next steps, Mr. Baird. Rountree: We have to approve the amendment and the action plan, do we not? Baird: Madam Mayor, I will hand that back over to Mrs. Kane and I want to also, while I have got the microphone, I want to thank Emily for all the work that she's done on this. It's the first year we have done this. It's hyper technical. She has really helped us get to where we are and I will let her tell you what the next step is. De Weerd: Well, I'd like to echo that. The learning curve has been huge and that you have filled in the gaps very will and appreciate all your work. Next step. Kane: Madam Mayor, Members of the Council, the public comment period is -- it's now open and it will go through January 4th and this will be brought before you on I believe your January 8th agenda to have you sign off on it and I'm hoping to submit it to HUD on January 9th. With any luck, they will approve it that week. They have asked me to submit four copies of what they have seen so far, so that's a sign that they are ready to get the preliminary stuff out of the way, so they can just give it their stamp of approval hopefully that week. De Weerd: So, right now this was for a verbal public testimony, now we will seek the written public testimony and ask for Council action, then, in January. Kane: Madam Mayor, that's correct. De Weerd: Okay. 0 • Meridian City Council December 4, 2007 Page 19 of 77 Baird: Excuse me, Madam Mayor and Members of the Council. I'm getting a hand signal from Anna Canning that we probably need to reopen the hearing to get that on the record what those next steps are. Canning: Actually, Madam Mayor, Members of the Council, I thought the last time we did this we kept the Public Hearing open until you had your next discussion on that item, that the hearing record was kept open for that written testimony. I have stumped Mrs. Kane. Kane: Madam Mayor, Members of the Council, it was actually on its own night last summer. It was on a Wednesday night and I believe that Mr. Berg closed the Public Hearing at that time -- it's a little hazy. I think that was six months ago. I believe that either way it would be procedurally appropriate. Rountree: It's not going to hurt anything. De Weerd: Mr. Berg. Berg: Madam Mayor, not to get all mixed up with this, but when we did the grants with the senior center and LP, we had to keep the Public Hearing open for -- was it seven days, after we had the public for the written comments and, then, we closed it. This is a little different. I don't think this is the same format that we did then. So, we might be getting those two things mixed up. I remember closing the acceptance of anymore information last time. De Weerd: Well -- Borton: Madam Mayor? De Weerd: Yes. Borton: I think we have to reopen it. I don't know how we can -- how we can continue if there is a public comment period and someone provides comment between now and the 4th and we would want to hear that and that might influence our decision on what we do with the substantial amendment. I don't know how we go forward otherwise and keeping the Public Hearing open. I guess our next meeting date after the 4th would be January 8th, is a Tuesday, I don't know if that's too late, if we can continue it, leave it open until January 8th, come back, find out what the public comment was, and take action at that time. Hopefully that doesn't screw up the schedule. De Weerd: Mrs. Kane, does that work? 0 • Meridian City Council December 4, 2007 Page 20 of 77 Kane: Madam Mayor, Members of the Council, Councilman Borton, I am looking up the citizen participation plan, which is what governs this. Madam Mayor, Members of the Council, it just says that written testimony will be accepted during the 30 day public comment period and that a Public Hearing will be held to kick off that 30 day public comment period and last time I personally accepted the public comments. There was only one. De Weerd: Well, we appreciate that one person who commented. I guess we can't error by keeping this open, just for the public record. So, if it doesn't matter either way, just error on the side of caution and ask Council to open the Public Hearing, if you so choose. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we reopen the Public Hearing on Item 12 and continue that hearing until January 8th, 2008. Borton: Second. De Weerd: I have a motion and a second -- Zaremba: Madam Mayor, discussion. Madam Mayor, this may just be semantics, but in order to have the intervening testimony part of it, I would suggest that we =- rather than use the word reopen, that we cancel our closing of it or something to the effect that makes it retroactive to -- so that we didn't ever close it. De Weerd: I -- Zaremba: I don't know if that's important or not. De Weerd: -- don't think it matters. Rountree: I think, Dave, you're being Dave. Zaremba: Okay. De Weerd: All those in favor of the motion say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Okay. 0 0 Meridian City Council December 4, 2007 Page 21 of 77 Kane: Thank you. De Weerd: Thank you, Emily. I guess I should have asked you what the next steps were before we entertained the motion to close the Public Hearing. So, we will hear this again, then, on January 8th. Item 13: Continued Public Hearing from November 20, 2007: RZ 07-016 Request for Rezone of 3.66 acres from R-15 zone to TN -R zone for Gramercy Townhome Subdivision by Tuscany Development, Inc. — south of E. Overland Road and west of S. Eagle Road: Item 14; Continued Public Hearing from November 20, 2007: PP 07-016 Request for Preliminary Plat approval of 38 single-family attached residential lots on 2.81 acres for Gramercy Townhome Subdivision by Tuscany Development, Inc. — south of E. Overland Road and west of S. Eagle Road: Item 15: Continued Public Hearing from November 20, 2007: CUP 07-018 Request for Conditional Use Permit for 32 multi -family dwelling units on 4 lots in an existing R-15 zone on 2.93 acres for Gramercy Townhome Subdivision by Tuscany Development, Inc. — south of E. Overland Road and west of S. Eagle Road: Item 16: Public Hearing: MI 07-015 Request for a Miscellaneous application to modify the existing Development Agreement listing the permitted and prohibited home occupational uses within the Brownstones (Live / Work Units) and ensure the Brownstones and future condominiums are constructed as shown with the submitted elevations for Gramercv Townhomes by Tuscany Development, Inc — south of E. Overland Road and approximately'/ mile west of S. Eagle Road: De Weerd: Item No. 13, 14, 15, 16 and 17 are all related. I will open up these public hearings -- Baird: Madam Mayor? De Weerd: Yes. Baird: It's my understanding that Item 17 needs to stand alone, so it would be my suggestion at this time to open 13 through 16. 0 • Meridian City Council December 4, 2007 Page 22 of 77 De Weerd: I will do so with the advice of our esteemed city attorney there. Items 13, 14,15 and 16. 1 will open those public hearings and ask staff to comment. Canning: Thank you, Madam Mayor, Members of the Council. This project is the Gramercy Townhome project. It's -- the site is approximately a quarter mile west of Eagle Road and just south of Overland Road and the subject property is currently located -- I'm song, I didn't need to include that part. The applications before you tonight are a rezone, preliminary plat, Conditional Use Permit, and a DA modification. The request is to rezone 3.66 acres in the center of the project from R-15 to TN -R and that's this lot here, with concurrent preliminary plat of 38 residential building lots on 2.81 acres and that would allow for future construction of attached townhouses on that site. The applicant also requests conditional use approval for multi -family residences on four other existing R-15 properties, one, two, three and four. The applicant intends to condominium the multi -family buildings consisting of 31 total units. As noted before, the applicant is proposing a unique product mix for this development. They are essentially townhouses, it's just some of them are on individual lots and some of them will be condominium-ized. So, we classify them differently, but they are all primarily townhouses. These are the townhomes in the center of the project. These are the ones that are going to be on their own individual lots. So, they have a shared entrance going to each unit -- this one has its own entrance and these two have a shared entrance. These spaces down on first floor will be available either as far as the dwelling unit or as part of a home occupation for a small office or other uses. And I will go through those in detail, but I wanted to show you the elevations. These are the multi -family units and, again, they are -- this is the garage side of them, so we have one, two, three, four garages here. This is a typical layout for the multi -family, so you will see the driveways coming in. Here is one, two, three and four. So, they will come off of a common parking court, with the buildings facing that court, and, then, they will face the street in some instances or generally landscaping. And, then, this is the Brownstones. The easiest way to identify where you are on these Brownstones is to look for the stairs. So, here is a stair well, here is a stair well coming up, and here is one, two, three there. So, this would be four units and this would be the building with the five units. Okay. The gross residential density is 12.02 units per acre for both projects combined. I did show you the elevations already and, you know, just as a personal note I think we have been asking applicants and challenging them to come in with good multi -family and transit supportive densities and as staff we are excited to have an example to hold out in front of future applicants with regard to this application. The Commission did recommend approval at their October 18th, 2007, Public Hearing. Becky McKay and Joe Atalla spoke for the applicant. No one spoke in opposition or commented or provided written testimony. Key issues of discussion by the Commission were parking for the future condominiums, secondary access to the site, occupancy classifications, additional trees and foundation landscaping. Whether the comers of the development should be considered reviewed and multi -family apartments or single family condominiums. Requiring a 20 by 20 parking pad for the condominium units as stated in the staff report. And, then, the Meridian City Council December 4, 2007 Page 23 of 77 applicant clarified at the hearing that future condominium units meet the 80 square feet of private useful open space requirement for the UDC. Key Commission changes to staffs initial recommendation were they removed a condition requesting additional parking spaces from the fire department. They provided additional trees and foundation plantings and they amended condition 3.11 with regard to working with the Meridian Fire Department in determining the classification of the Brownstone units. And they -- on condition 3.2.3 and 4.2 they struck through the preferred location for secondary access to Mountain View High School. The applicant has worked on several of those issues prior to tonight's hearing. They have submitted a revised site plan, which is the one that I presented before you tonight, dated November 2nd, 2007, reflecting the Commission's recommended parking standards, specifically with regard to the 20 by 20 parking pad and the parking stalls dimensions for the multi -family units. The applicant has removed one of the multi -family units now, so there are only 31 as I mentioned earlier. Originally they requested 32. Staff did review the revised site plan and finds the applicant in compliance with the city's parking standards. The applicant also submitted a miscellaneous application to amend the development agreement for the site and the proposed DA modifications pertain to tying it to the elevations I have shown you tonight and also the potential home occupations on the site. So, staff has amended condition 1.1.3 related to the proposed DA modification and that DA modification -- the purpose of it was to limit the uses and to note some of the prohibited uses within the Brownstones. To give you a flavor for those, the allowed uses would be things like small offices, accounting, architecture, engineering, things like that. Some of the prohibited uses would be like a hair salon or a nail salon, so -- the idea is to keep very low impact uses within there. The applicant provided us a response letter. They did request that we remove one of the Public Works conditions related to flood plains. This site is not in a flood plane, so staff does not object to removing the condition. The applicant also requests removing a police department condition related to common entrances. The applicant had already met with the police department to clarify their question regarding shared entrances. There is no more than two units sharing an entrance and the police have been concerned that there was more than four sharing those entrances. So, staff is in favor of removing that condition as well. And with that I'll answer any questions you may have. De Weerd: Thank you. Council, any questions for staff at this time? Bird: Not at this time. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You may have said it, Anna, but I might have missed it. Has the condition related to the fire department's classification of the Brownstones been resolved? Meridian City Council December 4, 2007 Page 24 of 77 Canning: My understanding was that, yes, it was resolved. Rountree: And if the chief wants to answer, I'm -- Johnson: Madam Mayor, Councilman Rountree, I believe so. When I talked to Deputy Chief Silva he did not bring up anything about the classification, so he said he had been working with the developer on this. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna, it is a rezone request. What other uses could occur in a TN -R zone if the property were flipped? Canning: Madam Mayor, Members of the Council, the -- the home occupation standards are more lax for the TN -R to allow them additional folks coming or perhaps working there in the TN -R. So, you can have, I believe, one employee. I may have to look this up. We haven't done too much TN -R. But it allows for clients to come to the site and it does allow for an employee to come to the site. So, it loosens up some of our home occupations, but we don't ever list what a home occupation is. We don't specifically say these are the only things you can do with a home occupation. We rarely have one that isn't just an at home office. So, I think that the applicant's intent was to -- for their purposes we'll narrow down what some of those uses -- allowed uses would be and I'm -- I'm sure they can provide you more testimony on that as well. De Weerd: Is there any -- so, there is no restrictions, but is there anything of concern, then, from the fire department in types of materials stored or anything -- anything like that? Canning: There are general standards that it needs to be similar to what the residential neighborhoods would have. So, we don't -- we've never had a problem with it, just to be honest. It's been -- they haven't been a problem. If there are problems it would be with like a nail salon where there is fumes, possibly. I can bring up that section of code for you while the applicant is speaking and have that available for you. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. 0 Meridian City Council December 4, 2007 Page 25 of 77 Zaremba: I think in our application they suggested that among the prohibited businesses be anything that required the plumbing to be rearranged. That probably would cover the nail salons and the hair salons and, you know, a photo studio that they have a different kind of waste and things like that. If I may segway to another question, in the TN -R are there -- are there any different regulations about parking or signage? Home occupancy businesses, just out in a general subdivision, are not allowed to have signage, usually. But is any provision in TN -R? I have forgotten. Canning: Home occupations are allowed one small sign and I don't believe there is any special provisions for TN -R. I can double-check that quickly while the applicant is speaking as well. Zaremba: Thank you. De Weerd: And any concern -- I guess this kind of brings up new things and I know it has -- had been discussed, but in terms of any special treatment from the sewer treatment plant -- is there any concern from Public Works on these zones? Has that been discussed? I don't remember any kind of discussion as far as what might be going into our waste stream. Canning: Madam Mayor, Members of the Council, we did discuss it with the building department, with members of Public Works, at that time and one of the qualifications they were looking for is that it not have an impact on the plumbing, as I recall, that it needed to be standardized, so that would insure that there weren't additional impacts on the sewer or the water in the area. De Weerd: Thank you. Is the applicant here? Hi. McKay: Hi. Good evening, Madam Mayor, Members of the Council. Becky McKay, Engineering Solutions, 1029 North Rosario. I'm representing the applicant on this particular application. Just to kind of refresh your memory, on the Gramercy project we -- it was a mixed use project. We had retail along Overland. We proposed some multi- story office toward the mid section, and as we moved south toward Thousand Springs, which is single family development, we transition to residential with a differing type of residential. We had the -- the -- what we call the courtyard units here, which were detached single family dwelling sharing a common drive and, then, we identified these comers here, here, and here is Kiwanis Park. This comer here, here and here and here as future multi -family. It was at the request of staff and the desire of the Council that we come back for a Conditional Use Permit to show the Council what those units would look like and that's one reason that we are here this evening. Secondly, we worked diligently on these Brownstones here. There is an alley access that comes through the middle. Those are the -- what we call the live -work. With those particular units we -- we were at 2,376 square feet for each particular lot that that townhouse sits on and under Meridian City Council December 4, 2007 Page 26 of 77 that R-15 designation we needed to be 2,400, so we were just a little bit under that. In meeting with staff and talking through this project, it was their recommendation that the rezone TN -R just for this Brownstone area made the most sense. Then, we didn't have an issue of the 24 square foot shortage that we had on our lot sizes and, then, we would fall within that -- the live -work scenario would be allowed under that TN -R. The other thing the staff asked us to submit was a modification to our development agreement. Basically to clarify these -- the live -work units, as far as what particular uses are allowed. These will be owner occupied. They can't lease the space out. The intent is the owner that lives there, maybe he's an accountant, maybe he sells insurance, that they would have an office area on that bottom level and, then, the other two floors are their own residents and those are townhomes. The work area, the maximum would be 545 square feet, so it's very small. The things that we listed would be any type of professional office and that's typically with a home occupation permit, what -- jurisdiction C and they also find studios, so someone has their -- they are an artist and they have a little studio, they may give lessons. Jewelry, crafts, something like that, on a very very small scale. So, you know, if the Council wants some further clarification or language put in that development agreement, I think we are comfortable with that. We didn't want to list everything, because you just -- it's impossible, you know, to have it take in any possible use. It was our desire with this project originally that with the nice balance of mixture that people can live and work here, in the retail area, the office area, and even within their own home and if you look -- Anna, could you put up the elevations? We wanted to make sure that unlike other multi -family developments in the valley, some of them that the Council has not been very pleased with the esthetics of them, we wanted a variety of looks and they came up with this French country look and the English cottage look. So, we will have a variety. These particular units come in pods of five, four, three and two. So, that also gives them a difference in their appearance. The other thing that was nice is their orientation where the -- Anna, if you will go back to the site plan -- oops. The orientation of them, the bulk of the building is not what you see from the street. What you see is the end of the building and I had an opportunity to go to California and go through a project that had this type of product and that really made a visual difference, because you don't see all that bulk and you could walk by some of those multi -family townhomes -- I thought it was a single family dwelling until I took another look and you get the landscaping in there and it's -- it's really a nice feel and we believe that what we are proposing here is really going to make a statement and that has been our intent. One of the other things that the staff wanted me to clarify -- I think it was that we will meet the 80 square foot of private usable area per unit. We will be meeting that. We had a lengthy discussion with the Planning and Zoning Commission about the parking pads in front of the two car garages for each unit. We ended up adjusting our site plan and meeting that 20 by 20 pad that the ordinance required. The debate came when you're talking condominiums versus townhomes and the definitions and, luckily, we got through that and only lost one unit in making this fit the recommendation of the Commission. As far as the size of these townhomes, they will be up to 2,000 square feet. The Brownstones here will be up to 2,400 square feet, so they E Meridian City Council December 4, 2007 Page 27 of 77 • are pretty good sized units. As far as the amenities in this particular project, I think the staff asked that I clarify that. The multi -use pathway that we originally proposed coming down the Ridenbaugh and, then, going into Kiwanis Park and, then, wrapping back into the Gramercy project, has been completed. We did donate this 2.14 acre parcel here as part of Kiwanis Park and financially participated in the improvements of Kiwanis Park. There is a pocket park here between the two Brownstone buildings. Those improvements have been completed and it does have an interactive water feature in it. We show another pocket park here and that would, obviously, be installed when these particular units here are developed. Do you have any questions? De Weerd: Anna, can we go back to the elevations? McKay: The live -work ones? De Weerd: Yeah. The condominiums, I guess. McKay: These? De Weerd: Yeah. So, it's -- it's -- the bottom floor is just doors, either a front door or garage doors. Are those doors that -- I'm trying to figure out -- McKay: It's kind of hard to see. De Weerd: I guess my question is the bottom -- the first level on that are just doors, either garage doors or front doors. McKay: Right. But they do have decorative features on those garages. We also had islands separating -- little landscape islands separating each particular parking area to break that look up. I'd probably want Joe -- if you want to ask questions about the architecture, to discuss that, because he was the one that worked closely with the architect on this design. Canning: And, Madam Mayor, Members of the Council, if you look at the site plan, the only elevations you will see from the street are the side elevations and there are no garages on the side elevations. So, if you look up here, this is the side elevation you will see from the street. You will see the side elevation here, as well as here and here. This is a smaller unit. The only people that really see the garage one are the inhabitants of the -- the units. It's similar to the alley concept where there is a lot of garages along the alley, but, then, the street facades don't have any garages. De Weerd: Well, I don't know. It is the elevation you will see from the park, from Kiwanis Park. 0 ! Meridian City Council December 4, 2007 Page 28 of 77 McKay: You will see the side. Canning: It's just the -- there is a two -- just the two unit one here and the garages would be -- actually, on that one I guess the garages do face the street. Probably the most visible elevation will be the rear of this one from the YMCA parking lot. De Weerd: And is the rear elevation -- what's the rear elevation look like? Do you have a rear elevation? McKay: No. Madam Mayor, we do not have a rear elevation of that structure. De Weerd: Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: The Brownstones, I believe it is, that have stairways leading up to two entryways -- McKay: Yes, sir. Zaremba: -- are those ever going to be condominiums or will that be a single business -- a single building with five or six different occupations? McKay: Madam Mayor, Councilman Zaremba, those will be townhouses, so they will have own their lot, the live -work area, and, then, the dwelling above it. Zaremba: Then -- McKay: They will not be condominiums. The only ones that will be condominiums are the -- these comer units that you see here and here. These are all townhouses and the plat is before you tonight for the 38 townhomes. Zaremba: Then, my question is on the townhome ones, there would be a property line down the center of the stairway; is that correct? McKay: That's correct. Zaremba: Which leads me to the next question. Where we have had driveways that had something like that, we have required cross -access agreements. I'm concerned that you may some day have owners in one apartment that don't get along with the owner of the other apartment and try and put a barrier down the middle of the steps, because it's 0 Meridian City Council December 4, 2007 Page 29 of 77 their property line and I'm curious whether anybody else thinks that there should at least be a perpetual cross -access agreement to the stairway in place. McKay: I'm not sure -- I'm not sure if that would be necessary, because you have half on one side and half on the other. If we go to that elevation -- Zaremba: How wide are the stairway? I'm sorry. McKay: Probably six is what I'm told. I mean one could note on the plat -- it gets pretty messy when we try to put those cross -access easements, especially if they are small, on the plats. It's better to note on the plat and, then, obviously, include it in the CC&Rs. Zaremba: That would work. McKay: Would that be acceptable? De Weerd: It's an interesting question. Zaremba: I just think it should be noted somewhere that people understand that somebody else is going to walk on half of their stairs or -- De Weerd: Or there is a liability on half of their stairs. Are these single ownership? Are these -- would it have individual ownership? McKay: Yes. Each -- each home would have individual ownership. So, you would look at it just like if it were a townhome. So, what you're looking at here is five different units with five different ownerships. De Weerd: And who maintains the stairs, then? McKay: They have to spell that out in the CC&Rs. De Weerd: So, that would be something -- McKay: Just like with an alley. De Weerd: -- in the CC&Rs? McKay: Absolutely. It would be very similar to who will maintain that alley in perpetuity. There has to be provisions in those CC&Rs for that. So that, you know, it would be similar with these. De Weerd: So, it sounds like that's taken care of in the CC&Rs. Meridian City Council December 4, 2007 Page 30 of 77 Zaremba: It certainly could be. I could be satisfied with that McKay: And we have met, Madam Mayor, with the fire department I think four times, tweaking this, making sure that the fire access, emergency vehicle access to these structures, was adequate on the issue of the classification, so that -- that has been all worked out. De Weerd: Those are nice. I'm not sure about the garages, but I always have an issue with that. McKay: Madam Mayor -- De Weerd: Maybe I do want to talk to your -- McKay: If they put -- I have noticed if they put windows -- decorative windows in them or different designs on the garage, it makes all the difference in the world as far as the esthetics when you look straight on. But I will have Joe kind of go through the architecture with you. That's why he's here. De Weerd: What, did you anticipate this? Atalla: Joe Atalla, Parkpoint Development, 6223 North Discovery Way, Boise. De Weerd: Thank you. Atalla: Madam Mayor, Members of the Council, it's been our goal in this project to try to mitigate the impact of cars and garages and all that throughout the whole thing, not just the residential park, but also the retail and commercial areas, and Anna -- yeah. Thank you. The courtyard units that Becky mentioned, these here, they are oriented in a way to hide the garages, so there aren't garages along the street. The Brownstones have the garages on the alley and so these townhomes -- well, condominium units here function similarly in that their garages are not facing the public street, they are only -- as Becky mentioned before, the people that would see those garages are the people who live there. And so from the public realm, it's very well mitigated in terms of the parking garage -- you know, the garages. This here is oriented this way, specifically because we provided additional parking here at the request of -- I believe Planning and Zoning, Council planning staff originally for the Kiwanis Park and the police department wanted access into here, so that they can get a better visual of the entire park from that vantage point. So, that's why those units right in this pod are oriented that way specifically. The elevations -- well, if you can go back to those. Thank you. There may be, you know, considerable garage along this facade, but the units still function as separate units, each with the front door, as Anna mentioned -- or as Becky mentioned before and I • Meridian City Council December 4, 2007 Page 31 of 77 0 think Anna did, too, these -- this here would be the elevations seen from the streets. So, you would have a front door, no garage visible from the public street. But with the architectural enhancements, stone, here we have brick, as well as the tree planters, landscaping in front of there, we feel at least -- and hope you agree -- that -- that that mitigates the -- the presence of those garage doors in that private auto court area. Is there any other questions? De Weerd: Council? Bird: I have none. De Weerd: Thank you, Joe. This is a Public Hearing. Is there any public testimony on this application? Council, any questions needed from the applicant or staff at this time? Rountree: Madam Mayor, I need confirmation from staff that I understand what I think I understand. Essentially on that diagram, the rezone is for this property? Canning: Yes, sir. Rountree: And that would take care of Item 13. The Brownstones are this area and that takes care of Item 14. And the difference between the acreage here for the Brownstones and the entire acreage is the acreage for the park between those two items, because there is about 8/10ths of an acre difference. Canning: I'll have to double-check. Perhaps the applicant can nod at me. Do you have two separate plats or are these -- two -- yes, sir, that would appear to be correct. Rountree: And Item 15 would be the four comers and you have not held that up long enough for me to count the units, but it says 32, but I believe we were told there would be 31. Canning: Yes, sir. And I did count the units. Rountree: I amaze myself. Thank you. Canning: Madam Mayor, Members of the Council, I can go over the home occupation stuff. I checked the TN -R. There are no special provisions in the TN -R with regard to uses or home occupations. The standards. are in here. The allowances are made for provisions B, C, E and F in the TN -R and it's says you don't have to strictly comply. It does leave a little latitude for staff to perhaps not strictly comply. The first one is that -- which all home occupations would be held to, is that you cannot cause the premises to differ from the residential character. The home occupation shall be conducted entirely in the dwelling. Again, there are some provisions within the TN -R to not hold them strictly 0 0 Meridian City Council December 4, 2007 Page 32 of 77 to that. Because there is no other room on the site, they will be held to the dwelling in this case. No activity connected to a home occupation or any storage of goods or products connected with a home occupation shall be allowed in any detached accessory structures. Again, that won't apply, because there is no detached accessory structure. Home occupations shall not have more than two outgoing pickups per day. There are provisions to allow more than that in this zone. The home occupation shall be conducted by the inhabitants of the dwelling and no more than one nonresident employee shall be permitted. Again, there is allowances for a little more than that. Home occupations shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. They would be held to that. No retail sales shall be permitted from the dwelling, except the sale of services or items produced or fabricated on the premises as a result of the home occupation or to products related to the home occupation. Then off-street parking shall be provided. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m. Borton: Madam Mayor? De Weerd: Yes. Borton: Anna, on H can you give me an example of what's a home occupation -- the number two -- or, excuse me, the retail sale of a product related to the home occupation? What's that? Canning: We sometimes get hair salons as home occupations and they sell shampoo, conditioner, jell, spiking jell. Or it could be somebody that makes crafts and sells those crafts from that location. De Weerd: So, if you go there for a haircut, you can't buy hair products? Canning: No. You know. That's the exception. De Weerd: Oh. Okay. Canning: But you couldn't go have your hair done and, then, buy candy. De Weerd: Oh, bummer. Canning: Unless it can also serve to spike your hair. Borton: Okay. Thanks. Zaremba: I used to put candy in my hair and you can tell it's not a good idea. It pulls it all out. 0 Meridian City Council December 4, 2007 Page 33 of 77 Canning: Especially the bubble gum, sir. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You suggested, you know, somebody who makes jewelry. Whoever makes jewelry doesn't form the beads in a glass oven, they probably don't form the string that holds the beads together. So, they import that material, yet that's thrown up as an example. I suggest an occupation that filled this room one evening a number of years ago that could just as well fall into the category with pieces, parts, that are delivered by UPS and assembled in the home and cause a great furor and it was a firearms dealer. And you can acquire all of the pieces, parts, to do that and assemble whatever the product might be. So, not that that's necessarily germane to this, but to me there is a weakness in that whole definition, because I'm looking at our legal counsel down at the end of the room and he has a rather perplexed look on his face. Not that it would, but I mean that's -- I don't know how you get around it with that definition. Canning: And, sir, they do apply to us -- there is a general provision that prohibits noxious uses or unsafe uses and I think -- I can assure you that if staff asked me, I would deny a firearms application and have them bring it up to you, but I'm sure the applicant wouldn't mind prohibiting firearm sales if you would like to do that. I'm absolutely positive. Rountree: That's one of a whole lot. That's one of a whole lot. Canning: Well -- and there are -- in general it has to not different from the residential character. That -- I guess all I would say is that you need to trust staff a little bit to bring that to your attention and not think that that was appropriate for a residential neighborhood. Rountree: Oh, we do. Canning: Not on my watch, sir. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: The thought occurs to me -- these houses are designed intending to have a home occupation in them. They still will be required to get a permit. 0 0 Meridian City Council December 4, 2007 Page 34 of 77 Canning: Yes, sir. We require them to fill out a piece of paper telling us what it is and make sure that it meets the standards and, then, we keep that on file. Zaremba: And, then, I would suggest to the applicant that that's probably another item that ought to be mentioned in the CC&Rs, just so everybody is aware of it. De Weerd: So, any other questions? Does the applicant want to respond, have any comment -- they are not paying attention. Canning: Sony, ma'am. De Weerd: Becky, do you have any response? Do you want to make any comment based on the discussion? Canning: Madam Mayor, I think that the police department would like Becky to summarize her conversations regarding secondary access, if the Council would entertain that. De Weerd: Okay. Atalla: Madam Mayor, Members of the Council, I will clarify for Becky, she was not there for that meeting. We met with John Overton with the police department, as well as Joe Silva from the department and -- Anna, if you could -- I don't know which plat is best. Actually, this one's probably okay. Canning: This one or this one, Joe. I thought this one was better. Atalla: Yeah. This one's a little bit clearer. These are our commercial lots in here. There are three one acre commercial lots here and what we all agreed upon was to provide emergency vehicle access through here along the shared lot line, which would align with this road that we have in our phase two and that would provide the emergency vehicle access needed. You can see that property line right there in the top right comer. And so that would align with this road to provide that secondary access. The fire department and the police department seem supportive of that. Rountree: Madam Mayor, while Joe is still there, could you give me a sense of what the neighbor side of the townhomes will look like? We have seen what the owner side will look like elevationwise. At the park and at this southeastern comer. Atalla: Oh. Okay. At the park here -- Anna, if you can go back to the site elevations. At the park you will see this type of elevation here. The entry to the house is off to the side, so that's what will face the park down there. And, unfortunately, we did not bring a rear elevation for these units, but it would look like a typical residential -- you know, there is 0 Meridian City Council December 4, 2007 Page 35 of 77 0 -- there is movement and play in the roof lines, it's not just one massive roof, so there is -- there is movement in the floor plan to allow architectural variation in features that make the units feel more like individual units, rather than one large structure, if that answers the question. Rountree: We don't have a flat blank wall? Atalla: No. We do not have a -- no. And, also, along the southern border there -- this is Kiwanis Park along here and, then, the Ridenbaugh Canal and, then, the -- I think Thousand Oaks Subdivision below that. So, there is definitely distance between that. We have donated those 15 acres -- or those 15 foot wide buffer to the park along the multi -use pathway, which is landscaped, and so this should be sufficient buffer to -- for those rear elevations. Rountree: Thank you. De Weerd: So, you have the path and the ditch or -- Atalla: Yeah. The canal. De Weerd: Canal. Anything further from Council? Staff, any further issues or items? Canning: No, ma'am. Thank you. De Weerd: Seeing no further testimony or information needed, I would entertain a motion to close. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Having heard all staff and applicant testimony and given the public the opportunity to speak, although none did, I move that we close the Public Hearing on Item 13, 14, 15 and 16. Bird: Second. De Weerd: I have a motion and a second to close the Public Hearing on Items 13 through 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Meridian City Council December 4, 2007 Page 36 of 77 Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move that we approve RZ 07-016, PP 07-016, to include the secondary access as described by the applicant. CUP 07-018, indicating 31 multi -family dwelling units, and MI 07-015, all relating to Gramercy Townhomes Subdivision and including all staff comments. Rountree: Second. De Weerd: I have a motion and a second to approve Items 13, 14, 15 and 16. Any discussion by Council? Hearing none, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: SHP 07-008 Request for Short Plat approval to create 2 building lots on 4.86 acres in a C -G zone for Gramerc by Kenai Partners, LLC —1925 S. Wells Avenue: De Weerd: Item 17 is a Public Hearing on SHP 07-008. 1 will open this with staff comments. Canning: Madam Mayor, Members of the Council, this is the Gramercy short plat and it's located at 925 South Wells Avenue on the east side of Mountain View High School. The property was previously platted as Lot 7, Block 3 of Gramercy Subdivision No. 1. The application before you tonight is a short plat for two commercial building lots on 4.86 acres in a C -G zone. Staff recommendation is for approval. The subject property meets all applicable -- applicability requirements for a short plat. We have not received any written testimony. The applicant has provided us with a written agreement of the conditions and to our knowledge there are no outstanding issues before Council. The odd shape of the lot line reflects the fact that it goes through the center of a building and accommodates different open space. So, there will be one single building -- or not open space, but common space within the building. So, it's just one building, but it will have a lot line going through it. And with that I will answer any questions Council may have. De Weerd: Council, any questions? Bird: I have none. 0 Meridian City Council December 4, 2007 Page 37 of 77 0 De Weerd: Applicant comments? Council, any questions of the applicant? Does staff have questions of the applicant? Canning: Madam Mayor, Members of the Council, I was a little concerned -- I know there is cross -access easements located on the underlying plat and I want to make sure the applicant was aware that those would stay with this plat. I'm getting nods of agreement. De Weerd: It appears that they don't have issue, but we will find out. If you will, please, state your name and address. McKay: Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian. Yes, Madam Mayor, we do reflect all of the easements that we created on the -- on the original Gramercy No. 1. And, then, like staff said, the zig and the zag is to follow the firewall between the YMCA and Intermountain Orthopedic. And based on recommendations from Daunt, we needed to be absolutely perfect in the center of that firewall. And so that's why it looks so strange. De Weerd: And that's the technical term of zig and zag; right? McKay: That's what it looked like to me. De Weerd: Thank you. Council, any further information needed? Zaremba: Madam Mayor, have we asked the public if they have any comment? De Weerd: Is there any public testimony? Thank you. Zaremba: Madam Mayor, having heard all staff and applicant testimony, and given the public the opportunity to speak, I hereby move we close the Public Hearing on SHP 07- 008. Rountree: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 17. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. 0 0 Meridian City Council December 4, 2007 Page 38 of 77 Zaremba: I move we approve SHP 07-008 to include all staff comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 17. If there is no discussion, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: SHP 07-009 Request for Short Plat approval to create 4 units in 1 commercial building lot on 0.20 of an acre in a C -G zone for Newton's Nook Condominiums by Penwood III, LLC — 429 SW 5th Avenue: De Weerd: Thank you. Item 18 is a Public Hearing on SHP 07-009. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Newton's Nook Condominiums short plat. It's located at 429 Southwest 5th Avenue on the south side of Franklin Road, just west of -- just west of Southwest 5th Avenue. This property was previously platted as Lot 4, Block 1, of Newton's Nook Subdivision. You can see it there just off of Penwood. This is the plat. It's for four condominium units. Staff is recommending approval. The subject property meets all applicability requirements for a short plat. We haven't received any written testimony. The applicant has provided us with written agreements with the conditions of approval. There are no outstanding issues. The applicant may not be here tonight. I think they had a -- we do have an applicant here. Great. Perfect. I'll answer any questions Council may have. De Weerd: We have an applicant and a letter that says they agree with staff comments. Canning: Yes. De Weerd: So, Council, any questions for staff? Bird: I have none, Mayor. De Weerd: Applicant have any additional comments outside the letter? Any questions for the applicant? Council, is there any public testimony? Council, seeing no further information needed, do you have a motion to close? Zaremba: Madam Mayor? 0 0 Meridian City Council December 4, 2007 Page 39 of 77 De Weerd: Yes, Mr. Zaremba. Zaremba: Having heard all staff and applicant testimony and given the public the opportunity to speak, I move that we approve SHP 07-009, Newton's Nook Condominiums. De Weerd: Mr. Zaremba, I would like to close the Public Hearing first. Zaremba: I'm sorry. That's where I was going when I started, but I just kind of jumped over -- De Weerd: I thought so and you were trying to save time. I appreciate that. Zaremba: Having hearing all staff and applicant testimony and given the public the opportunity to speak, I move we close the Public Hearing on Item 18. Bird: Second. De Weerd: The motion is to close the Public Hearing on Item 18. All those in favor say aye. All ayes. Motion carred. MOTION CARRIED: ALL AYES. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, I move that we approve SHP 07-009, relating to Newton's Nook Condominiums. Bird: Second. De Weerd: I have a motion and a second to approve Item 18. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 19: Public Hearing: TE 07-013 Request for approval of an 18 month Time Extension to record a Final Plat for Bainbridge Subdivision by Brighton Properties, LLC — SWC of Chinden Boulevard and Ten Mile Road: 0 Meridian City Council December 4, 2007 Page 40 of 77 0 De Weerd: Item 19 is a Public Hearing on TE 07-013. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, This is the Bainbridge project. It's located on the south side of Chinden Boulevard between Ten Mile Road and Black Cat Road. The application before you tonight is a time extension. The applicant is requesting an 18 month time extension to obtain the city engineer's signature on a final plat and commence the conditional use for Bainbridge Subdivision. The conditional use was for a planned development under the old code. The subject plat consists of 389 single family lots, 22 common lots, one church lot, and one future development lot in the R-8 and L -O zoning districts on 151.72 acres. The applicant has previously received a director's time extension, so this one needed to come before City Council for your approval and with all extensions the city may require compliance with the current provisions of the UDC as a condition for granting a time extension. This project was approved under the city's previous development code and there are additional conditions for this project that staff is recommending be added. Specifically, staff is recommending the following additional condition. In accordance with ITD's requirements and UDC 11 -3H -5C-2, to allow for future highway -- future Highway 20-26 expansion, dedicate or preserve a hundred feet of right of way from the center line of Chinden Boulevard. Construct a 35 foot wide landscape buffer along the northern property line adjacent to Chinden Boulevard, exclusive of any right of way. Construct a ten foot pathway along Chinden Boulevard as required by UDC 11 -3H -4C-4. Submit final plat and landscape plans depicting these requirements. Obviously, that was -- the intent was to bring it in compliance with the regulations regarding state highways and we have not received any written testimony since the staff report. The question of the hundred foot right of way is still an outstanding issue for City Council. I'm not sure if the 35 foot landscape buffer and the ten foot wide pathway are additional concerns at this time. With that I'll any answer questions staff may have -- or Council and Mayor may have of staff. De Weerd: Thank you. Council, any questions? Okay. Applicant. Tumbull: Madam Mayor, Members of the Council, my name is David Turnbull. Address is 12601 West Explorer Drive in Boise. I appreciate Anna's staff report and I want to start out by just using this, I guess, as an opportunity to discuss what I think is potentially an unfortunate outcome for the city. As you recall, ITD and Compass made a presentation to this City Council and Mayor I think earlier this year and outlined a study on U.S. 20-26 that they had been engaged in and previous to that we had gone through the north Meridian plan and invited ITD's participation in that plan, at which time they gave us the requirement for 140 feet of right of way, 70 feet from center line, both ways, and, then, access control at intersections at only mile and the half mile sections. And those are the components of the north Meridian area plan that we adopted. What I distinctly remember from the earlier presentation this year by Compass was kind of a Meridian City Council December 4, 2007 Page 41 of 77 stinging rebuke from the Mayor and the Council about changing the plan midstream, that there are a lot of developments out there that have already received approvals and that a lot of investment had been made with the input of ITD previously on the north Meridian plan. However, it seems like since that time every application like ours that comes forward that staff recommends and Council adopts, whatever it is that ITD is willing to propose. I would note that ITD hasn't adopted any U.S. 20-26 study at this time. As far as I know I think that's still unadopted. So, what I'm suggesting to the Council -- Madam Mayor and Members of the Council, is before we go down this road any further, that this Council -- the city really needs to decide what it wants to see out there and so I have prepared a little Powerpoint presentation on this and I'd like -- Anna, you have got that up; right? Canning: Yes. Turnbull: Could you click to the next -- in the staff report there I think is a misstatement in the narrative where it says Bainbridge is the only city approved project along Chinden Boulevard west of Meridian Road that has been approved with less than one hundred feet of right of way along Chinden Boulevard. This gives you a map of everything that's been approved from -- well, even over to probably Cloverdale Road all the way out to Black Cat Road. And as you can see, there is a lot of 40s, 43, 40, 40, 70, 40, 100, 40, 100. Down here we have 100. This one -- you know, Bainbridge -- I couldn't actually find the condition. Our preliminary plat showed 60 feet of right of way. We have always planned it for 70 feet of right of way. We planned in the 35 foot landscape buffer that Meridian wants to see, but, then, Silverleaf at 70. Lochsa Falls at 70. Those are all east of -- or, excuse me, west of Linder Road. Paramount was -- the first phase was at 52, but we -- when we built that access out there we intentionally set all of our monuments and signage and everything back passed 70 feet, because we knew that that was part of the north Meridian plan. Hightower is at 70. Bristol Heights 70. And Hobble Creek at 70. Could you go to the next one, Anna, please. So, as you can see, there is a patchwork of right of way anywhere from 40 feet to 100 feet and these are all measures from center line of the road. Next, please. Now, we have finally got from ITD -- I think just today, is that, Jay? We sat down with them previously and we have looked at this right of way -- in the 200 foot right of way section. I would note, they explained to me just recently that I think a 200 foot right of way is what's out on 1-84, if I'm not mistaken. Rountree: Four hundred. Turnbull: Oh, they told me 200, but -- okay. Anyway, we have always maintained that they could build the facility that they wanted to within 140 feet of right of way. So, both of these facilities are three lanes each way. The difference is you got a barrow ditch in the center here and you got barrow ditches on the sides. And this landscape you have a center median, which could be hardscaped or landscaped, and, then, it brings -- gives you the opportunity to do, you know, berming and landscaping on both sides of this right Meridian City Council December 4, 2007 Page 42 of 77 of way here. Could you go to the next one, please. So, the issues to consider are what are the appropriate roadway sections for Chinden between Eagle and McDermott. What is the esthetic that the Meridian city wants to have. Do you want to see an urban or a rural divided highway and what are the existing constraints. What is appropriate for a road that the City of Meridian has designated as a gateway corridor. So, to give a visual of that, I asked my assistant to go out and snap a few pictures. One of the examples and this may be incorrect, Charlie, as to -- Rountree: Well, it depends on where it is. Turnbull: Anyway, I wasn't going to go out in the middle of 1-84 and snap some pictures, so we went to -- we went to Hill Road and if we could go to the next couple of slides. Here is your divided highway with the center median and we have a few shots of this. We can go to the next one, Anna. Next one. Next one. I mean to me that's not what I want to see for Meridian's gateway. Now, what could you have in an alternative? I don't have a -- probably a precise example of this, but if you go to the next slide, Anna. You could take, for example, Park Center Boulevard, which has three lanes going both direction with landscape medians that could be landscaped or could be hardscaped, et cetera. So, if we can go to the next few slides. That's what you will get. Now, this would be modified, it wouldn't be exactly analogous to Highway 20-26, but it gives you a different kind of feel for what could be accomplished, so -- then, I need to go back, Anna, to the one that showed the two right of way sections, if you could go back to that. Okay. These both have the same capacity. They both have a designed speed for 55 miles an hour. If the City of Meridian wants to see a divided highway where you have got barrow ditches and, I don't know, what I consider an unsightly gateway to the city, then, I guess you can make that determination. That's just one that I think would be unfortunate and I think it's time for the city to get engaged with ITD and really determine what they want to see in that area. Like I said, there are already constraints. They identify this one as a constrained section between Meridian and Eagle Road and this one as an unconstrained section between Meridian Road and McDermott. I submit to you that you already have constrained conditions all the way along that corridor and if you want to change the character of that, probably from McDermott west you have an opportunity to do that. But there are already constrained conditions all the way along that corridor. So, I would request that the city take this under consideration. I'm not sure that you have to make a recommendation on this specific staff condition at all at this point, because I believe the existing staff condition is preserve the appropriate right of way and I think that you can make that determination at anytime we come in with future applications. So, I -- that's may presentation and I'll stand for any questions. De Weerd: Council, any questions? Tumbull: I do have copies of the Powerpoint that -- 0 Meridian City Council December 4, 2007 Page 43 of 77 De Weerd: Council, were there any questions? Bird: I have none, Mayor. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: David, did you say your current preliminary plat shows 70 feet? Turnbull: I think the one that we submitted showed 60 feet, but we are fine with the 70 feet. We always have been. I looked that up today and I was actually a little bit surprised to find that it showed 60 feet, because we have always planned for 70. Rountree: And are you okay with the right of way and the sidewalk? I mean, excuse me -- Tumbull: Sidewalk and the right of way? Rountree: -- the landscaping. Turnbull: Excuse me? Rountree: Landscaping and the sidewalk. Turnbull: The landscaping buffer of 35 feet? Yes, I -- you know, I sat on the UDC committee where we adopted those landscape requirements, 35 foot buffer on gateway entries and I'm perfectly fine with that. Canning: Madam Mayor, perhaps the applicant could comment on the ten foot pathway, if it's not going to -- De Weerd: Can you talk a little louder? Canning: Madam Mayor, perhaps the applicant could comment on the ten foot pathway, whether -- there wouldn't be sufficient room in the right of way, they have got a seven foot attached is what's shown on the example he's provided and we were looking for a ten foot detached. Turnbull: I believe per the UDC the ten foot pathway can go either in the right of way or in the landscape area. 0 Meridian City Council December 4, 2007 Page 44 of 77 Canning: Yes. What I'm trying to get the applicant to commit to is putting it in the landscaped area. Turnbull: Yes. We would prefer to see a detached pathway and so if that went outside of the right of way into the landscape area, we would be fine with that. De Weerd: That would be our preference, too. I don't think anyone wants to walk on 20-26. Okay. Any further questions? Zaremba: Madam Mayor, I have just a comment on walking. I think it has been identified as a future bikeway, so I think it would be necessary to at least have the ten foot pathway and detached would work I would think. Turnbull: Yes, it would. De Weerd: Thank you. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Yes, sir. If you will, please, state your name and address for the record. Stevenson: Jerry Stevenson, 6040 North Ten Mile Road. De Weerd: Thank you. Stevenson: Madam Mayor and Council members, I kind of find it a little ironic about the -- you know, the gateway of what you see coming into the City of Meridian and my comment, basically, here tonight is since this land has been sitting vacant it's, basically, been nothing but an eye sore and just a patch of weeds. So, that's something that I would like to see, you know, if this is going to be extended on, that we make sure that we adhere with the -- the rules that are set before the landowners out there. I have even contacted the code enforcement officer a couple of times, without any success of any action and it was finally cut down just so they could get surveyors in there at the -- early this fall, so that's the only comments I'd like to make at this point, so that we -- hopefully, if you do extend that out that we don't have a weed patch out there for goat heads and puncture vine. Thank you. De Weerd: Thank you. Any further testimony? Closing remarks? Turnbull: I could comment on that last comment. We have had that property leased out to two farmers, one who has been operating a sod farm. I think that there may have been an instance where he harvested the sod early and he might have let the weeds grow. I think Jay was working with that farmer on getting those mowed and cut down, so if that's of any comfort to the Mayor and Council, we -- that would be our explanation. 0 0 Meridian City Council December 4, 2007 Page 45 of 77 We have had them leased out to two farmers, one raising grain, I think, and one raising sod. De Weerd: Mr. Zaremba, did you have a question for the applicant? Zaremba: It probably includes the applicant. I was hoping either somebody from ITD or ACHD may be able to offer some suggestion. The question I would have, the 200 foot right of way, a hundred feet either side of center line, it's apparent to me what happens to storm water runoff, it goes into the barrow ditches. It isn't as apparent to me how storm water runoff is handled in the 140 foot right of way. Anybody have an answer to that? Maybe Councilman Rountree does. Rountree: I can give you a quick answer, but it's obviously not here on the cross- section, but it would be with plumbing and at a signature cost. And that's probably why there is a preference for the rural typical section in the 200 foot of right of way. Zaremba: Thank you. De Weerd: Any further questions? If there is no further testimony from the applicant -- Turnbull: I can address that in part. There would be offsetting cost both ways. If they wish to go to a 200 foot right of way, there is going to be additional right of way cost. Also, you will notice from that example, this cross-section, all drainage flows to the sides. This center median is not receiving any drainage, it's just going to be unkept barrow ditch. I have been by that Hill Road -- Councilman Bird's probably been by there a few times when he goes out to the Optimist fields and I have been really disappointed at times to see the weeds growing in that median to pretty high lengths. The pictures we took, obviously, for this picture were after the weeds had been mowed. De Weerd: 1 know. They look nice. They were green. Groomed. Turnbull: We had a little rain the last week or so. De Weerd: Council, anything further? Zaremba: Madam Mayor, just discussion again. I guess on the -- with -- again, I don't remember which property it was, but somewhere along Chinden we had a discussion of a reduced right of way, perhaps the 70 feet, in areas where it was just through lanes, but when you came to an intersection with turning movements, a wider footprint was preserved for right tum lanes and left tum lanes and stuff. I can -- I can see the 70 -- the 140 foot right of way in places where there is not intersections and -- but I still would think that we may need to preserve more right of way at -- at the other access points. 0 0 Meridian City Council December 4, 2007 Page 46 of 77 Personal opinion. And remembering a discussion we had on some other property that I think we resolved that way. I don't remember which property. De Weerd: That might have been Knight Hill or Knight Sky there at Linder. Zaremba: Possible. Turnbull: I'm not sure if I'm allowed to speak, but I think I can address that point if we go back to that cross-section. De Weerd: When I acknowledged you that allowed you to speak. Turnbull: Can we go back to the cross-section, Anna. If you look at -- one of the discussions we had with ITD all along is the desire to have double left-hand turn lanes, particularly at intersections like Linder Road. And if you notice, this section right here, there is an eight foot shoulder, an eight foot shoulder, and I think that's eight feet. I can't read it entirely. Can you see that, Anna? Thank you. Does it show up there on the screen? Rountree: Six foot off of center line, so it's 12 foot. Turnbull: Twelve foot off -- Yeah. So, it's 12 and eight and eight. So, essentially, if you take that section out when you come to an intersection, you have room for the two left- hand tum lanes at the intersections and you would also have -- particularly when the sidewalk is located outside of the right of way and in a landscaping strip, you would also have room for an additional even fourth lane right-hand tum at intersections. So, those are all design details that we can do at final plat stage and we can work those things out, but I believe for the most part -- in almost every little -- every instance of 140 foot right of way would be adequate. Thanks. De Weerd: Mr. Zaremba, did that answer your question? Zaremba: It does. Thank you. De Weerd: Anything further? Council, what would you like to do? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we to close the Public Hearing on Item No. 19. Bird: Second. 0 Meridian City Council December 4, 2007 Page 47 of 77 De Weerd: I have a motion and a second to close the Public Hearing on Item 19. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Rountree: I have none. De Weerd: Do I have a motion? Rountree: Madam Mayor, I move that we approve the 18 month time extension for Item No. 19, subject to staff comments, with the exception of the hundred foot right of way requirement and leave the stated requirement that adequate right of way would be provided, with the understanding that the applicant at this point is indicating 70 feet would be acceptable. Borton: Second. Borton: Second. De Weerd: I have a motion and a second regards to Item 19. Any further discussion? Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Council, I would like to call a five minute recess. We will recess in -- or we will reconvene in five minutes. (Recess.) Item 20: Public Hearing: CPA 07-010 Request to amend the Comprehensive Plan Future Land Use Map for the north Meridian area to include 645 acres north of the Phyllis Canal and south of the Boise River from Linder Road to approximately'/ mile west of Black Cat for North Phyllis Canal Proiect by Sherrie Ewing: Item 21: Public Hearing: CPA 07-015 Request for a Comprehensive Plan Text Amendment to create a new land use designation that would include open area, low-density, residential, medium low-density residential and 0 0 Meridian City Council December 4, 2007 Page 48 of 77 medium -density residential 3 dwelling units per acre Ewing: uses with an anticipated average of density of for North Phyllis Canal Protect by Sherrie De Weerd: I will go ahead and call this meeting to order and we are at Item 20 and 21. Mr. Baird, can we open these two together? Baird: Madam Mayor, Members of the Council, that would be my recommendation. De Weerd: Thank you. That was an enthusiastic response. I will go ahead and open Items 20 and 21, CPA 07-010 and CPA 07-015 with staff comments. Canning: Thank you, Madam Mayor, Members of the Council. This is the North Phyllis Canal project. It's -- the subject area includes 645 acres north of the Phyllis Canal and south of the Boise River from Linder Road to approximately a quarter mile west of Black Cat Road. The applications before you tonight are a Comprehensive Plan map and text amendment. The highlights of the proposed development are they propose to amend both the text and map of the 2002 Comprehensive Plan. They want a new future land use designation of -- their original application was for future land use designation of river residential. The river residential designation is proposed to consist of common area, open space of about 265 acres, low density of 293 acres, medium low density of 48 acres and a medium density of 39 acres, with an anticipated average density of three dwelling units per acre. Concurrently, the applicant has proposed a text amendment to the Comp Plan to create a new land use designation for the subject area called river residential that would include open areas, low density residential, medium low density residential, and medium density residential uses with the -- again, the average anticipated density of three dwelling units per acre. And those details are included in your staff report. However, prior to the Planning and Zoning Commission hearing, staff requested that the applicant substitute a low density residential designation for the river residential designation and, really, it was me, more than any other staff member. And my only motivation was to keep the Comprehensive Plan simple and not add another designation to it. We already struggle, I think, with too many mix used designations and I was reluctant to add the river residential designation. The applicant did agree to the change and that was the recommendation that's before you tonight. So, that low density residential designation does allow up to three units per acre and is consistent with the applicant's original proposal. So, we are proposing -- this is what it would look like. With that change, the text amendment would no longer be necessary. The Commission recommended approval at their November 1st, 2007, Public Hearing. Sherry Ewing spoke in favor of the application, as did John Yorgeson, Ryan Colson, and Tuck Ewing. No one spoke in opposition or commented. There was written testimony from the City of Eagle, signed by the Mayor and Council and that was stated 10/24/07 and it opposed the application, because it's currently within their area of city impact and within their Comprehensive Plan as well. Key issues of discussion by the Commission were the 0 0 Meridian City Council December 4, 2007 Page 49 of 77 desire of some residents along the west side of Linder Road south of the Phyllis Canal to also be incorporated into the area of city impact. So, I will point that out to you. It's this property. Because it was not part of the noticed application, the Planning Commission could not act on that request. And the other issue of discussion was the fact that the subject property currently lays within the Eagle's area of impact. There were no changes to staffs recommendation. As I pointed out before, staff did make the recommendation for low density residential, rather than the river designation. The outstanding issues before City Council -- there is still some question as to whether it's appropriate to include this in the area -- in our Comprehensive Plan, because it is in the Eagle area of city impact. I would be remiss if I didn't point that out. As Council is aware, we have tried -- you have tried to meet with Eagle city council and get this issue resolved on a number of occasions and have not been able to come to an agreement on that. We -- as a -- if Council would like me to also talk about the Blueprint For Good Growth plan from the planning boundaries discussion, I can include that as well. It's somewhat germane to this, but not directly related. So, I'll just leave it at that for now and ask if you have any questions. De Weerd: Council -- yes, Mr. Rountree. Rountree: Madam Mayor. Anna, what were telling us about an area in this spot? Canning: I believe -- I'm 99 percent sure -- and I think -- I believe he's actually here to testify tonight as well. The person that owns this piece of property was interested in being included within the area of city impact also. Because it wasn't part of the noticed application, it extended the boundaries of that application, the Commission was not able to act on that recommendation. Would also like to note for the -- to refresh Council's memory, when the north Meridian application went in that included the property north of Chinden, there was discussion with those neighbors -- those neighbors were pretty vocal about the fact that they wanted to remain in the city of Eagle. Those within the subdivision. I think there is -- a few of these lots are not actually in that subdivision. Rountree: Madam Mayor? De Weerd: Uh-huh. Rountree: Question, Anna. You have a couple different colors in the area. I'm going to take a guess that they are probably green. But they are different shades of whatever they are. Canning: Yes, sir. I'm sorry. This is the low density residential and this is public/quasi- public open space. Rountree: Thank you. 0 Meridian City Council December 4, 2007 Page 50 of 77 Canning: And, yes, they are green. De Weerd: Any further questions for staff at this point? Seeing none, would the applicant like to comment? Ewing: Madam Mayor, Members of the City Council, I am Sherry Ewing and I reside at 2934 East Lake Hazel Road here in Meridian. And to give you a little history on how long it's taken us to get to this point, in May of 2005 we attended the north Meridian area open house and told both Meridian and Eagle planners that we wanted to be included in Meridian. I, then, met separately with both planners. We testified at the Eagle City Council meetings, Meridian Planning and Zoning, Meridian City Council meetings. We also testified at the Ada County Commission meeting on April 27th of 2006, where Ada county granted permission to the city of Eagle to include us in their comprehensive plan. We also testified at Meridian and Eagle luncheon meetings. We have met with Ada county -- an Ada county commissioner. We have met with Ada county development services on three different occasions. We attended and testified at the Eagle sewer district board meeting. We visited with Mayor Mitchell from Star and also their sewer district to see what our options were. Ada County Development Services agreed that the most common sense approach was for us to be connected to Meridian. They also indicated we could plan and organize our own planned community through Ada county and build our own sewer plant. On November 20th, just a couple of weeks ago, Ada County Commissioner Tillman met with Meridian and Kuna to discuss boundaries. The north Phyllis Canal area was mentioned and the map was marked for us to be included in Meridian. He said that he had met with Eagle prior to this meeting. He said that the boundaries should be set according to which city would be able to service the area in the quickest, most cost effective way and according to the wishes of the property owners. Some of the reasons we want to be in Meridian. Our address has been in Meridian for 85 years, since my grandfather bought the place in 1912. Our first phone number was a Meridian number. Five generations of our family have attended schools in the Meridian city limits. Access to this area is through Meridian roads. We are contiguous with the Meridian city limits. When we called 911 Meridian responded in less than five minutes. We are members of the Meridian library. Sewer capacity is planned for us through Meridian and we will be -- and will be at our property line within three years. The closest Eagle sewer has not been scheduled yet and is 2.8 miles, plus two river crossings, away from us. Eagle sewer would cost over five times as much to connect to as Meridian. The Meridian police department and fire departments are closest to this area. For this application I contacted the following agencies. Idaho Transportation Department. United Water. Meridian police. Meridian fire. Meridian parks. The joint school district. And Ada County Highway District. And no one had any negative words for us to be accepted. When we started this application process the staff asked us to develop our own designations for this area and I would like to share with you what -- what we had proposed. However, we are very acceptable to do what staff 0 • Meridian City Council December 4, 2007 Page 51 of 77 has asked now with the other designations, but I have a reason for this. We would like to see this area developed into a showplace for the City of Meridian. The floodway would be a perfect place for walk paths, public parks, and possibly sport fields, ponds, et cetera. The flood plain area will follow through with more ponds, walking paths larger lots, and cluster homes. Against the bench or the Phyllis Canal we are thinking of smaller lots and depending on the market. The land circling the golf course may include townhomes. We would like to see a walking path for the two miles along the Boise River, plus multiple access points for the public to enjoy the Boise River. This area would give the City of Meridian its only Boise River frontage, water amenities, and ponds and would definitely be a showplace for the City of Meridian. In our proposal we had 41 percent would be open -- 41 percent of the 645 acres would be open areas. Forty-six low density residential. Seven percent medium low density residential. And six percent medium density -- medium density residential. Our total homes for this area with those numbers is 1,090 homes, which is what Meridian staff wants to see. As per the letter -- Eagle's letter to the City of Meridian, dated October 24th, that you have in front of you, on pages two and three, if you do the math they projected 1,092 homes for this area, so that's two homes actually more than what we had proposed. Eagle's letter also indicates that we want 1,920 homes and that is incorrect. And that is actually in the school section of their letter. We included a concept plan with vision for this area. Again, we are not proposing a development project at this time. Our map is a general picture of the feathering of uses we are proposing as stated above. We are not submitting a bubble plan at this time, because of the following reasons. We are not developers. We are not ready to develop. We do not know what the market will be when this area is ready to develop and to get one hundred percent agreement with the property owners on everything would be almost impossible. Transportation to this area -- from the east is Linder Road, using Duck Alley. From the south Basco Lane, Black Cat, and possibly Highway 16. And from the west possibly Palmer Road. All of these access points would be developed as the land is developed, subject to the approval of the City of Meridian as annexation is requested. To summarize, we have always been Meridianites and we want to remain Meridianites. Do you have any questions? De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Sherry, you said just a bit ago that -- talking about your bubble plan and what specifically you wanted to do down there, that it would be almost impossible to get a hundred percent agreement amongst the various owners. We probably will hear this evening, but I guess want you to reflect on what you think you have in terms of the property owners in these boundaries? Meridian City Council December 4, 2007 Page 52 of 77 Ewing: Well, of the 645 acres, Charlie, I think almost everybody is here tonight and they totally agree with what I said. Rountree: So, you have one possibility. Ewing: Uh? Rountree: You have one thing that was a possibility. Ewing: Well, no, really, what I thought was on that was, you know, to actually get in and say, okay, this is where the road's going to be and this is where -- you know, we aren't there yet. Rountree: I understand. Ewing: Yeah. That's what I meant by that. Rountree: Okay. De Weerd: Any other questions, Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Sherry, can you outline briefly what happened with Eagle and there was some request or requirement by them that you apply to be removed from their planning area and pay the related fees and costs to do that? Ewing: Actually, what happened there is prior to them going to Ada county and having Ada county change their comprehensive plan, prior to that they had a City Council meeting and I went and I testified there that we did not want to be in their city -- in their impact area and they said that they were going to go ahead without that -- without doing anything with us and, then, when we went to Ada county, I also testified at the Ada county level, and they went ahead and approved, even though I had testified that we didn't want to be in there. Is that what you mean? Borton: Yeah. And, then, there is request -- I guess a requirement, then, if there were to be change for you guys to pay the fee of task to get out of the planning boundary that you never -- Ewing: I don't know about that. Meridian City Council December 4, 2007 Page 53 of 77 Borton: -- requested to be in in the first place. Ewing: I don't know about that. That we had to pay to -- Borton: No. That you would be required to apply and pay the related fees to request of Eagle to be removed from their planning boundaries? Ewing: I guess I didn't understand that. Borton: I was just asking if that was -- Ewing: We had been asked. I don't -- Joe, I really honestly don't believe that we have been asked to pay a fee and submit an application to be removed from their -- their planning -- I don't know that we have done -- I don't know that we have been asked that. Borton: I'm song, Sherry, I probably asked it kind of confusing. B don't think you have been asked to do it. Ewing: Oh. Okay. Borton: It was my understanding that -- and Anna might be able to clarify that for me, but that's kind of the steps you're forced to undergo if you wanted to be removed. Canning: Yes, sir. As I recall, it was after the councils last got together. There was some discussion about -- perhaps that -- from the Eagle city staffs point of view, at least, that the appropriate mechanism would be for the -- the property owners to request to be removed from the area of city impact and, then, request to be added to ours. Mrs. Ewing came to the Council I believe last summer and prior to submitting the annexation to just ask Council in general about their opinions and they just suggested that she go ahead and submit with the city of Meridian and not pursue anything with the city of Eagle. That's my recollection of that particular situation. Borton: Mine as well. Canning: Okay. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. i 0 Meridian City Council December 4, 2007 Page 54 of 77 Zaremba: I know this is a story that sounds like a snowball started rolling down the hill and it just kept going and going and no matter how you tried to push, but I would perhaps ask our legal Council to comment. It's my understanding that there is nothing in Idaho law that prohibits us from annexing or having a Comprehensive Plan in another city's area of impact. I know all the cities are sensitive to that and try not to step over each other and the point is so that you can develop a plan that you can -- can put into effect. But, in fact, this is not anything that would be illegal for us to accept; is that correct? Baird: Madam Mayor, Members of the Council, Councilmember Zaremba, that is a correct statement. Zaremba: Thank you. Canning: Madam Mayor, if I could expand on that a little bit. The action you would take tonight, if you chose to, is to include this area within the Comprehensive Plan. The next step would be to ask the county to include it within their area of city impact, if you choose to do that. The state law -- most attorneys would say that the state law allows you to annex whether or not it's within an area of city impact or not. The state code with regard to overlapping areas of city impact appears to give two different options. One is the Committee of Nine, which the -- which the Commission opted for last time, which didn't work very well for them. There is also a very clear option to just have a vote of the properties affected. I think it's pretty easy to see that if you voted -- had these folks vote, they would -- you would know what -- how that vote would turn out. They have submitted the application. And that was the reasoning we used with Commissioner Tillman when we met to go over the planning boundaries, is that clearly if you had a vote they'd vote Meridian. It's the intricacies of state law regarding areas of city impact. De Weerd: Any further comments or questions? Yes, Mr. Rountree. Rountree: Sherry, you said you met with Eagle and Star sewer. Did they give you any indication when, if ever, they might be able to provide service to this area? Ewing: We actually testified at the Eagle sewer district meeting and at that time they said that there was no schedule for them to get sewer to our area. Right now they are at State Street and Linder is the closest to our area, which is 2.8 miles away and that just gets it to Duck Alley, which is another two and half miles to my parents' property and, then, Star said that they are -- they are still on the north side of the river, they haven't crossed yet, and so it's going to be quite some time. No, it's not scheduled at all. And the cost -- they told me that they had no idea and they could work it up, but it was too -- it was another river crossing again and a long time. And we are contiguous with the City of Meridian and the City of Meridian has us planned. Meridian City Council December 4, 2007 Page 55 of 77 Rountree: Madam Mayor? De Weerd: Uh-huh. Rountree: What's the parcel size that you're representing? Ewing: I am representing -- of the 645 -- Rountree: Of the 645. Ewing: -- acres I am 260 acres. I'm representing all 645, but my parents' is 260. Rountree: Thank you. De Weerd: Further questions? Bird: I have none. Zaremba: Madam Mayor. It's not really a question, just a comment. I just -- the sense of Eagle is that they may be changing about how interested they are in growth in general and they might welcome us removing this from their consideration. Just a comment. With all due respect to Eagle. There is an election tonight. I don't know how it came out. De Weerd: Bandy is leading by 130. It's like a sports score right now, you know. If there is no further questions, Council? Thank you. I do have a number of people that did sign up in favor of this Comprehensive Plan amendment. Peggy Everest is in favor. Andy Roman in favor. If you have any comment, please, come up when I call your name. If you will, please, state your name for the record. Roman: Yes, Madam Mayor and Council members. My name is Andy Roman. 4146 North Bryce Canyon Avenue in Meridian. De Weerd: Thank you. Roman: As a member of the Idaho Rivers United, I would strongly recommend that this area be incorporated into Meridian, because anytime you have services crossing a river, you are bound to have an impact on that river and I think it's just better, because they are contiguous with Meridian, to have them part of Meridian. So, that's my only comment. De Weerd: Thank you, sir. Someone -- I can't read the printing. Who signed up after Andy? The last name ends in a D. That would be my best guess. Or an L. I I'll just continue on and if I didn't call your name, you can just let us know. Linda Lazarus in i 0 Meridian City Council December 4, 2007 Page 56 of 77 favor. Gary Hinkle. Thank you. Signed up in favor. Tuck Ewing signed up in favor. Ray Arona signed up in favor. Tim Gibson signed up in favor. Thank you. Phil Abbott signed up in favor. John Ewing in favor. So, who didn't I call? And what is your name? Steve Hinkle. Might be you. It's still in question. Is there anyone who would like to provide testimony on this application? Sounds like we have a united front there. Council, any further information needed? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Ask a question for general discussion, I guess. This has been a struggle, apparently, for the applicants and I'm sorry for that and my personal opinion is this is the right thing to do. I -- the question that I have come to is this is low lying land and the request to change the map includes some low density residential, some medium low, some medium density. De Weerd: No. Not by the city. Zaremba: Well, what the city request was to change the designation of river residential, which is not something that we had defined, to be low density residential, but there are -- there are different densities and I'm not questioning that. The piece that I'm getting to is when this becomes part of our map for the Comprehensive Plan, we do allow a step up or a step down and we have become sensitive and stung by people that have flipped property after it had designation. I'm not anticipating that that's going happen with any of these properties, but my question is either of Director Canning or of our legal counsel, when -- when and if we agree to the designations that are being proposed and they become part of our map, can we add that in this low lying area they are not available for a step up? De Weerd: Okay. Anna. Canning: Madam Mayor, Members of the Council, you have done that in another area, I believe. No. Sorry. We are in -- we were contemplating it at one point with regard to the south Meridian application, but currently -- we haven't done that, but certainly we could add -- we could modify the text amendment to state that -- instead, that this area wouldn't be available for a bump up. We can't condition it per se. There is no application to condition. If I might just go back a little bit and talk on that subject a little more. The reason the applicants proposed the river residential designation was one of my concerns that if we are to have overlapping areas of city impact, I wanted them to be consistent, that -- particularly with regard to transitions and overall density. The one you see here is the Eagle future land use map. This was the applicant's proposal. It does kind of have a transitional use coming up toward the bluff. They have actually shown • 0 Meridian City Council December 4, 2007 Page 57 of 77 more open space, because they have shown the golf course here and, then, the low lying flood plain areas. Those step ups are always at the discretion of City Council. it's not a given. It clearly states that they are at the discretion of City Council. If an application were to come in for this area, we would look to this bubble concept, as well as the Eagle Comprehensive Plan to make sure that there was some consistency there, along with our own Comprehensive Plan. I think that could be addressed at the time of annexation. I do understand the concern, but I'm not sure it would be appropriate to signal out one specific area to exclude that exception. There may be -- it was designed to allow a little flexibility in the application of the residential designations. Rountree: Madam Mayor, I guess on that point, it's not -- it would not be annexed at this point and that would be subject to annexation. This is a bit unique, I think, in that the infrastructure that ultimately will be in place to handle this wouldn't handle any greater density than we are talking about now. So, I don't see -- even if they proposed a bump up, there is no place to put the wastewater, so it's kind of self imposed. Zaremba: Well, you have both given me some comfort. De Weerd: Any further questions from Council? Zaremba: Just to explain why this concerns me. I lived along the Mississippi River for many years and you learn when you live along a river that the river isn't just where you see the water today. The river can go from bank to bank or bluff to bluff -- here we call them benches -- and I've long been concerned about how many houses Eagle has let be below ground. So, I -- that's why I raised the concern. Thank you. De Weerd: Any closing remarks from the applicant? Okay. Council, any further information needed? Last chance for any public testimony. Okay. Canning: Madam Mayor, I did contact the city of Eagle last week and let them know that this hearing was tonight. Staff said that they wouldn't be coming, but they would try and get one of the council members to come. Apparently that hasn't happened, so I just want to let you know I did call them. De Weerd: Thank you. Rountree: They are all new now anyway, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. 0 0 Meridian City Council December 4, 2007 Page 58 of 77 Zaremba: Having heard all staff, applicant, and public testimony, I move we close the Public Hearing on CPA 07-010 and CPA 07-015. Borton: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 20 and 21. All those in favor say aye. All ayes, motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve CPA 07-010 and CPA 07-015 relating to the North Phyllis Canal project, to include all staff comments. Do you want to do them separately? Baird: Madam Mayor, Members of the Council, song to interrupt, but as Anna pointed out at the beginning, there may not be a necessity for Item 21 and I'll let her fill in the gaps. Canning: Madam Mayor, Members of the Council, the applicant has, basically, consented to staffs suggestion that they withdraw the text amendment. If you'd like to do it that way or you can deny it. I would prefer to see it -- the withdrawal accepted. Zaremba: In that case, Madam Mayor, I withdraw that motion and start anew. I move that we approve CPA 07-010 relating to North Phyllis Canal project and accept the applicant's withdrawal of CPA 07-015. Rountree: Second. De Weerd: Mr. Baird, is it best done in one motion or two motions? Baird: Madam Mayor, Members of the Council, it probably would be clearer for the record if you took them one at a time. Zaremba: Madam Mayor, I so far have not said anything, so I'll start again. De Weerd: I heard nothing. Borton: Keep going. Rountree: You're on a roll. Meridian City Council December 4, 2007 Page 59 of 77 Bird: Keep going, David. Zaremba: I move we approve CPA 07-010. Period. I'm sorry. To include all staff comments. Rountree: Second. De Weerd: I have a motion and a second on Item 20 to approve. Any discussion? Hearing none, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Berg: And, Madam Mayor, just to clear my thought, by approving the staff comments on that motion, more or less accepted the withdrawal in a text change amendment; correct? The applicant wanted that, but now we have got to do that motion. Zaremba: I still would make a separate motion. I move that we accept the applicant's withdrawal of CPA 07-015. Rountree: Second. De Weerd: I have a motion and a second approving the withdrawal of Item 21. Can I do that by voice? Mr. Berg, just call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 22: Public Hearing: PP 07-014 Request for Preliminary Plat approval for 34 commercial / retail building lots and 1 common lot on 17.84 acres within the C -G zone for Emerson Park Commercial by Kuna Victory, LLC — 2910 & 3030 South Meridian Road and 110 East Victory Road: De Weerd: Item 22 is a Public Hearing on PP 07-014. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Emerson Park commercial project. It's located 2910 and 3030 South Meridian Road and 110 East Victory Road on the northeast comer of Meridian Road and Victory Road. The application before you tonight is a preliminary plat. The development includes 34 commercial retail building lots Meridian City Council December 4, 2007 Page 60 of 77 and one common lot on 17.84 acres in an existing C -G zone. We do have some elevations before you tonight. No, we don't. We did the last time you had this hearing. I'm song, I thought they were on here. You did approve elevations along with a development agreement modification last year and those are still tied to the site. Commission recommended to approve this plat at their September 6, 2007, Public Hearing. Chris Tverdy and Oaas Laney spoke in favor of the application. No one spoke in opposition or commented or provided written testimony. Key issues of discussion by the Commission were the existence of the buffer along Victory Road within the right of way, rather than on the property, as required by the UDC. The existence of a previously approved parking lot for the 2-M building -- and that's down on the southeast comer of the property, within the required buffer area along Victory Road. The widening of the existing five foot sidewalk along Meridian Road to a ten foot wide sidewalk, as required by the UDC along state highways. The key Commission changes to staff recommendation were to strike the requirement for the ten foot wide pathway along Meridian Road. To modify condition 1.1.613 requiring a 25 foot wide buffer along Victory Road and, instead, require alternative compliance. To provide a 15 foot wide buffer where there is adequate room available on the site and also alternative compliance application to be submitted prior to or concurrently with the final plat application. To strike the condition requiring a ten foot wide pathway be depicted on the landscape plan. To modify condition 1.17 to require a minimum 15 foot wide buffer again, instead of the 25 foot wide required. And the reason for that -- those modifications to the required buffer is that Victory Road used to be classified as a -- not as an arterial. It is now an arterial and, therefore, we had a -- with reclassification came the requirement for a larger landscape buffer. The fifth issue of discussion was to allow for the relocation of the existing access from Meridian Road to the north, if agreeable with the owners of Double D, ITD, and City Council. A variance is required be approved by City Council for the relocation of the existing access point. Modify condition 1.2.2 allow the pond to remain, but required to have recirculating water be maintained, so that it does not create a mosquito breeding ground. Modify condition 2.1 to read staff will work with the applicant to draft a reimbursement agreement that will go before City Council for approval and that was with regard to the sewer extension, I believe. And to modify condition 3.7 to allow for the option of incorporating the required emergency access into the requested stub street along the northern boundary of the property and to modify condition 1.1.1 to require that applicant to apply for a miscellaneous application to amend the DA to reflect the conditions of approval for the preliminary plat. So, the Meridian City Council heard these items on — heard this item on October 2nd and 23rd of 2007 and at the Public Hearing on the 23rd of October you approved the subject preliminary plat request. It is at that hearing, your first hearing on this -- this is a reconsideration hearing. At your hearing -- again Chris Tverdy spoke in favor of it, as did Oaas Laney and Tim Mussell. No one spoke in opposition, commented, or provided written testimony. Key issues of discussion by the Commission were the removal of the requirement for a ten foot wide pathway along State Highway 69 or Meridian Road. Removal of the temporary access road to State Highway 69 for Victory Greens at the Meridian City Council December 4, 2007 Page 61 of 77 northern end of the site and the requirement for a variance application for the continued use of the access road. And relocation of the existing access point to Highway 69 for Double D further north through a variance application process. The key Council changes to staffs recommendation were to modify condition number 1.1.12 to specify that the existing driveway needed to be removed prior to the first final plat for the application. Since that staff report was written and since your hearing we have received written testimony dated October 31st 2007, from Richard Andrus on behalf of the applicant. Staff responded to that letter in a memo from Sonya Watters dated November 19th, 2007. So, the outstanding issue before Council tonight is condition 1.1.12 to allow the northern driveway to continue use until the third phase of development is complete, whereas it currently reads the first phase. This issue was, again, the focus of the discussion at the original hearing, but I will go through Mrs. Watters response to the attorney's testimony -- that was Richard Andrus, the attorney for the applicant. So, with regard to that, we submit the following: During the annexation hearing the applicant's representative Dave McKinnon stated that they would like to keep the access point to State Highway 69, Meridian Road, open at the northern boundary of the site temporarily until such time as this area redevelops and access can be provided internally. At that time they would close down the access point. The development agreement for the site approved in 2004 with the annexation of Mussell Comers states that the applicant shall be allowed to use as a temporary access onto State Highway 69, which is located at the far northern portion of the proposed project, until such area redevelops. Per the UDC, connections to a state highway are only allowed at section line roads and half mile mark between section line roads. Although temporary access to State Highway 69 was allowed until such time as the site redevelops, approval of a permanent access point to the highway was never granted and would require approval of a variance. Because the driveway access is not allowed by UDC, it is deemed nonconforming. As a nonconforming use, the use may continue as long as the use remains lawful and is not expanded or extended. With development of the first phase of Emerson Park, the use will be expanded, thus, the use shall not be allowed to continue without specific approval of a variance. We have consistently applied the nonconforming use code in this manner. So, basically, the use on five acres wants to annex to the city and divide the property such that that nonconforming use is now on two acres. We insist that the nonconforming use come into compliance with our code. This interpretation of the code is fundamental to achieving compliance, particularly with older businesses and homes that annex into the city. The preliminary plat condition of approval for Emerson Park states the access driveway at the north end of the site to Meridian Road that is currently being used for the loading for Victory Greens shall be removed and the use discontinued prior to signature and as amended by you at your first hearing on the first final plat. Finally, per the letter submitted to the city by Richard Andrus of Spink Butler, dated October 31 st, the applicant believed that this access would be allowed to remain open until the portion of the property including the access develops. With each application in regard to this comer staff has vigorously advocated that the access be discontinued and that the site be brought up to the standards of the code. We maintain Meridian City Council December 4, 2007 Page 62 of 77 that the condition to allow the temporary access was intended to terminate upon first subsequent development application on this site. The applicant's own testimony states that until such time as the area redevelops and access can be provided internally. The first phase of Emerson Park will provide public street access to the landscaping business. There is no need to continue the direction access to State Highway 69. Our concern is that each temporary approval of the access point is a lost opportunity to have that access closed. If Emerson Park only develops one phase, we will have missed our opportunity to improve the safety of the traveling public on Meridian Road and to close down this access point. Therefore, because of the statement made by the applicant at the original hearing, the existing DA, and the fact that this is a nonconforming use, staff recommends that condition approval 1.1.12 be upheld as originally approved by City Council. I'd like to also point out that the landscaping business has now been annexed to the city for over three years. The original application was over four years ago and it's still not in compliance with our development standards. Typically you do require compliance concurrent with the initial development of the property. With that I'll answer any questions. De Weerd: Council, any questions? Would the applicant like to come forward. Good evening. If you will, please, state your name and address for the record. Andrus: Madam Mayor, Members of the Council, I'm Richard Andrus, associated with Spink Butler at 251 East Front Street in Boise. And I actually have a depiction that I'd like to pass out to you. I'm song I didn't get it to staff sooner. Just to clarify, I don't think there is any disagreement that the applicant in this case doesn't mind giving up a valuable deeded existing access in order to develop, they'd just like to have the consideration of the timing of when that access is given up. Because we are talking about the access, I'd like to give you a little bit of history as to how it came about and how it's been used. As you can see on the -- the depiction that I handed you, that temporary access is on the far north end of the property and access is State Highway 69, Meridian Road. The -- what would be phase three would include that access. You can see here on the plat that's up there I have highlighted phase one to demonstrate, really, the difference and the distance between these two areas. This access, as I said, is a deeded access. There were three access points that ITD originally deeded to Tim Mussell, the owner of Victory Greens, back in the '80s. This was done in exchange for right of way. He gave up property in exchange for these access points. Just to clarify the use in the past and the use moving forward, Victory Greens is the only business that's located within this area that has used this access point. Moving forward, Victory Greens will be the only business using this access point. There will not be a change in use. There will not be an increase in intensity. I believe the section of the Meridian ordinance that staff has discussed, 11-31-1-4132, defines a nonconforming use as one that increases the intensity and changes the use. As I said before, the applicant is willing to give up this existing deeded access, but they just request that it's done at a different time frame than staff has requested. To give a little more background on the Meridian City Council December 4, 2007 Page 63 of 77 2003 application, this is a -- the Emerson Park plat is a replat of the Mussell Comer application from 2003. At that time ITD, who has jurisdiction over State Highway 69, submitted their feedback on new construction for new access points, but as I said before, this is an existing access point. Staff, then, I think rightfully concerned that they needed to have a mechanism to close down the access point and the question is, then, what is that mechanism. At that time Council adopted the following language included in the development agreement. The applicant shall be allowed to use as a temporary access onto State Highway 69, which is located in the far northern portion of the proposed project, until such area redevelops. I believe if you had a chance to look through the letter, we discuss in there that at the prior approval of this application, staff had indicated that a variance would be a good alternative and a good compromise to allow this -- this access to remain temporarily in place. We are concerned with that requirement, because under Idaho law a variance is improper for this type of request and it would essentially be setting the applicant up for a request that the City Council can't grant and the access would be lost and make the project not viable. I think there is also some practical implications to this. We are here in a situation where the Council can craft the condition of approval so there is a mechanism to close down the access point. We request that it be the phase that actually encompasses that access. I don't have anything further at this point, but I'll -- if there is any questions -- I know there were some representations in the memo, maybe, that need some clarification, maybe perhaps we have a different perspective than staff on a few of the underlying facts and interpretation of the ordinance, but, as I said, if you have any questions I'd be happy to answer them. De Weerd: Council, any questions? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Richard is there a disagreement over whether or not there is access provided to the property with phase one? Internal access? Regardless of the consequence of that, but is that -- Andrus: I think there is two ways to view this, just being completely honest. It's -- there is no more additional access in phase one -- and correct me if I'm wrong, we also have Chris Tverdy here that could -- could provide some clarity on this, but there is no more additional access when phase one is built out than existed when the application was made in 2003. The north access is an integral part of Victory Greens as it exists today. It's what allows it to -- to stay on site and, to be quite honest with you, makes this project long term viability a possibility. 0 0 Meridian City Council December 4, 2007 Page 64 of 77 Borton: Madam Mayor. So, if I said the first phase of Emerson Park will provide public street access to the landscaping business, is that -- is that true or false? I'm just trying to get myself clear on -- Andrus: Again. I'm sorry. Borton: The first phase of Emerson Park will provide public street access to the landscaping business. Andrus: There is already public access off of both Victory and Meridian Road. So, yes, it's -- it's accurate. Our position is that northern access is necessary, though, to continue. Borton: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Richard, is that northern access right -in, right -out or is it full access? There is cross -- but it is -- so it is a full access? Andrus: As a side note to that, there is also a condition in the approvals that this access will actually be made into a fire access with a knocks box and a locked gate. One of the concerns in -- and I'm song I didn't hit on this earlier, but right here is where the road into phase one will end -- or the phase one road will end and I think the copies of the depiction you have show this a little better. There will be a locked gate there and so to say that this property will have access off this road is a stretch at best. Victory Greens is located over here, as I recall. Chris could probably do a better of describing it. He's the guy that's been on site. Tverdy: Chris Tverdy. 519 West Front Street. I work with Oaas Laney as a project manager on this project, here representing Eric Oaas, who is traveling today and also Tim Mussell, who is traveling, but they are not together. They probably wanted me to expressly make that point. The access point to the property that is -- is correct today, the traffic for Tim Mussell's Victory Green business enters in through here, into their property -- they actually enter through this driveway right here to the store front and they exit primarily -- there might be some entrance, because it's not marked as a right -in, right -out today, but there could be some entrance coming in here, but the primary access point coming into the property is right here. There is a -- Tim's business is set up such that there is a booth down here where as customers come in and load their material and purchase stuff, that they check out through this box as they leave the property. So, it's a critical entry point for Tim and his business there. And, in fact, you M Meridian City Council December 4, 2007 Page 65 of 77 1�1 made a very key point that when they put that kiosk in down here and made it more convenient for the traffic to come through the property and exit onto the highway, it made a substantial positive impact in his business. So, he is quite adamant that removing this access point hear is going to have a substantially negative impact on his business. The point that we want to make loud and clear that we do not agree with staffs position on is that there will be an expanded use of that access point. There will not be, as a result of this business here -- or as a result of this development here. This is -- will be maintained and improved -- be a nice driveway onto the property. Tim Mussell will put in a gate entering his property there. It will be gravel. It will be just like the property that you may have visited today is. It is not an access point for clients of these buildings and such to travel through the property. In the evenings at business hours that gate will be locked -- that gate will be locked to protect the inventory that Victory Greens has out there, just like they do today. To the point that Richard made about emergency access point, this is the same point that we are going to maintain for emergency access to the site, as emergency services folks requested. So, I guess I would just close by saying that -- that we feel strongly that -- we agree that the long term use of this action will be closed down and be emergency use only. We agree -- you know, we -- I guess I should say we don't agree that this is an expanded use. It is not. When the use expands because of the development of phase two and in phase three, we agree that the access point will be vacated, except for emergency use, and we just would request that the Council honor the agreement that is put in place -- development agreement has put in place that is the purpose of -- or I mean the business activities around there are there because of those business agreements that were done past and until those uses change, the uses expand, we should leave those access points the same. So, with that I can stand for questions. Zaremba: Madam Mayor? De Weerd: Council: Yes, Mr. Zaremba. Zaremba: A comment and, then, some questions. The reason the intensity increases is that the same use, even if the use doesn't change on less property, just makes it more intense. If you have 20 acres conducting a business and you cut ten of those acres off and conduct the same business, it is more intense. You -- you're not spreading the same amount of work over the same space. It is more intense. The other question I guess I have is when this was annexed there were a number of things that were not in compliance, even with the county ordinances and on the promise of the applicants, the city went ahead with annexation and some of the things the applicant promised was to fix faulty wiring into an auxiliary shack. I'm not sure whether that ever happened. The shack is no longer there, because new buildings have been built. The other promise was to shield the view from State Highway 69 of the rock piles and the bark -- landscape rock and landscape bark and stuff for sale. That's still visible from the road and the discussion was whether a fence would be put there or whether there could be 0 0 Meridian City Council December 4, 2007 Page 66 of 77 enough trees put there to shield it, neither of which have happened. Do you have any idea when that's going to be complied with? Tverdy: Oh, it's difficult for me -- I'd like to respond to a couple of points, kind of in order. The first item is the vacation of the property, as we say, that we are consolidating as the existing business to fewer acres, increase or expands the use, I'm not sure I agree with that point -- Zaremba: Intensifies the use. Tverdy: Because what he's doing is storing inventory there and that inventory will just go away. So, the clientele, the number of car trips -- I don't think you can characterize those as expanding the use and, in particular, we are talking about exit points onto a highway and I don't think that you could make that same point, if I understand your point right. But, anyway, to go onto the development agreement, in preparing for these hearings that we have had, I went back and read through the -- all the text and I do understand the points and I read through the testimony from those meetings back four years ago before I was around and -- and I believe that those were all addressed during that time frame or specific items that the county -- because it was a county property at that point -- required them to meet, enabling them to be annexed into the city. And so I'm not sure what the -- from reading through that, the discussion back then, I'm not sure what was concluded as to what screening was going to be required there and so I don't know if you can clarify that. I can certainly take those back to our tenant and work for a resolution on that. I don't know what was decided, though. I kind of thought that they put tree inventory there to screen it. Zaremba: As I recall, the end suggestion was that there be enough trees to screen that area. There are not enough trees to screen the area. Tverdy: And the area that you're concerned with is the -- I would say the northern portion of the property where they have the bins set up with the bulk gravel and bark and that type of stuff. Zaremba: What sparked my memory of it was -- was staffs comment that it still is not in compliance with our development standards and perhaps I will -- I see Director Canning is quickly looking some things up. And those were the ones that I remembered off the top of my head, but I -- since the comment was made -- Tverdy: I find it difficult to -- to -- you know, we are the property owners there and Mr. Mussell is a tenant on the property, so it is our responsibility to get it in in compliance. I have -- I find it a hard time to commit on his behalf on what we will do, but -- but we certainly will take the appropriate steps to make sure the property's in compliance and that's -- you know, we -- and if Eric Oaas were standing here, he would be doing a lot to Meridian City Council December 4, 2007 Page 67 of 77 make sure that there is a clear delineation between Oaas Laney and development and the projects we have done, versus the history associated with the property. So, we will take the appropriate steps to make sure that those items are cleaned up appropriately. Zaremba: Thank you for your promise. De Weerd: Any further questions from Council while Anna continues to search? Bird: I don't, but, Anna, do you have a -- a site -- an overall area site deal that would show the west side of 69? Yeah. That's what I thought. I believe the church exit -- or enters and exits right across from that and it's a full blown deal. So, we have granted one on the west side, but we want to grant one on these, uh? ITD I should say. Tverdy: If I may add, if I'm allowed to, I think it is -- it is germane to the discussion that when this development agreement and when these letters with ITD and such were in place, that stop light was not in place and we have since installed the stop light there at the comer of Victory Road and Meridian. And so I mean -- you know, the traffic is much much slowed down from where it was when this project was originally in front of -- in front of your consideration. Canning: Madam Mayor -- De Weerd: Yes. Canning: -- Members of the Council, just to remind the Council that the applicants do have an access from State Highway 69 where there wasn't one on the other side. Both applications came in prior to the code amendment for the -- prior to the UDC adoption, but it was an ongoing concern for both sides of the highway. I did find the applicable provisions. The applicant was tied to meeting the landscape requirements at the time of certificate of zoning compliance approval, but it does note a 20 foot wide landscape buffer on Victory and a 35 foot wide landscape buffer on State Highway 69. 1 do remember that discussion, Commissioner Zaremba, and I think we did put it to the certificate of zoning compliance, because there was no preliminary application at the time. Zaremba: Okay. Thank you. Canning: Madam Mayor, Members of the Council, sorry, I misspoke. There was a preliminary plat application. This is the final plat. I was confused for a moment. I'm sorry. Zaremba: I'm song, I didn't understand that. What we are doing tonight is a preliminary plat; right? 0 Meridian City Council December 4, 2007 Page 68 of 77 • Canning: It's a -- it's a re -subdivision of the first preliminary plat. The first one was Mussell Comer Subdivision, so that did come in with an annexation. De Weerd: Council, any other questions? Mr. Zaremba, did you have that question answered? Did you feel there was an answer in there, because maybe -- Canning: Madam Mayor, probably not. I think this is the way it goes. Zaremba: I guess the remaining -- De Weerd: I have been thinking, well, maybe I just didn't get it. Canning: Typically what -- Zaremba: I had it -- I had it addressed and discussed and what still remains is staff comment that it's still not in compliance. I don't remember all the things it was supposed to be in compliance with, but -- Canning: Right. Typically what happens is you come in with a preliminary plat. When they come in with the final plats for an area, we require the landscape buffer at that time. It was put as a conditional -- on the conditional use application, it was required with the CZC. On the preliminary plat we just get it as the final plats come through, but this area is being re -preliminary platted, but has not yet gone through a final plat. Does that make sense? I don't believe it has. Perhaps I'm wrong. Zaremba: So, what you're saying is it does not yet need to comply with the things that are out of compliance. Canning: I'm not sure at this point. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, it isn't being replatted, is it? It's being resubmitted because of the conditions on the north entry, exit, whatever you want to call it. Canning: No. They have proposed a detailed preliminary to you, but it's a -- it's a new preliminary plat on an area that I don't believe is final platted yet. It's not a lot in a subdivision. Bird: Isn't this the same plat that we seen before? I thought it did, but I'm not -- 0 0 Meridian City Council December 4, 2007 Page 69 of 77 Canning: It's the same one you saw on October 23rd. Bird: Okay. Canning: But in 2004 you approve Mussell Comer Subdivision. Bird: Oh. No. No. No. I realize that. It wasn't one from 2004. No. Andrus: Madam Mayor? De Weerd: Yes. Andrus: Commissioners. Councilman Zaremba. I wanted to just clarify a point. We have put in the 35 foot wide buffer the entire length of the property down Meridian Road and the area that -- you know, I think that you can see in I think is -- the highway is elevated. The property is a good element below the — below grade of the highway. So, I think that's probably why you could see in there, but the improvements that were required when we did the Mussell Comer Subdivision a couple years ago, required that all be put in. So, it is put in per the requirements there. So, now I still think that you have a concern that we need to go and take a look at, which we will do. But I believe we have met those requirements and I'd love Anna to comment, if she disagrees. Canning: I'm slowly -- Zaremba: Well, I know there has been some landscaping done and it looks nice, I'm not being unappreciative. Canning: Madam Mayor, Members of the Council, I'm slowly getting up to speed on this one. Sony. The legal description for this preliminary plat does list it as Lots 1, 2 and 4 of Block 1 of Mussell Comer Subdivision. So, the project has gone through final plat approval. We typically require the -- look for the landscape buffer at that final approval time. I can only anticipate that we checked it and it met our minimums. I'm not sure without doing a lot of research on it. I'd have to go back to the final plat applications and see what was exactly approved, so I apologize. De Weerd: Council, do you have the information that you need, in addition to what we have already discussed or heard? Is there any further testimony? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, what was -- what was the final plat on? What -- • Meridian City Council December 4, 2007 Page 70 of 77 Canning: I believe the entire property that was went through the preliminary plat and the final three of those lots, one, two and four. Bird: Thank you. Ll part of the Mussell Comer annexation plat process. This is a resubdivision of De Weerd: Council, do you want to have discussion? We still have an open Public Hearing. Or I'll just be quiet and wait until you talk. Bird: Well, Madam Mayor, I need -- I need -- I want to make sure I'm clear on my pea brain. What we are actually ruling on tonight is the preliminary plat and the condition of leaving the north entry -exit there until the development of the final stage, is that what I got they have requested or -- and does that change, then, we have to make a motion -- do we have to change the development agreement at that time? Canning: Madam Mayor, Members of the Council, if the -- the issue may be able to be decided on the question of what constitutes redevelopment of the area, without the need to change the development agreement. The findings that you have before you tonight are, actually, the findings that were prepared based on your last hearing, so they require the access to be removed with the first final plat. Does that answer your question, sir? Bird: Yeah. And if we don't -- are you comfortable if we don't change the development agreement to state that? Canning: Madam Mayor, Members of the Council, Councilmember Bird, the -- the approval, I would imagine, would note what the concept of redevelopment is and, then, that would decide the issue. Bird: You're comfortable -- Canning: I'm not comfortable with you -- no. I'm song. Never mind. Bird: Well, Madam Mayor, just to follow up, I -- I don't see how you can -- and I believe - - I don't know. These people can tell me, but I believe that that north thing is right across from the main entry into the new Valley Shepherd Church and it's a full blown deal and if -- you know, if we have -- if we allow it there and they are not wanting this as permanent, they are asking this to -- and I understand why they do. You go out there and I -- the little bit I have been seeing out there and stuff, you go buy your stuff and they go out there and they load you up with your rock and stuff and, then, instead of having to come back through the deal, you can go out and tum right and go out. I don't 0 Meridian City Council December 4, 2007 Page 71 of 77 know. I have a hard time justifying denying something that's right across the street that's just been put in within the last couple of years and this -- this has been there for ages. De Weerd: Anything further from Council? Just thought I'd ask. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I have a lot of questions running around upstairs. It's late and it's hard to get them out. But I just want to make sure that I understood the applicant correct when he indicated that when phase two and three went forward that the access would be closed. I have heard that it would stay open until three was done and -- and, then, my follow-up question to that is if we never see phase two and three, what on -sight measures would be made to minimize the idea of eight new potential sources of vehicle traffic would not find their way to that access to the north, as opposed to go out on Victory Road and I don't believe the fact that it may not be improved would hinder that, because I can take you to several places in town where people have found short cuts over hill and dale that aren't paved and they are driving through mud to get around fences. So, you know, anyway, I think that's -- that's my concern about what happens if. Andrus: Madam Mayor, Councilmen, to address those points, the -- our argument with the north access is to protect the tenant's business there, the Victory Greens business, and where we have phase one set aside or -- we already have an agreement that Mr. Mussell will move his business out of that corner, so that we can redevelop. His business really can't continue there on less acreage than what is -- currently he's consuming on phases two and three. So, yes, we would like the most flexibility as possible to tie the vacation of that access point to phase three. Practically, it will happen when Tim's business is no longer viable there on that sight and that, really, is phase two and three. So, I don't want to kind of, you know, be to fuzzy about what I talk about, that's really just the way that it will play out. Rountree: Reality and what you want are just a little bit different. Andrus: Yeah. Then -- I'm not sure I can address your last point. I understand -- I understand your point. You know, is there something we can do, a signage or something -- we would certainly entertain any and all of that, if that's what is necessary to make everyone feel comfortable that that -- that that traffic will not be going out that entrance. Rountree: If that particular tenant decided to find another way of making a living or retire or whatever for himself, would you contemplate doing something with the access between their business office and that parcel to the north that is utilized for storage? In Meridian City Council December 4, 2007 Page 72 of 77 other words, there would be no need for the exchange and the movement of people and materials from Block 2 to the north. Andrus: Gosh, I'm not a hundred percent sure I understand your question. If the business for some reason next year was to cease to exist, would we vacate that north entrance; is that what you're asking me? Rountree: Uh-huh. Andrus: We would -- we would go into a more aggressive development of phase two and three in that event and I think that, yes, we would. Rountree: Yes, you would. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: This may have been asked during the October hearing and I have forgotten the answer, that the lease that the tenant has has how much longer to run on it? Andrus: Well, it's kind of complicated, but there are -- there are two leases on the property, both of them expire in two years, so 2009 and I think it's like May of 2009. One lease deals with the property toward phase one. It's not a clear break, but it's pretty close. That one is not renewable unless the landlord gives the option for him to renew it for an additional five years. The property to the -- what would generally be phase two and phase three, is renewable for five years at the tenant's request. So, the way that stacks up, then, is there really is a two year lease -- given our plans, there really is a two year lease on the area related to phase one and a seven year lease related to areas of phase two and three, if the tenant wants to take it that long. Zaremba: Thank you. Andrus: There is a whole lot of discussion associated with what I just summarized there that I feel a little uncomfortable representing Mr. Mussell on that, but that's the contract that's in place today. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On that -- getting back up to that temporary access, did you say there was a gate with a lock on it? • 0 Meridian City Council December 4, 2007 Page 73 of 77 Andrus: Yeah. After business hours the -- the property is locked currently that the entry point is right there and we would move it to there and there is gate right here that is closed and locked and that's basically during his business hours and that's how he controls traffic coming on and off the site and he made it very clear to me that he would want to maintain that because of inventory theft. Bird: Yeah. I can understand that. De Weerd: Council, anything further? Any final remarks? Staff? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before we close this -- we didn't close the Public Hearing, did we? De Weerd: No. Bird: Anna, I got a question. Are we -- are we allowed, seeing how this is state highway, are we allowed, if we wanted to put a stipulation of that access being right -in, right -out only? Is it -- can we legally do it? Canning: Madam Mayor, Members of the Council, Councilmember Bird, the way I describe this to folks when they come into us is that you have got kind of two gates that you have got to get through to get to the highway. You -- you can tell folks what they can do as far as coming off of their property and, then, the state has the authority to say what they do coming onto the property. So, if you were to require some improvements be made on their property side that would limit them to physically basically being only able to do a right -in, right -out, that's -- that's something you could do. Bird: That's what I thought you was going to tell me. Madam Mayor? De Weerd: Mr. Bird. Bird: I guess everybody's done needing to hear any Public Hearing. I hope everybody -- anybody else wants to testify, if they don't, I move that we close the Public Hearing on PP 07-014. Rountree: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 22. All those in favor say aye. All ayes. Motion carries. 0 Meridian City Council December 4, 2007 Page 74 of 77 MOTION CARRIED: ALL AYES. De Weerd: No one needs me ask if we have a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'll try one. I move that we approve PP 07-014, request for preliminary plat approval for 34 commercial retail building lots and one common lot on 17.84 acres within a C -G zone for Emerson Park Commercial by Kuna-Victory, LLC, at 2910 and 3030 South Meridian Road and 110 East Victory Road. And to change condition of approval 1.1.12 to state that northern access shall be discontinued at -- at the phase -- the final plat of phase three, I guess. Rountree: Two. Bird: Phase two or three, whichever. Rountree: Which one? Bird: I want three. I said three to start with. De Weerd: I have a motion. Do I have a second? Borton: Second for discussion. De Weerd: We have a second for discussion. Discussion. Borton: Would the motion maker be inclined to amend the motion to make it phase two? Bird: You know what, I would -- yeah, I guess. I would -- the motion maker would agree to phase two. De Weerd: Does second agree? Borton: Second that amended motion. De Weerd: Any further discussion from Council? i Meridian City Council December 4, 2007 Page 75 of 77 i Rountree: Madam Mayor, if the motion maker would also agree that any measures need to be made for the property to become in compliance -- or there is some suspicion that it may not be, prior to the final plat for phase one -- Bird: And we are -- we are getting on two -- kind of from wrong, I'm not against that, but we are getting on two different subjects. What -- a preliminary plat has nothing to do with what the old development agreement -- or what they haven't done, has it? I mean I think they should get up to compliance, yes, but I don't -- I don't think this preliminary plat on this -- on phase one does that. I mean is where you do it. I don't know. Rountree: I guess I just bring that out that it's an issue for compliance and enforcement, so maybe we can handle it through enforcement. Bird: I was going to say, that's -- we have to enforce -- something in place already for enforcement to do. Rountree: And the applicant's agreed to get it done, so we need to follow through. Bird: Yeah. De Weerd: I think just that note of discussion was already received. So, any further discussion. Mr. Berg, will you, please, call roll. I'm sorry. Mr. Zaremba. Zaremba: And just a question to the maker of the motion. Would you want to have an alternative time limit if you -- Bird: No. Rountree: Seven years. Bird: I'd just as soon leave it like it is. Zaremba: Okay. De Weerd: Okay. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 23: EXECUTIVE SESSION: Idaho State Code 67-2345(1)(a),(1)(f). Meridian City Council December 4, 2007 Page 76 of 77 De Weerd: Okay. Thank you. There was an addition of an Item 23 with an Executive Session. Do I have a motion to adjourn into Executive Session? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Are we going into Executive Session? I move we go into Executive Session as per Idaho State Code 67-2345(1)(a), (1)(f). Rountree: Second. De Weerd: Okay. I have a motion and a second. I would ask that Mr. Nary join as well. And -- oh, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of executive session. Rountree: So moved. Bird: Second De Weerd: All those in favor, say aye. MOTION CARRIED: ALL AYES. De Weerd: Then a motion to adjourn? Rountree: So moved. Bird: Second De Weerd: All those in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 12:27 A.M. • Meridian City Council December 4, 2007 Page 77 of 77 (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 00r MAYOR T MY De WEERD 0 0 la I V 0 -7 - DATE APPI�� s _ WI IAM G. B RG J ; ,CI LL ERK November 30, 2007 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of November 13, 2007 City Council Special Workshop Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: �Ve 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. • November 3O, 2007 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT ITEM NO. 5-B REQUEST Water Main Easement Agreement for Meridian First Baptist Church AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File 0 City of Meridian Public Works Dept. RECEIVE I NOV 2 12007 City Of Meridian City Clerk Office Date: 11/21/2007 Re: Proposed Agenda Items for 11/27/07 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 11/27/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Meridian First Baptist Church. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Meridian First Baptist Church and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. 0 Page 1 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E i BOISE IDAHO 12/20/07 01:06 PM DEPUTY Bonnie OberbilGg III I'IIII�IIIIII�I�I�I�I.+llllll'��'II RECORDED -REQUEST OF 10717637 Meridian City WATER MAIN EASEMENT- THIS INDENTURE, made this 21st day of November, 2007 between Meridian First Baptist Church, located at 428 West Pine Avenue, Meridian, Idaho 83642, the party of the first part, and hereinafter called the Grantor, 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 fromm 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 rigbt-of-way for an easement for the construction, operation, maintenance, repair, and 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, malting 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 lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement Easement - WaterLine PaBe_" THE GRANTORS do hereby covenant with the Grantee that they are lawfidly seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful righttoconvey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawffid claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ) ss County of Ada ) On this :P-/ day of lwvei+ --, , 20±2 before me, the undersigned, a Notary Public in qnd for said State, personally appeared R r u4AIU X known or identified to me to be a Director, of the organization that executed the within instrument, and acknowledged to me that such organization executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) OC U GRANTEE: CITY OF MERIDIAN Water Main Easement Y PAJBI,IC FOR Residing at Commission Expires Easement - WaterLine o V O GRANTEE: CITY OF MERIDIAN Water Main Easement Y PAJBI,IC FOR Residing at Commission Expires Easement - WaterLine GRANTEE: CITY OF MERIDIAN Tammy de Weert/m*lw jxG� A4t?�! Attest by William G. Berg, City Clerk Approved By City Council On� STATE OF IDAHO, : ss. County of Ada ) 819AL - On this , day of Df'0 CMb6r, 200 before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ••� � � �.M � �+•• • � •: tri (SEAL) ;� NOTARY PUIALIC FOR IDAHO Residing at: ('011 n t LjT I I , 11--) .�'. . Commission Expires: U' l 1- t ► O •i •••pj,`eID � •• Water Main Easement Easement - WaterLine A ff, F-14 m� WUNMAX W)POM"MANDXLT.A- A.R'R SWvM O CONSTR'1U=RNSTAM.G Land Surveyin, 9,, Inc. . 31).SCAM140. I 1121''E. -S -fate W"t 6 SURO 195 - 10919, Idaho .83,61.6 * offim 1-208-939-7313 - fax: 1-208-".9-7321 Job No. 0714-5. jax. 7-23-07 LEGE D)ESCRPTTOW- FOR. CITY OF MEMIA N. Waterline Emement Nit of the Southwest 114 of theNortbeast 114 of Sedion 1.7. Township 3: North, Range I West ojrthe Boise Meridian, Cit)-OfMeridian, Ada County, Idaho described a -.- Commencing at ift Center Quarter -comer of Section 1.2, Tov%mship 3 North, Range I West of Boise Meridiah, City of Meddian, Ada County, Idaho'and running thence 889049, JV"E 1.008.5.0 feet along the Center East-West line of said Section; thent'p, NOOO 15'18" l 78.30 feet to tbe. point being the Point of Beginnings tbence. N001 5'18"E 15.56 feet; thence- 'N45*15'I8-?t 22.83 feet; ihence $44P4442"E I LOO feet; thence $45 n.5'1.8"W 13.83. feat to the -00int. of beginning, Easement contains log -squm fact. *122'9 ,0044101- A A I so E m A M= 3t KiflQt? 0 November 30, 2007 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT ITEM NO. 5-C REQUEST Change Order No. 2 for the Water Division Northwest Electric for $9,349.00 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 aff'ached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. Construction • 0 Memo To: Will Berg; Tara Green From: Max Jensen, Engineering Technician CC: Len Grady, P.E., City Engineer Clint Dolsby, P.E., Assistant City Engineer Kyle Radek, P.E., Assistant City Engineer Rick Clinton, Water Department Superintendent Date: 11/27/2007 Re: Proposed Agenda Item for December 4, 2007 City Council Meeting NOV 2 7 2007 City Of Meridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the December 4, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 2 for the Water Division Building project (construction — Northwest Electrical). Additional electrical work is required for the completion of the new Water Division Building. This change order consists of the following work and amounts to 0.03% of the construction contract: followingwork pertaining to SCADA and electrical modifications made by to the buildings original responses to Request for Information from the design architects, BRS • Provide additional labor and materials to install raceways and rough -in for SCADA equipment. • Provide additional labor and materials for electrical modifications by BRS (Design Architects). Kreizenbeck Constructors (The City of Meridians' project construction managers) prepared and submitted the change order. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 2 for the Water Division Building project (construction — Northwest Electrical) for $9,349.00 and authorize the Mayor to sign tL Thank you for your consideration. Please contact me if you have any questions regarding this item. From the desk of... Max Jensen Engineering Technician Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 Phone: (208) 898-5500 Fax (208) 898-9551 jensenm@meddiancky.org 0 Page 1 0 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 2 PROJECT NO. 0607a DATE: 11/27/07 EFFECTIVE DATE: CONTRACTOR: Northwest Electrical PROJECT: Water Division Building Plans. Description: 1) Provide all labor and materials to install raceways and rough -in for SCADA antennas per ASI #10 as prepared by BRS. (Add $1,725.00) 2) Provide all labor and materials to relocate fire bell to the location required per the Fire Marshall. (Add $1,750.00) 3) Provide all labor and materials to install electrical connection to CU #8, which was relocated per BRS Architects response to RFI #59. (Add $1,393.00) 4) Provide all labor and materials to install additional raceways and rough -in for SCADA antennas per BRS Architects reponse to RFI #69B. (Add $3,761.000) 5) Provide all labor and materials to replace ebsting receptacles with TVSS receptacles in Room 119 as per BRS Architects reponse to RFI #72. (Add $720.000) Reason for Change Order: Construction progress. Attachments: AIA Document G701/CMa -1992 Change Order - Construction Manager -Advisor Edition Submitted by Kreizenbeck Constructors CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 173,824.00 Original Contract Times: Completion Net changes from previous Change Orders Net changes form previous Change Orders No. -O- to 1 No._ to _ (calendar days) $5,458.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $179,282.00 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order: (calendar days or date) $9,349.00 Completion by Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $188,631.00 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED: (CONTRACTOR) See provided AIA signed change order See provided AIA signed change order By: By: Date: Date: APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: Date: November 30, 2007 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT ITEM NO. S -D REQUEST Water Main Easement Agreement for AK Investments, Meridian, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: v I 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. 0 Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 11/27/2007 Re: Proposed Agenda Items for 12/4/07 City Council Meeting • Cityof Meridian Pubiic Works Dept. C I NOY 2 9 2007 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 12/4/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for J&K Investments . Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for J&K Investments and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 r ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO 12120101 01:05 PM I ! l RECORDED - REQUEST OF III IIIIIIIIIIIIIIIIIIIlIIIIIINIIIIII Meridian City 107167636 WATER MAIN EASEMENT - THIS INDENTURE, made this � �%da of ).-i Ki j:_hy fT�2�it�./the parties of C y 2U v7between the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. 1T 1S 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 therein 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 peremual shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of; or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof; shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement easmt wtr main(2) 0 0 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: STATE OF IDAHO ) ) ss County of Ada ) On this day of 20 C% fore me, the undersigned, a Notary Public in and for said State, personally appeared 7 `k 3'A ` al 'k t.Sa•`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. NOT RY PUB L FOR ID O�Jlj&j& Residi g at Commission Expires / //a T Water Main Easement easmt wtr main(2) 0 CITY OF 044 Tammy de Weerd, M or 8 ZAL William G. Berg, Jr., Ci Clerk �' - �; �O T tit • � Approved by Council on: STATE OF IDAHO, ) . ss. County of Ada, ) .�- % On this Tday of ,2007, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to -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 otary Public for Idaho Residing at: r�. LA 11 ID My Commission Expires: ►Q_ �.� �sr' • PARCEL DESCRIPTION PROJECT: PARCEL NO.: 9BGS�@PV�IIEPEk Wrv.._ V�mW EXHIBIT A November 5, 2007 07147 J dt K Investments City Water Easement No. 1 i A parcel of land being a par#_ of Lots 2 and 3, Block 2, of Kris Subdivision, as shown in Book 16 of Plats at Page 1080, and as shown on Record of Survey 7535, Aria County Records, located in the SE 1/4 of the SE ' 114 of Section 6, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap monument, Corner Record No. 9381309, marking the southeast corner of said Section 6; Thence North 89128127" West coincident with the south line of said Section 6, a distance of 1153.40 feet; Thence North 00020'04" East, 70.54 feet to a found 518" rebar marking the southwest corner of Parcel A as shown on said Record of Survey 7573, Ada County Records; Thence South 89°25'3T' East coincident with the south line of said Parcel A. as shown on said record of survey 7573, a distance of 160.77 feet to a found 518"" rebar/cap PLS 10561 markm� the southwest comer of Parcel B; Thence North 0°20'04" East coincident with the west line of said Parcel B, 200.76 feet; Thence South 89039'56" East, 17.48 feet to the POINT OF BEGINNING; Thence South 89°25'37' East parallel with the north line of said Parcel B; 2454 feet; Thence South 0°34'23" West; 25.00 feet; Thence North 89°25'37" West parallel with the north line of said Parcel B, t0.59 feet; Thence South 0134'23" West, 22.77 feet; Thence South 45°25'1 8" West, 12.63 feet; Thence North 89°40'30" West, 4.80 feet; Thence North 0°20'04" East parallel .with said west line of Parcel B, 56,75 feet to the POINT OF BEGINNING. The parcel above described contains 1009 square feet more or less. Together with and subject to covenants, easements and restrictions of record. PJ2007/07147/dviWswM/descriptiondCity Water No. i Easement Legal -doe RGH/cp 11/5/07 1 of 1 11 0 0 EXHIBIT "B" CITY WATER EASEMENT NO. 1 FOR J & K INVESTMENTS A PORTION OF THE SE1/4 OF THE SEI/4 OF SECTION 6 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN. ADA COUNTY, IDAHO 2007 17.48' 24.54' o :� S89 39'56"E S892537"E N M =W POB o ,6 o N89 25'37"W City Water Easement No. 1 �Z 3 1059 1009 S.F.± N^ 12N 4i � to o O 4.80" 5 N o N89 40'30"W S89 25'37"E R� N O O z N8928 27"W 1153.40' E. FAIRVIEW AVE. (U.S. HWY 30) 4�yp1. LAMdsG SE COR SEC. 6 COR R£C If 9381309 POINT OF COMMENCEMENT 6 1 5 7 Y8 PARCEL DESCRIPTION PROJECT: PARCEL NO.: I�GI�@FVN1EYhM EXHIBIT A November 5, 2007 07147 J & K Investments City Water Easement No. 2 A parcel of land being a part of Lot 2, Block 2, of Doris Subdivision, as shown in Book 16 of Plats at Page 1080, and as shown on Record of Survey 7535, Ada County Records, located in the SE 1/4 of the SE 1/4 of Section 6, T. 3 N., R. I E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap monument, Corner Record No. 9381309, marking the southeast corner of said Section 6; Thence North 89028'27" West coincident with the south line of said Section 6, a distance of 1153.40 feet; Thence North 00020'04" East, 70.54 feet to a found 5/8" rebar marking the southwest comer of Parcel A as shown on said Record of Survey 7573, Ada County Records; Thence South 89025'37' East coincident with the south line of said Parcel A, as shown on said record of survey 7573, a distance of 160.77 feet to a found 5/811" rebar/cap PLS 10561 marking the southwest corner of parcel B; Thence North 0020'04" East coincident with the west line of said Parcel B, 58.76 feet; Thence South 89039'56" East, 17.48 feet to the POINT OF BEGINNING; Thence South 89025'37" East parallel with the north line of said Parcel B, 94.27 feet; Thence South 0°41'52" West, 20.00 feet; Thence North 89°25'37" West parallel with the north line of said Parcel B, 78.09 feet, Thence South 0°3423" West, 20.99 feet; Thence North 89°25'37" West parallel with the north line of said Parcel B, 15.97 feet; Thence North 0°20'04" East parallel with said west line of Parcel B, 40.99 feet to the POINT OF BEGINNING. The parcel above described contains 2220 square feet more or less. Together with and subject to covenants, easements and restrictions of record. P:/2OO7/07147/dwgJ—ey/descriptions/City Water No. 2 Easement Legat.doc ROWcp 11/5/07 1 of 1 LANA GIST8 0 0 EXHIBIT "B„ CITY WATER EASEMENT NO. 2 FOR J & K INVESTMENTS A PORTION OF THE SEI/4 OF THE SEI/4 OF SECTION 6 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE JMIDIAN CITY OF MERIDLK ADA COUNTY, IDAHO 2007 City Water Easement No. 2 N.T.S. 2220 S.F 4- 17.48' 94.27' 31. S8939 56 E S89'2537`E a4iTilk N8982537"W 78.09' �^ 58975 37 E z Inc 160.77' 2 Inc; W � 'v - 115.97* 00 u N8925'37"W SE COR p� t\ SEC. 6 COR REC 0 9381309 2 POINT OF COMMENCEMENT N89 28'27"W 1153.40' 6 5 E. FAIRVIEW AVE. (U.S. HAY 30) 7 8 oLLA1y S,��G ��,,�tTE�� •!' � a 82 TREASURE VALLEY ENCINEEW,, W. Vll1uB11 1204 8T11 STRESf NORTH `` 1/_ L `�+�► NWA, IDAHO 83687 208 483-0305 FAX (206) 463-4391 mail®TreasureValleyEnpheers com ENGIfVEBRS • PLANN87LS• SURVEYORS 0 VISIT OUR WEB SITE.• www. Treasure ValleyEngineersxom 0 November 3O, 2007 0 MERIDIAN CITY COUNCIL MEETING December 4,2W7 APPLICANT ITEM NO. S -E REQUEST Amendment to the Roster of Qualified Consultants for Engineering Services, Water, Wastewater, and Miscellaneous Public Works Projects of the City's Master Service Agreement with H.W. Lochner, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: 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 Inifials: Materials presented at public meetings shall become property of the City of Meridian. 0 0 NOV 2 9 2002 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Brent A. Blake, Engineering Technician CC: File, Len Grady, Keith Watts Date: 11/27/2007 Re: Proposed Agenda Item for December 4, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 4, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Amendment to the Roster of Qualified consultants for Engineering Services, Water, Wastewater, and Miscellaneous Public Works Projects, and authorize the Mayor to sign the CitVs Master Service Agreement with H. W. Lochner, Inc. Recommended Council Action: The Public Works Department recommends that City Council approves the addition of H. W. Lochner, Inc to the Roster of qualified consultants for Engineering Services for Water, Wastewater, and Miscellaneous Public Works Projects, and authorize the Mayor to sign the City's Standard Master Service Agreement. Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 November 30, 2007 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT ITEM NO. S -F REQUEST Approve Standard Form of Agreement with Brown Construction, Inc. for the Construction of the Black Cat Road Water Main Improvements Project for $711,983.20 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ��AA MERIDIAN SCHOOL DISTRICT: U� 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. • - . $-11 t, qt -2,2e STANDARD FORM OF AGREEMENT Po 05?.010'1. BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 21tday of _��r-�� in the year 2001 by and betwep�,City of Meridian, Ada County, Idaho (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the contract Documents. The WORK is generally described as follows: Construction of approximately 8,887 LF of 12"0 water main, 149 LF of 18"0 sewer main, 113 LF of pipe boring and jacking, miscellaneous valves, fittings, appurtenances, and surface restoration. The Project for which the Work under the Contract Documents is described as follows: Black Cat Road Water Main Improvements Article 2. ENGINEER The Project has been designed by Civil Survey Consultants, Inc. who is hereinafter called ENGINEER and who 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. 3.1. The Work will be completed within One Hundred and Twenty (120) days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement. OWNER and CONTRACTOR agree that *as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail. to complete the STANDARD FORMS SF -1 • remaining Work within the Contract Time or any proper extension thereof granted by OWNER, the OWNER may withhold moneys from the contract and complete remaining work as required. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in. accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress, Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 25t day of each month during construction as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in paragraph 4.1 and in the case of Unit Price Work, based on the number of units completed. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER, shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. • 100% of work completed, less percentage of retainage indicated in the Supplemental Conditions. • 100% of materials and equipment (less 5% retainage) not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 100% of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2. Fina/ Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. STANDARD FORMS SF -2 •v • Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement. 8.3 Performance and other Bonds. 8.4 Notice of Award. 8.5 Acceptance of Notice of Award 8.6 General Conditions. 8.7 State of Idaho Tax Reporting Requirements 8.8 Supplemental General Conditions. 8.9 Special Provisions. 8.10 Drawings. 8.11 Appendix. 8.12 Invitation To Bid. 00 8.13 Information for Bidders. 8.14 Addenda. 8.15 CONTRACTOR's Bid. 8.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.17 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Articles 11 and 12 of the General Conditions. 8.18 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 as provided in Articles 11 and 12 of the General Conditions. STANDARD FORMS SF -4 �r • Article 6. INTEREST. All moneys not paid when, due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, 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. CONTRACTOR has studied carefully all drawings of physical conditions which are identified in the Supplemental Conditions, as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in Article 4 of the Supplemental Conditions of the extent of the technical data contained in such drawings upon which CONTRACTOR is entitled to reply. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by -CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discoveredin the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. STANDARD FORMS SF -3 0- • Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no . assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. 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. STANDARD FORMS SF -5 9 - Article - Article 10. OTHER PROVISIONS. 0 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 200 Owner ,, -0 IDI N Contractor . l �-A/5 / 77 lam' G9 1G By: By:�°� �TO>e �' ��' ow•zr,� L - Name:ame:A::.�.4d� Approved by City y Z [CORP( E SEAL BM ffilmli - Lam i� 33 East Idaho Ave. . i --Ueridian, ID 83642 Public Works License / * (if CONTRACTOR is a corporation, attach evidence of authority to sign if other than President signing) STANDARD FORMS SF -6 • City of Meridian Public Works Dept. Memo To: Will Berg; Tara Green Froom: Brent A Blake, Engineering Technician blakeb@meridiancity.org Meridian Public Works Department 660 E. Watedower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Len Grady, P.E., City Engineer Clint Dolsby, P.E., Staff Engineer 0 NOV 2 9, 2007 City Of Meridian City Clerk Office Date: 11/29/2007 Re: Proposed Agenda Item for December 4, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 4, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Black Cat Road Water Main Improvements (Construction) Attached is the bid schedule from Brown Construction, Inc. and the Standard Form of Agreement for water main improvements associated with the Black Cat Road Water Main Improvement Project. The project consist of approximately 8,887 LF of 12" water main, 149 LF of 18" water main, and 113 LF of pipe boring and jacking. The signed contract will be for $711,983.20 Recommended Council Action: The Public Works Department recommends that City Council approves and authorizes the Mayor to sign the Standard Form of Agreement with Brown Construction, Inc. for the construction of the Black Cat Road Water Main Improvements Project at a cost of $711,983.20 Thank you for your consideration. Please contact me if you have any questions. 0 Page 1 i�vt �c; cdJi iJ�L3Ni�� i BID SCHEDULE OF ITEMS AND PRICES • No -AjJ r. r; The following is the Bid Schedule for the Black Cat Road Water Main Improvements. The award will be based on the lowest Total Bid subject to the requirements of Paragraph 14. of the Information For Bidders. The unit price for each bid item shall be written in figures and words. in .the spaces provided. The total bid price shall be written in figures in the spaces provided. BIDDER acknowledges receipt of the following ADDENDA: Addendum No. Dated: 1L1� " f'r7 Initials: Addendum No. Dated: Initials: Addendum No.. Dated . lniliaW . Addendum No. Dated: Initials' NOTE: BIDS shall include sales tax and other applicable taxes and fees. Quantifies shown are estimated and may vary during construction. BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum. PHASE I Item No. 'Estimated- ' Unit ' ' Item Description * Unit Price FWItem Quanta ith Unit Price Written in Words Bid Total 205.4.1.A.1, 1,995 LF DEWATERING Dollars 30T.4.1.E.1. 142 SY TYPE "C" SURFACE RESTORATION Dollars 307.4.1.G.3.a 2,320 SY T P "PUSURFACE RESTORATION - HALF WIDTH - PERM ENT 'aw hars 307.4.1.G.3.b . 1.6%) SY. TYPE "P" SURFACE RESTORATION - TEMPORARY ''ll Dollars WD.DOCUMENTS 80-9 as. amended with.Addendum 2. • Item No. Estimated Unit Item Description Unit Price Bid Item Quant'(With Unit Price Written in Words Bid Total 308.4.1.A.1.a 56 LF FIVE MILE CREEK PIPE BORING AND JACKING — WATER MAIN Df6wllars 308.4.1.A.1.b 57 LF FIVE MILE CREEK PIPE BORING AND JACKING — SEWER MAIN ..1.11 �dd�7l2pf�i r 0 Dollars 401.4.1.A.1.a 1,754 LF 12" PVC, AWWA C900, CLASS 150, DR 18, WATER MAIN J Dollars 401.4.1.A.1.b 92 LF 1 (IPS) HDPE, AWWA C906, PE 3408, DR 17, WATER MAIN q K, 60 Dollars 402.4.1 A.1. 3 EA 12" GATE VALVE t LL'' v /%3"a l Dollars 501.4.1.B.1.a 74 LF 18" PVC, ASTM F679, SDR 35, SANITARY SEWER PIPE n e n�.rr II s 501.4.1.B.1.b 75 LF 18" (IPS) HDPE, ASTM F894, PE bb 3408, DR 32.5, SANITARY SEWER PIPE 17q. (!D ' , 5, Dollars 502.4.1.A.1. 2 EA 60" STANDARD SEWER MANHOLE, TYPE B 66 Dollars BID DOCUMENTS BDA 0 L� Item No. Estimated Unit Item Description Unit Price Bid Item Quantity (With Unit Price Written in Words) Bid Total 502.4.1.F.1. 1 EA CONNECT PIPE TO EXISTING MANHOLE II s 1103.4.1.A.1. 1 LS CONSTRUCTION TRAFFIC CONTROL 21- �o aC�b °° Dollars 2010.4.1.A.1. 1 LS MOBILIZATION to Tab A 1,Z6 Dollars SP-1 3 EA TEMPORARY SAMPLE TAP II s SP-2 3 EA IRRIGATION PIPELINE CROSSING W—a , ,✓`� 1DU•�� g4d.e da49 ✓ Dollars SP-3 1 EA SAMPLING STRUCTURE da SP-5 1 LS STORM WATER MANAGEMENT a Dollars cYj SUBTOTAL OF BID (PHASE 1) BID DOCUMENTS BD -11 PHASE 2 Item No. Estimated Unit Item Description Unit Price Bid Item Quantity (With Unit Price Written in Words) Bid Total 205.4.1.A.1 7,133 LF DEWATERING 3'0 --BOONS IL 307.4. 1. F.3.a 7,001 LF TYPE "P" SURFACE RESTORATION — HALF WIDTH - , PERDAANENT. o 71, Dollars 307.4.1.F.3.b 7,001 LF TYPE "P" SURFACE 01 RESTORATION` TEMPORARY / �5 308.4.1.A.1.c 30 LF IRRIGATION PIPELINE CROSSING PIPE BORING AND JACKINGr ° e/ /31v, DolMrs 401.4.1.A.1. 7,133 LF 12" PVC, AWWA C900, CLASS 150, DR 18, WATER MAIN Dollars 402.4.1.A.1. 12 EA 1 ATE VALVE �, �3y `` o° �S _ y6�, L2 Dollars 1q, 1103.4.1.A.1. 1 LS CONSTRUCTION TRAFFIC CONTROL e Dollars 2010.4.1.A.1. 1 LS MOBILIZATION ec �� Dollars BID DOCUMENTS BD -12 Item No. Estimated Unit Item Description Unit Price Bid Item Quantity (With Unit Price Written in Words) Bid Total SP -1 14 EA TEMPORARY SAMPLE TAP tD Dollars SP -2 9 EA IRRIGATION PIPELINE CROSSING OD Dollars SP -4 1 EA 2" BLOW -OFF ASSEMBLY PER SD7.12B(W) "60 II Q to SP -5 1 LS STORM WATER MANAGEMENT ),000 -- Dollars SUBTOTAL OF BID (PHASE 2) TOTAL OF BID $ 711 99'A (PIyASP- 1 + PHASE 2) The Bidder understands that quantities listed are approximate and the Owner reserves the right to increase or decrease individual items as may be, in its sole judgment, to its best interest depending upon conditions encountered or observed during the execution of the work. Respectfull-Zub-r�itted Signature Name (printed or typed) Tide (printed or typed) Date BID DOCUMENTS By: Name of Company r - V STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 21tday of A40*" -r-.64.,(" in the year 2007 by and betwee City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Q+�JN C� ztS7 7�!&C7,1-0.A/ (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specked or indicated in the contract Documents. The WORK is generally described as follows: Construction of approximately 8,887 LF of 12"0 water main, 149 LF of 18"0 sewer main, 113 LF of pipe boring and jacking, miscellaneous valves, fittings, appurtenances, and surface restoration. The Project for which the Work under the Contract Documents is described as follows: Black Cat Road Water Main Improvements Article 2. ENGINEER The Project has been designed by Civil Survey Consultants, Inc. who is hereinafter called ENGINEER and who 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. 3.1. The Work will be completed within One Hundred and Twenty (120) days from the date when the Contract Time commenpes to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize, that time is of the essence of this Agreement. OWNER and CONTRACTOR agree that .as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the STANDARD FORMS SF -1 0- • remaining Work within the Contract Time or any proper extension thereof granted by OWNER, the OWNER may withhold moneys from the contract and complete remaining work as required. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows:�� Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 25t day of each month during construction as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in paragraph 4.1 and in the case of Unit Price Work, based on the number of units completed. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER, shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. • 100% of work completed, less percentage of retainage indicated in the Supplemental Conditions. • 100% of materials and equipment (less 5% retainage) not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 100% of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. STANDARD FORMS SF -2 •- r Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, 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. CONTRACTOR has studied carefully all drawings of physical conditions which are identified in the Supplemental Conditions, as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in Article 4 of the Supplemental Conditions of the extent of the technical data contained in such drawings upon which CONTRACTOR is entitled to reply. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. STANDARD FORMS SF -3 •- i Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement. 8.3 Performance and other Bonds. 8.4 Notice of Award. 8.5 Acceptance of Notice of Award 8.6 General Conditions. 8.7 State of Idaho Tax Reporting Requirements 8.8 Supplemental General Conditions. 8.9 Special Provisions. 8.10 Drawings. 8.11 Appendix. 8.12 Invitation To Bid. 8.13 Information for Bidders. 8.14 Addenda. 8.15 CONTRACTOR's Bid. 8.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.17 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Articles 11 and 12 of the General Conditions. 8.18 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 as provided in Articles 11 and 12 of the General Conditions. STANDARD FORMS SF -4 0 - Article - Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no . assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. 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. STANDARD FORMS SF -5 Article 10. OTHER PROVISIONS. 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 , 200 Owner CITY OF MERIDIAN Contractor By: By. Name: Tammy de Weerd, Mayor Name: Approved by City Council: [CORPORATE SEAL] [CORPORATE SEAL] Attest Attest William G. Berg, Jr. City Clerk Address for giving notices Address for giving notices 33 East Idaho Ave. Meridian, ID 83642 Public Works License No. " (if CONTRACTOR is a corporation, attach evidence of authority to sign if other than President signing) STANDARD FORMS SF -6 • November 30, 2007 MI 07-012 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT Timberline Surveying, PLLC ITEM NO. S -G REQUEST Development Agreement — Request for an MI application to modify several provisions of the recorded DA to include both phases of Gardner Ahlquis Sub into one DA for Gardner -Ahlquist Gateway — sec of Franklin & Eagle AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: V MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: t Contacted: Emailed: as -k I('ate: / f Su/0 / ,Ph ne: DLAMp� r, Su/'WW_ cap-- Staff Initials:. / Matteerials rgsented at public meetings shall become property of the City of Meridian. oJhft Q tlM&ir1 Z-erC)rvr y.Cdry I- • ADA COUNTY RECORDER J. DARYARRO AMOUNT .00 85 BOISE IDAHO 12M/07 01:45 PM DEPUTY Paid Thompson III IIII'I'I'I'll'lll"I'�II�II'I II'll RECORDED -- REQUEST OF CIV of Meridian 197164799 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Meridian Medical Plaza, LLC, Owner/Developer 3. Gardner Kem C Family Partnership, Owners THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this -3rd clay- of De%�-n1.lorr , 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, Meridian Medical Plaza, LLC, whose address 13901 W. Wainright, Suite B, Boise, Idaho 83713, hereinafter called OWNER/DEVELOPER, and Gardner Kem C Family Partnership, whose address is 13901 W. Wainright, Suite B, Boise, Idaho 83713, hereinafter called OWNERS. 1. RECITALS: 1.1 WHEREAS, Owner/Developer and Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is, attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the 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 and/or Owners 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 the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Developer/Owner and/or Owners have submitted an application for annexation and re -zoning of the Property described in Exhibit A, and has requested a designation of (C -G) General Commercial), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer and/or Owners made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the DEVELOPMENT AGREEMENT M 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 1 OF 12 subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 8th day of May, 2007, and 28th day of August, 2007, 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 Developer and/or Owners to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer and/or Owners entered into certain Development Agreements (Instrument # 107099628 and Instrument # 107134668) and now wish to combine those into one Agreement. The two existing Agreements will be replaced by this Agreement that contains provisions that apply to the overall development; and 1.10 WHEREAS, City requires the Owner/Developer and/or Owners to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement,. herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT M 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 2 OF 12 • 0 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 Meridian Medical Plaza, LLC, whose address is 13901 W. Wainright, Suite B, Boise, Idaho 83713, the party owing a portion of and developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 OWNERS: means and refers to Gardner Kern C Family Partnership, whose address is 13901 W. Wainright, Suite B, Boise, Idaho 83713, the party that owns said Property and shall include any subsequent owner(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 re -zoned C -G (General 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 which are herein specified as follows: Sixteen (16) commercial lots and one lot for the construction of a private street in the proposed C -G zone on 24.92 acres and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to these AZ 06-065 and AZ 07-010 applications DEVELOPMENT AGREEMENT (MJ 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 3 OF 12 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer and/or Owner shall develop the Property in accordance with the following special conditions: 5.1.1 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. 5.1.2 All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 5.1.3 The applicant shall be responsible for all costs associated with sewer and water service installation. 5-.1.4 The following shall be the allowed uses on this property: Permitted and accessory uses within the C -G zone. All conditionally permitted uses in said zone shall be subject to CUP approval. 5.1.5 The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department for all new construction on the subject property. 5.1.6 The site shall develop generally consistent with the submitted concept plan, and shall include 300,000 square feet of office space, 52,000 square feet of retail space and a 200 room hotel with a provision that allows the Planning Director to allow a plus or minus 10% change in square footage on any individual building. A minimum of thirteen (13) buildings, nine (9) on Phase 1 (Gardner Ahlquist Gateway No. 1) and four (4) on Phase 2 (Gardner -Ahlquist Gateway South), shall be required on the development. No single building shall exceed 225,000 square feet and no building footprint shall exceed 75,000 square feet. 5.1.7 All buildings on the site shall be generally consistent with the conceptual office plan, attached as exhibit "C" and retail elevations submitted with these applications, attached as exhibit "D". All buildings shall also be subject to the city's Administrative Design Review. The applicant shall be allowed to construct up to 100 -foot tall buildings without alternative compliance or conditional use permit approval. 5.1.8 Pedestrian crossing shall be provided in the locations shown on the concept plan and shall be differentiated form other driving surfaces by the use of brick, colored/scored concretes, or pavers or by other means approved by the transportation authority. DEVELOPMENT AGREEMENT (NII 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 4 OF 12 0 0 5.1.9 The applicant shall construct a round -about at the intersection of Louise Drive and Montvue Park Drive to alleviate potential cut through traffic OR provide a city -approved alternative design for the internal streets. 5.1.10 The buildings shown on the concept plan directly adjacent to Eagle Road and Franklin Road shall have architectural elements and enhancements consistent with the submitted elevations on all facades that face Eagle Road and Franklin Road. 5.1.11 Locate a minimum of two (2) buildings abutting the landscape buffer along Franklin Roads as shown on the concept plan. Locate a minimum of five (5) buildings abutting the landscape buffer along Eagle Road, two (2) of which to be sited on Gardner -Ahlquist Gateway No. 1 and three (3) of which to be located on Gardner -Ahlquist Gateway South. 5.1.12 Construct a maximum of one right-in/right-out access point to Eagle Road; coordinate the design and construction of the access point with ACHD and ITD. 5.1.13 The applicant shall construct a maximum of one right-in/right-out/left-in access point to Franklin Road. The applicant shall be responsible for the formal layout, design and construction of the raised island(s)/devices necessary to control traffic movements for the Franklin Road/Montvue Drive access, as required by ACHD. 5.1.14 The applicant shall either vacate and/or exchange all right of way for Eagle Road that is not necessary for the road, as defined by the transportation authority, OR enter into a license agreement with the transportation authority to landscape the surplus right-of-way. 5.1.15 A continuous 35 -foot wide landscape buffer shall be constructed adjacent to Eagle Road and Franklin Road. 5.1.16 The applicant shall be responsible for the construction of a 10 -foot wide multi -use pathway (with a public use easement) and the installation of street lights and landscaping along Eagle Road (SH 55) that this consistent with the Eagle Road Corridor Study. However, the applicant shall be allowed to construct divided sidewalks intermittently along Eagle Road to permit landscape planters (i.e. five feet (5') of sidewalk then landscape planter then five feet (5') of sidewalk), as allowed by the Idaho Transportation Department. If the pathway is attached to the curb, a full 35 -foot wide buffer will be required measured from the back side of the pathway. If the pathway is detached from the curb, the pathway may count as part of the required street buffer width. 5.1.17 Prior to the issuance of a building permit, the subject property shall be subdivided, as proposed. 5.1.18 The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 5 OF 12 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/Developer and/or Owners or Owner/Developers and/or Owners heirs, successors, assigns, to comply with Section 5 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 DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer and/or Owners consent 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/Developer and/or Owners and if the Owner/Developer and/or Owners fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer and/or Owners 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/Developer and/or Owners, or Owner/Developer's and/or Owners' 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/Developer and/or Owners 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 DEVELOPMENT AGREEMENT (NII 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 6 OF 12 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/Developer's and/or Owners' cost, and submit proof of such recording to Owner/Developer and/or Owners, .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. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by the City or Owner/Developer and/or Owners, 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. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer and/or Owners 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. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer and/or Owners 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. DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 7 OF 12 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, to insure that installation of the improvements, which the Owner/Developer and/or Owners agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer and/or Owners agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developer and/or Owners have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer and/or Owners agree 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. 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 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 OWNERS: Gardner Kem C Family Partnership 13901 W. Wainright, Suite B Boise, ID 83713 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Meridian Medical Group, LLC 13901 W. Wainright, Suite B Boise, ID 83713 DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 8 OF 12 16.1 A parry shall have the right to change its address by delivering to the other parry 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 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 party 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/Developer and/or Owners of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or 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 and/or Owners, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer and/or Owners have 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/Developer and/or Owners 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/or Owners and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 9 OF 12 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 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 the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: MERIDIAN MEDICAL PLAZA, LLC OWNERS: GARDNER KEM C FAMILY PARTNERSIE[P DEVELOPMENT AGREEMENT (NII 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 10 OF 12 0 0 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: MERIDIAN MEDICAL PLAZA, LLC 4� By: OWNERS: FAMILY PARTNERSHIP kP�l C. Ca mzbt7R CITY OF MAYOR TAMMY de WEERD Attest: CITY CLERK DEVELOPMENT AGREEMENT (NII 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 11 OF 13 0 STATE OF", ) ss County of Ada, ) L] On this - day of -DQAJ�W, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared kP�IM �(�V�I�ji/ , known or identified to me to be the �� of Meridian Medical Plaza, LLC, acknowledged to me that they executed same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) 0F:M] Nty�comm. Fa: 90&4WW &11630 I(P o 1110 V%W STATE OF fl, ) ss County of Ada, ) Notary Public for Ike- X11 Residing at: My Commission Expires. On this 6 day of k Q 2007, before me, the widersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the —MA&,94 Of amity Partnership, acknowledged to me that they exec ted the same on behalf of said partnership. 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)F---'mvc=mtE.m/iJr411 FAM NLCKEN TABrlg00.10• BUT1 OF UM 101 905.400 VK we 360 DEVELOPMENT AGREEMENT (1VII 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-01.0) PAGE 12 OF 13 0 0 Attest: /RWZYMAN= CITY CLERK STATE OF ss County of A6QL ) CITY OF MERIDIAN By: de WEERD 0 ,/,/o/ft1111 1 11��`�\`\` On this day of, 2007, Public in and for said State, personally appeared known or identified to me to be the of Gardner Kern, C Family Partnership, acknowledged to me that they a cuted the same on behalf of said partnership. me, the undersigned, a Notary IN WITNESS VA official seal the day and year in (SEAL) "F, I have hereunto set my hand and affixed my certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: DEVELOPMENT AGREEMENT (MI 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 11 OF 12 0 STATE OF IDAHO, ) ss County of Ada, ) a On this 2l day of NdV#thW , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared _),771 Ala V4 - known or identified to me to be the p�,ti,y�,� J O�aiOi% of Meridian Medical Plaza, LLC, acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) `W *gTA43. 1 0.4M I�-V�LIG �•��•9;� OF 19ha� STATE OF IDAHO ) ss County of Ada ) Notary( blic for Idaho Residing at:)Ww&&/�y✓��6 My Commission Expires: On this L%tl" day of 'f = e'M 6e--- , 2007, 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 City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •®*®®aero o®o • Ca 'w (SEAL) ® i a "�, OF wioo otary Public for Idaho Residing at: Cd t d LLX Ll I D Commission expires: 1 U -1 )'-j I DEVELOPMENT AGREEMENT (Ag 07-012 GARDNER/AHLQUIST GATEWAY - TO REPLACE DEVELOPMENT AGREEMENTS FOR AZ 06-065 AND AZ 07-010) PAGE 12 OF 12 0 a LEGAL DESCRIPTION GARDNER ABLQUIST GATEWAY SUBDIVISION NUMBER 1 LESS LOT 4 BLOCK 3 A Parcel of land being a portion of Montvue Park Subdivision Book 17 at Page 1107 of Plats and being located in the Northwest 1/4 of the Northwest 1/4 of Section 16, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho and described as follows: Basis of Bearing being the West line of the Northwest 1/4 of said Section 16 derived from found monuments and taken as North 00020'34" West with a distance between monuments being 2653.01 feet Beginning at a point from which the Northwest comer of said Northwest 1/4 of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian bears North 79008'23" West a distance of 318.01 feet, thence North 87046110" East a distance of 314.61 feet; thence South 89°19'30" East a distance of 388.83 feet; thence South 00°10'01" East a distance of 20.00 feet to the Northwest comer of Touchmark Living Center Subdivision Number 1 as it is recorded in Book 89 at Page 10313, records of Ada County; thence along the West boundary line of said Subdivision South 00°10'01" East a distance of 801.54 feet; thence leaving said West boundary line South 89°49'58" West a distance of 11.94 feet; thence along a curve to the right with a radius of 209.00 feet and a central angle of 45°5955" an arc length of 167.79 feet (with a chord bearing of North 67'10'05 " West, and a chord distance of 163.32 feet); thence North 44°10'06" West a distance of 57.09 feet; thence South 00°01'40" West a distance of 231.22 feet; thence North 89°33'34" West a distance of 204.39 feet; thence North 00°10'38" West a distance of 16.12 feet; thence North 89°28'29" West a distance of 180.23 feet; thence North 00°10'38" West a distance of 122.01 feet; thence North 89°27'53" West a distance of 40.00 feet; thence North 89°28'30" West a distance of 315.39 feet to a point on the East right-of-way line of South Eagle Road; . thence along said East right-of-way the following 13 courses and distances: North 00°20'34" West a distance of 148.27 feet; North 89039126" East a distance of 100.00 feet; North 00020'34" West a distance of 73.92 feet; South 89041'06" West a distance of 55.00 feet; North 00°20'34" West a distance of 118.96 feet; North 89°41'07" East a distance of 55.00 feet; North 00020134" West a distance of 29.62 feet; North 11 °41'55" East a distance of 24.56 feet; North 00°20'34" West a distance of 114.34 feet; North 89039'20" East a distance of 33.37 feet; North 09027'26" East a distance of 20.00 feet; UATS-SUBS\Gardner Ahlquist Meridian Gateway\survey\legals\GA Gateway Phase 1 Boundary Legal Less L4B3 112807pmh.doc i a North 80032134" West a distance of 98.33 feet; North 00020134" West a distance of 148.90 feet to a point on the southerly right-of-way of South Franklin Road; thence leaving said East right-of-way and along said southerly right-of-way South 89018'34" East a distance of 91.98 feet; thence South 74°23'34" East a distance of 109.19 feet; thence North 00°20'34" West a distance of 131.95 feet to the POINT OF BEGINNING. Said Parcel contains 16.99 acres more or less. Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 1 Nampa, Idaho 83651 (208) 465-5687 END OF DESCRIPTION UATS-SUBS\Gardner Ahlquist Meridian Gateway\survey\legals\GA Gateway Phase 1 Boundary Legal Less L4B3 112807prah.doc 0 a LEGAL DEScRjpTj0N GARDNER AHLQUJST GATEWAY SU]31)MSION NUMBER 2 A Parcel of land being a portion of-)4onlvuc pmk Subdivision Book plats and being located in the Northwest 1/4 Of The Northwest 114 Of Secti 17 at Page 1107 f Township 3 North, Range I East, Boise Meridian, City of Meridian, -on 16, and described as follows: Ada County, IdWw Borns of Bearing being the Vest line .0f the Northwest 1 a/4 Of said Section 16 derived from found monuments and taken, as North 00' '2(Y34- West and distance between monuments found to be 2653,01 feet. C 0 MMENC IN G at a brass cap monument marking the Northwest comer of the Northwest 114 Of Section 1-6, Township 3 North, Range t Eastz Boise' Meridian, thence along the West line of said Northwest 1/4 South 00-20'34" East a distance of 856.55 feet and from which the Southwest comer of said.Northuest 114 bears South 00*2034n East a distance, of 1796.46 feet, thence leaving siid West line South 89*39-26- East to the Eagerly Right.of-WaY, Of Ni Orth We Road, a distance of 70.00 feet being the POINT OF ]BEGINNING; thence leaving said Eagerly Right -of -Way South 8902815" East a distance of 311539 feet; thence South 8927'5311 East a.distance of 40.00 feet; thence South 0001019" East a distancecif122.01 feet - thence South 89M29" East a distance of 190,23 feet; thence South GO'l 018" East a distance of 16.12 feet,! thence South 89028'29" East a. distance of 179.74 feet, thence North 891149'22" East a distance of 40:00_ feet; thence South 00"05'39" East a distance of *120.16 feet; thence South 89012'20m Ea:sit a distance of 5.16 feet; thence along a Don tangent cunv to the fight, from a tangent which bears South 00x16`25"" West, with a radius of 64.47 feet and a central angle of 90*3 F25" an are length of 101.86 feet (with a chard;Searing of Sout 45-ZOT' West, and distance of 91.59 feet); b a chord thence North 89112,20" west a distance of 40.14 feet; thence South 00"46'09" East to the Northerly Right -of -Way of SL Luk -es Street, a distance of 1154.14 feet; thence. along said Northerly Right -of -Way North 89`27'00" West to said Easterly Right -Of way, a distance. Of 655,26 feet; thence leaving said. Northerly Right -of -Way and along said Easterly Right _of Wa,, the following two (2) courses: Page I of 2, Phase 2 L1--1TSSVR5%Gw&- Al*ui-q Maridim Gw—yASWSer UtVdi0QA CmWww . phue 2 Bow&ry LCPI MqsW 0911-07 MOCAm 0 a along a non tangent curse to the let from a tangent which bears Worth 001936" East" with a radius of 5,799.58 a, a central anee of 01D"41Y09", a length of 67,75 feet (chord bearing.' et 0 " a429" West, 67.75 feet); (�t N rth'00 thence North 00020'3411 West a distance of 408.49 feet to the POINT OF BECTINMNG.. Said Parcel contains approximately 6.68 acres more or less, and is Subject to all existing casements and rights-of-way � s of recmd or implied. Kenneth 14. Cook P.LS, 9895 Timberline Surveying 847 Park Centre, Way, Suite 3 Nampa, Idaho $3651 209-465-5687 Page 2 of 2, Phan 2 END OF DESCRIPTION. U.ATS-SUMGaTdtjar AWqaist Maidim G#My;,,,,5pjgWsjaA onieway Nam 2 %u'WwV 19] reviud 093 W, MUC,doc Cl CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER a C�VMiArli In the Matter of Annexation and Zoning of 22.30 acres from R-1 (Ada County) to C -G (General Retail and Service Commercial) AND Preliminary Plat Approval for 11 commercial lots on 19.3 acres in the proposed C -G zone, for Gardner -Ahlquist Subdivision, by Ahlquist Development, LLC Case No(s). AZ -06-065, PP -07-007 For the City Council Hearing Date of: April 24, 2007 (Findings approved on May 8, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 24, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 24, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 24, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 24, 2007 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 -06-065 and PP -07-007- PAGE 1 of 4 • a 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 April 24, 2007 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 Submitted and prepared by Treasure Valley Engineers on January 31, 2007 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 24, 2007 incorporated by reference; and, The following modifications to site specific conditions and development agreement Provisions were made at the City Council hearing: i. Approved one right-inhight-out access to Eagle Road (see VAR -07-007); ii. Approved one right-in/right-out/left in access to Franklin Road and required the applicant to design and construct the traffic control devices (medians, pork chops, etc.) at the Franklin/Montvue Park intersection to direct traffic movements; iii. Allowed buildings to be a maximum of 100 -feet tall without any subsequent approval; iv. Required the applicant to landscape the area outside of the ultimate right-of- way for Eagle Road by either vacating the excess right-of-way, or entering into a license agreement with the transportation authority; V. Required the applicant to construct a 10 -foot wide multi -use pathway, lighting and landscaping along Eagle Road that is consistent with the Eagle Road Corridor Study. vi. Required a round -about at the intersection of Louise Drive and Montvue Park Drive to alleviate potential cut through traffic; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-065 and PP -07-007- PAGE 2 of 4 0 D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary plat Duration 0 Please take notice that approval of a preliminary plat, combined preliminary and final Plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. 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 m 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 April 24, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-065 and PP -07-007- PAGE 3 of 4 • 0 By action of the City Council at its regular meeting held on the day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_OL^— COUNCIL MEMBER JOE BORTON VOTED_ i COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ COUNCIL MEMBER KEITH BIRD VOTED I� MAYOR TAMMY de WEERD VOTED (TIE BREAKER) May%%Wr p,? e W rd Attest: 'C"t OF 819AL William G. Berg, Jr., ty erk y Copy served upon Applicant, The PI ,"fill �t, Public Works Department and City Attorney. B 119a�.,i City Clerk Dated: 5" 10' O "1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-065 and PP -07-007- PAGE 4 of 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 4/24/2007 Mayor and City Council Justin Lucas, Associate City Planner 884-5533 f JDAW Ahlquist Pre Annexation/Gardner-Ahlquist q ' Preliminary Plat AZ -06-065 Annexation and Zoning of 22.30 acres from R-1 (Ada County) to C -G (General Retail and Service Commercial) PP -07-007 Preliminary plat approval of 11 commercial lots on 14.3 acres in the proposed C -G zone 1- SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ahlquist Development, LLC, has applied for Annexation and Zoning of 22.30 acres from R-1 (Ada County) to C -G (General Retail and Service Commercial) and Preliminary Plat approval of 11 commercial lots in the proposed C -G zone. The applicant intends to develop a large office and retail center on this site that would include several office buildings and some smaller commercial structures. The subject property is located on the southeast comer of Franklin Road and Eagle Road (SH 55) in Section 16, Township 3 North, Range 1 East. This site is composed of multiple lots within the existing Montvue Park Subdivision (Ada County). The site contains various existing homes and associated outbuildings that will be removed/relocated at the time of development. This properly is within the City of Meridian's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOIVIlVIEMATION Staff recommends approval of AZ -06-065 and PP -07-007, as presented in the staff report for the hearing date of March 15, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement and preliminary plat provisions proposed in Section 10. The Meridian Planning and Zoning Commission heard these items on March 15 2007 At the March 15 2007 Public hearing the Commission voted to recommend approval. a. Summary of Commission Public Hearing: L In favor: Penelope Riley. Ron Mortimer. Tom AhlmdM Matt Bell ii. In opposition: None iii. Commenting: None iv. Written testimony: Matt Bell, St. Luke's RMC v. Staff presenting application: Justin Lucas vi. Other staff cammenting on application• None b. Kev Issues of Discussion by Commission: L – Access to Eagle Road iL Traffic concerns c. Key Commission Changes to Staff Recommendation: L — Modified condition 1.2 .4 regarding the access to Eagle Road to include the statement "Unless approved through a variance by the City Council" iL —Strongly supported the proposed access point to Eagle Road with the following language which was included in the motion "Commission hiv recommends a right in. right -out access on Eagle Road. We feel it's necessary for traffic flow and safety and viabillty of the project. Gardner/Ahlquist — A7-06-065, PP -07-007 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE REARING DATE OF APRIL 24, 2007 d. Outstanding Issue(s) for City Coundl: i. -A variance annlieation has been submitted for City Council review regarding the access point to Eagle Road (see VAR -07-006). ii. --A vacation auohcation been snbm_b+ed for City Cmcll review regarding the nght of -way vacation reanjred by ACED with this project (see VAC -07- 0� iii. Staff has concerns about the excess right of way adjacent to Eagle Road. This area could end nn as A "no mans land" -aRRr_ayad and PP + + a: r,. As + + + u Of ii. In opposifion• None 111. mm_cating- C1LrictV Ricba_rdso (AC1-rnl iv. Written testimony: Matt ReU (St Lt_ke'sl ACRD= v. Staff senting applicatio • Ca1Ph Hood Vi. Other staff co mP„r;np ^application None Kev Issues of Di ncsion by q n�'1• i. Access to the site: 11. LaN&OR'ng and 1;Qhtj�g WoEatale KQ, Hftht of b i ingc, iv. Tragic_ .C. Couch A_etign• i. Approved one night-in/right-out access to Fail Rna.t !ate VpR_07-007) u. Anmoved one right -'n righkQ��ma to Fmnkl;n R.,Aa aouu L .a)Z]7hCant t0 au . r design and co m n d the traffic gQ=1 ddcvices�mediaps. Work chop_ s. etc) at the Franklin Un�e park interaertinn to Airnt•f + iii. Allowed bui_1 "' • "•`•` "" dings to be a ma_rim= of 100 feet tall w;thnnt any mti.s nt Amrovalb iv. $sxauired the applicant to landscape the area ou & of the „tt;,,,atP ,ti.,t,r f wa for Faaale Road by either vacs ng the PQ�P�s ri 1d of wayr entering into a t_ asreement with the tranogg@fiffl a rthnr;ty — v. Required the applicant to muanLd a 1 NAM mdd-c n,,,11; nathwav li^�1 tin an an C aping aloe Eagle Road t is consistent with the Faole Rnad vi.teaunred a rgund-about at the intersection of Lo ,;aP T�;VP �n M�ntvue Park Thive to alleviate uotenttal cut tbrop hg�_traffic_ 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -065 and PP -07-007 as presented in the staff report for the hearing date of April 24, 2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 065 and PP -07-007 as presented during the hearing on April 24, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) GardnCdAhlgWst-AZ-06-065, PP -07-007 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAVF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ - 06 -065 and PP -07-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location Southeast comer of the intersection of Franklin Road and Eagle Road Section 16, T3N, R1E b. Owner: Artiach Properties, LP Touchmark of the Treasure Valley, LLC 2770 E Franklin Road PO Box 1355 Meridian, ID 83642 Meridian, ID 83680 Note: For a complete list of property owners please see the project file c. Applicant: Ahlqusit Development, LLC 1263 West Wickshire Court Eagle, ID 83616 c. Representative: Penelope Riley, Treasure Valley Engineers d. Present Zoning: Rl (Ada County) e. Present Comprehensive Plan Designation: Commercial f. Applicant's Statement/Justification: "The applicant is proposing a mixed use development targeted towards high end users. The proposed uses include shopping, restaurant services, general office, and medical office." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11-5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: February 26h, and March 12d; 2007 (Planning Commission), March 26". and April 9a'. 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: February 161 ` 2007 (Planning Commission), March 23rd. 2007 (City Council) e. Applicant posted notice on site by: March 5s', 2007 (Planning Commission), April 7's. 2007 (City Councill Gardner/Ahlquist— AZ -06-065, PP -07-007 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 6. LAND USE a. Existing Land Use(s): Single family rural residential b. Description of Character of Surrounding Area: This site is surrounded by various uses and zoning designations. Of note, are the St. Luke's Regional Medical Center to the south, and. the RC Willey complex to the north. This area is rapidly transitioning into one of the city's largest and most visible business and retail areas. c. Adjacent Land Use and Zoning 1. North: Franklin Road and RC Willey Building, zoned C -G 2. East: Touchmark Living Center, zoned L-0 3. South. St. Luke's Regional Medical Center. Zoned L -O 4. West: Eagle Road, Offices, and homes, zoned L -O and R-2 (Ada County) d. History of Previous Actions: The subject annexation application originally included a larger area than currently proposed. For various reasons the applicant chose to shrink the annexation area to what is currently proposed. While revising the annexation area the applicant also included the proposed preliminary plat application for the property. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: This property is proposing sewer from mains in Franklin Road Location of water: There are currently water mains in Franklin and E. Louise Drive. Issues or concerns: None. 2. Vegetation: There are some existing trees on the site that may need to be protected or mitigated for. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: The Snyder Lateral courses through the subject site in an east/west direction. 5. Hazards: N/A 6. Proposed Zoning: C -G 7. Size of Property: 22.30 acres f. Landscaping: 1. Width of street buff T(s): Per the Future Land Use Map, both Franklin Road and Eagle Road are designated as `Entryway Corridors" adjacent to this site. As such, the UDC (Table 11-2B-3) requires a 35 -foot wide street buffer adjacent to both roadways. The landscape plan (Sheet Ll) proposes a 35 -foot wide buffer along both Franklin and Eagle Roads, except along Eagle Road where the right of way dips significantly into the site. Landscape buffers along streets should be either placed in a separate common lot or a landscape easement outside of the ultimate right of way line. 2. Percentage of site as open space: The UDC does not require open space or site amenities for commercial developments. 3. Other landscaping standards: Landscaping within the proposed parking lot areas should be constructed in compliance with UDC 11-3B-8. Gardner/Ahlquist — AZ -06-065, PP -07-007 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 g. Proposed and Required Non -Residential Parking: One off-street parking every500 square feet of P � space is required for q gross floor area. Also, one Type A and one Type B parking space required for the loading areas (per UDC 11-3C-8). No buildings are proposed, with the subject application. Staff will monitor the square footage of each building as it is submitted for CZC approval to ensure that adequate parking is provided. h. Summary of Proposed Streets and/or Access: The concept plan submitted by the applicant shows three points of public street access into this development. The first public street access is proposed directly from Eagle Road (SH 55). This access to Eagle Road currently exists as Montvue Drive, which acts as the primary entrance in to the Montvue Park Subdivision. The second proposed public street into the site is proposed from Franklin Road which borders the subject property to the north. The third public street access is the extension of East Louise Drive which currently stubs to the subject property from the east. These access points and other access issues are discussed at length in section 10 of this report. Although City Staff has been in contact with ACHD on this project, as of the print deadline for this report ACRD has not submitted official comments back regarding this application. 7. COMMENTS MEETING On January 12, and February 23, 2007 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial" The Comprehensive Plan defines the Commercial district as: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi -family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The applicant is requesting to rezone this property to C -G, which is consistent with the comprehensive plan designation for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal IE, Objective A, Action 1) When the City established its Area of City .Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.• • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire Department. Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The lands currently.... The lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACIID) and the Idaho Department of Transportation (=). This service will not change. Gardner/Ahlquist — AZ -06.065, PP -07-007 PAGE 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 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. • Plan for a variety of commercial and retail opportunities within the Impact Area. (Chapter VII, Goal I, Objective B) Stafffinds that the site is designated Commercial on the Comprehensive Plan Future Land Use Map. Staff believes that over time, a variety of office and commercial opportunities will be provided on this site. • Encourage appropriate land uses along transportation corridors. (Chapter VII, Goal I, Objective D) Staff believes that the proposed development is appropriate along the adjoining transportation corridor (SH55). This development project will be highly visible and help to define the entrance to the city. Access the SH55 is discussed in greater detail below. Ensure the ease of mobility of people and goods by implementing access control measures on major transportation corridors. (Chapter VII, Goal III, Objective A. Action 1) As currently proposed the existing access point to SH55 remains as part of this development. Staff is concerned that this access point does not conform to the UDC and may cause increase traffnc issues in this area. Staff support of thisproject is based on the removal of this access point to the SH55. Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct 35 foot wide street buffers along the adjacent arterial streets (Franklin Road and Eagle Road). By Ordinance, a minimum 35 foot wide landscape buffer along entryway corridors is required. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-213-2 lists the permitted, accessory, and conditional uses in the C -G zoning district. Retail stores, offices uses, and service -based industries are either principally or conditionally permitted uses within the C -G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ Application: Please see Exhibit C for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (prepared on January 12, 2007, by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Gardner/Ahlquist — AZ -06-065, PP -07-007 PAGE 6 CJ 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 Concept Plan: The applicant submitted a conceptual site plan that has various elements. To begin, the concept plan proposes approximately 212,000 square feet of office space, which is distributed among four large office buildings. The largest office building is proposed at five stories and 100,000 square feet. The concept plan also shows approximately 18,000 square feet of retail space spilt between three separate buildings. Along with this retail space the applicant anticipates to locate a 30,000 square foot hotel on this site. Staff is very supportive of the focus on office space over retail at this location. The proximity to St. Luke's Regional Medical Center makes this an ideal area for medical office buildings and other professional users. Staff is also supportive of the retail element of the proposal which will help to support the high daytime population that will be present with the amount of office space proposed. Also included in the concept plan is a redesigned street network in on the subject property. This proposed street network eliminates much of the existing loop road, Montvue Drive, and creates a more direct east -west and north -south circulation pattern through the site. This new circulation pattern and intensification of use in this area raises some important access issues. These access issues are of such importance that staff does not fully support the conceptual street system as shown on the concept plan. Further discussion, of these access issues is found in the preliminary plat analysis below. Design: This site is located in a very visible section of the city and has the potential to become one of the city's most recognizable features. The importance of this location makes quality design essential. The applicant has submitted conceptual elevations for both the office and retail Portions of this development. Staff has reviewed these conceptual elevations and believes they are high quality buildings. To ensure a mininruni design standard, and as required for development along entry way corridors, all buildings in the development should be subject to administrative design review as defined in UDC 11-3A-19. Staff also believes a minimum of 11 buildings should be required on this site to ensure that a variety office and retail space is provided. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11 -5B -1A). To ensure that all of the provisions in the development agreement (see below) are complied with, Staff will require the applicant to obtain CZC approval from the Planning Department prior to site development, where all site and landscaping improvements must be installed prior to occupancy. Development Agreement: UDC 11 -5B -3D2 provides the Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the proposed uses and the visibility of this site, staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. if the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of annexing this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezoning ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall include, at minimum, the following: Gardner/Ahlquist— AZ -06-065, PP -07-007 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 • 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 traffiic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses on this property; Permitted and accessory uses within the C -G zone. All conditionally permitted uses in said zone shall be subject to CUP approval. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department for all new construction on the subject property. • The site. shall develop generally consistent with the submitted concept plan and shall include between 200,000-300,000 square feet of office space, 30,000-50,000 square feet of retail space and a 20,000-40,000 square foot hotel. A minimum of 11 buildings shall be required on this site. No single building shall exceed 125,000 square feet. • All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with this application. All buildings shall also be subject to the city's Administrative Design Review. The avnlioant shall be allnweJl Yo Mon,M u + ,nn .__ Ot tall buildings w1tl�nllt AIYP-171A1'tVP nnfnn� av aaal dice or Conditin use nermit_ap>,r val_ • Pedestrian crossing shall be provided in the locations shown on the concept plan and shall be differentiated form other driving surfaces by the use of brick, colored/scored concretes, or pavers or by other means approved by the transportation authority. • Thea WliCant shall ennet UC a round about at hP 'ntpr�rtirrri _of T o- iea Drive �.,d on nr,v-e_ to alleviate notent'al cut thr uah traffic OR provide a.a MLoved alterr]a ' e Ledo for the internal streets �� • The buildings shown on the concept plan directly adjacent to Eagle Road and. Franklin Road shall have architectural elements and enhancements consistent with the submitted elevations on all facades that face Eagle Road and Franklin Road. • Locate a minimum of two buildings abutting the landscape buffer along both Eagle and Franklin Roads as shown on the concept plan. • rove znL Ne ase— &-effi of one ri t-m/ngk out aMm „ int to wale Road• Door ,nate: the design and ConMeti oLt �. a aCCe<sc nn;n+yPi ;,(� and • The mlicant sh 11 Const & a mmm m, of one ri ht in/&-out/left in ss point to Franklin Road. The ant hh= shall be responsible for he fo at avout design and nanstruCtlon Of Llle raYSed 1Sland(CVdr v,f•P,C nPra+ecflraa +.. ...... .� a- ix_ _____ �ankiin ROad�ont��e ---- ------ �a^ Drive access as r WI-Sd bi A=7 • The applicant shall sigMvacate and/or exchange all right of way for Eagle Road that is not necessary for the road, as defined by the transportation authorityOR enter in o a heense aereexnent with the transnorrAton authority to a dscane the surnlus ri t -of -way. • A continuous 35 -foot wide landscape buffer shall be constructed adjacent to Eagle Road and Franklin Road. •33= applicants all he mannnsib ..+ for the gmstnmaim of a 10 -foot wide ulti ngq, pathway (with a public use easement) and thr- M— allat;on of etra-t i h c and 1 ndaran;na along k9w Road (SH Sr+1 that this conc;etent R^ h he Eagle Road Corridor SWd • Pnor to the issuance of a building permit, the subject property shall be subdivided, as proposed. Gardner/Ahlquist- AZ -06-065, PP -07-007 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. 2. Preliminary Plat Application: After compliance with the conditions listed in Exhibit `B,, Staff believes that the proposed preliminary plat will substantially comply with the Unified Development Code. Special Considerations: Access: Access to this property and connectivity in this area of the city is an issue of extreme importance for this project, especially when the size and visibility of this proposal is considered. There are only two points of public access that exist into this site. The first is Montvue Drive, which is a public street connecting to North Eagle Road (SH 55) that serves the existing residential subdivision. The second is an existing stub street, East Louise Drive, that is extended to the property from the Touch Mark Living Center to the east. As part of this project the applicant is proposing a third point of public access be added from Franklin Road. The applicant also proposes to tie into the existing access point to St. Luke's Drive in southeast corner of the property. St. Luke's Drive is a private street owned and maintained by the Hospital, as such St. Luke's controls access to this street. After reviewing the proposed circulation system for this project staff has identified two main issues that are described in detail below. • Access to Eagle Road (SH 55): Although there is an existing access point to SH 55 (Montvue Drive) that serves this property, UDC 11-3H-4 clearly states that 'Use of existing approaches shall be allowed to continue provided that all of the following conditions are met: a. The existing use is lawful and properly permitted effective September 15, 2005. b. The nature of the use does not change (for example a residential use to a commercial use). c. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space). Staff believes that both the nature and intensity of the use on this site (residential use to a commercial use) are changing significantly. Furthermore the proposed access point to SH 55 is not located on or near the section line road or the half mile point. Due to the access control measures for state highways defined in the UDC staff does not support the applicant's proposal to preserve the existing access point to SH 55 that serves this property. All access to SH 55 should be abandoned with this application. (Note: Staff has discussed this issue at length with the applicant and anticipates that the applicant will submit a variance application to be considered by the City Council to request that the access to SH 55 be allowed.) • Franklin Road Access: Due to the proximity of this site to the Franklin/Eagle intersection both the Police and Fire Departments have expressed safety concerns over allowing a full access point in to this property from Franklin Road. The police and Fire Departments are requiring that the proposed Franklin Road access be limited to right in, right out only to mitigate any safety issues in this area. Public Street Realignment/Vacation: As part of this development the applicant is proposing to realign a large portion of the existing Montvue Park Drive public street and create the street system that is proposed on the preliminary plat, In addition to the access issues described above that need to be resolved, the applicant should also be required to vacate any portion of the public right of way that will not be used for the new street system. Gardner/Ahlquist — AZ -06-065, PP -07-007 PAGE 0 • CITY OF MERIDIAN PLANNING DEPARTMEN.I. STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 It is staff's understanding that the applicant intends to perform a right of way swap with the necessary transportation authorities to facilitate the realignment of the Montvue Park Drive street system. Staff is generally supportive of this swap, but is specifically concerned with what properties are being exchanged/vacated and the western boundary of Lots 3 and 4, Block 1 that currently abuts public right of way and that is used for the existing access point and frontage road that serves the homes with in the Montvue Park Subdivision Due to the design Of the existing frontage road, this right of way extends approximately 170 feet from the centerline of Eagle Road (SH 55) which is not consistent with the 70 feet from centerline that is established along the rest of this portion of Eagle Road (there is approximately 100 feet of surplus right of way). According to the submitted preliminary plat it appears that the applicant plans to vacate approximately 60 feet of this right of way, leaving approximately 110 feet of right of way from the centerline of Eagle Road. This remainder right of way is 40 feet greater than the 70 feet from centerline that is necessary for Eagle Road. Staff is concerned that this extra 40 feet of right of way will function as a "no mans land" that will remain with out landscaping and uncured for. To avoid this unwanted situation, staff believes that the applicant should vacate all portions of the public right of way along the western boundary of this subdivision that are beyond the required/uitimate right of way, as defined by the transportation authority. NOTE: City Staff has contacted ACRD and ITD staff several times regarding the street system for this project. rM has provided comments, but ACHD has not provided a final staff report regarding this project. Once the comments from ACHD are received, they will be added to the staff report conditions in Exhibit B. The applicant should comply with all ACB D and YTD conditions or requirements. Landscaping: Staff is generally supportive of the proposed landscape plan prepared by Edwards Landscape Architecture, labeled Sheet Ll, dated 1/15/06, with the following revisions: UDC 11-2B requires a 35 -foot wide street buffer along entryway corridors. Both Franklin and Eagle Roads are entry way corridors abutting this site. On the submitted landscape plan, the applicant is proposing to construct a 35 -foot wide street buffer along both Eagle and Franklin Roads except adjacent to Lots 3 and 4, Block 1 which border the unique right of way area described in the section above. Staff believes that the applicant should be required to provide the required street buffer along the entire western boundary including adjacent to Lots 3 and 4, Block 1 to ensure that a consistent street landscape buffer is provided in this area. The applicant should be required to depict the required street buffers on the face of the final plat in an easement or place the required buffers in common lots (UDC, 11-3B). All required landscape buffers shall be exclusive of the ultimate public right-of-way and conform to the design and construction requirements of UDC 11-3B-7. Chapter 2 of the UDC requires a 10 -foot wide landscape buffer along both sides of the Proposed East Louise Drive and North Montvue Park Drive, which are local commercial Weets. The applicant should be required to depict the required local street buffers on the face of the final plat in an easement or place the required buffers in common lots (UDC 11-3B). All required landscape buffers shall be exclusive of impervious surfaces and conform to the requirements of UDC 11-3B-7. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the inial plat application(s). Gardner/Ahlquist—AZ-06-065, PP -07-007 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING} DATE OF APRIL. 24, 2007 Landscape Buffer Between Uses: Usually a landscape buffer would be required between the Proposed commercial uses and the residential uses to the south. Staff does not believe this buffer is necessary in this instance because the land to the south is designated commercial on the Comprehensive Plan Future Land Use Map. It is also staffs understanding that the applicant is in the process of taking ownership of the remaining residential areas to the south, and plans to convert these properties to commercial development; similar to the whit is currently proposed. Ditches, Laterals, and Canals: The Snyder Lateral traverses through this property. per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Pressure Irrigation: The City of Meridian requires that pressurized irrigation system be supplied by a year-round source of water (UDC 11-3A-15). 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 used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Code. Fencing: The applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A-7). 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. See Exhibit B below. Refuse/Service Area Screen: The submitted, landscape plan and preliminary plat do not depict where the reftrsetsemce areas will be. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and Public streets. All future CZC applications should clearly demonstrate how this standard is met. Staff Recommendation: Based on the above analysis, staff finds the Preliminary plat application generally conforms to the Comprehensive Plan policies and UDC standards. Staff recommends approval of AZ -06-065 and PP -07-007 with the Conditions listed in Exhibit B of the Staff Report for March 15, 2007 and subject to the development agreement provisions listed in Section 10. The Meridian Planning and Zoning Commission heard these items(s) on March 15. 2007. At the March 15 2007 public Commission votedmi hearing the Comto _recommend approval. On An,�ril 24 2007 the Meridian City Co>•n h Com flied annhcatlons. Gardner/Ahlquist - AZ -06-065, PP -07-007 PAGE I l 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 11. EXHIBITS A Drawings 1. Preliminary Plat (dated January 31, 2007) 2. Landscape Plan (dated April 5, 2006) 3. Conceptual Site Plan 4. Conceptual Office Elevation 5. Conceptual Retail Elevation B. Agency Comments and Conditions 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Ada County Highway District (€ei#hwe� 7. Idaho Transportation Department C. Legal Description D. Required Findings from Unified Development Code Gardner/Ahlquist— AZ -06-065, PP -07-007 PAGE 12 • CIN OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TM HEARING DATE OF APRIL 24, 2007 A. Drawings 1. Preliminary plat (Dated 1-3I -0'n �s Exhibit A � I Op.o CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 4. Conceptual Office Elevations Exhibit A a TV- �kl { l a ff kV,„ 0 . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF APRIL 24, 2007 B. Agency Comments and Conditions 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on February 6, 2007, by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement with the City. See section 10 above for analysis and provisions that shall be included in the Development Agreement for this site. 1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2.1 All comments and provisions of the accompanying Annexation and Zoning application (AZ -06- 065) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP -07-007). 1.2.2 The landscape plan prepared by Edwards Landscape Architecture, labeled Sheet Ll, dated 1/15/06, is approved with the following revisions: • Construct a 35 -foot wide street buffer along the entire frontage of Franklin and Eagle Roads. All required landscape buffers shall be exclusive of the ultimate public right- of-way and conform to the design and construction requirements of UDC 11-3B-7. • Construct a 10 -foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Park Drive. All required landscape buffers shall be .exclusive of impervious surfaces and conform to the design and construction requirements of UDC 11-3B-7. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. The landscape plan is not to be altered without approval of the Planning and Zoning Department. No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 Graphically depict on the face of the final plat a 35 -foot wide landscape buffer along Franklin and Eagle Roads. Graphically depict on the face of the plat a 10 -foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Park Drive. Said buffers shall either be an easement or within separate common lots. Exhibit B 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE MARINO DATE OF APRIL 24, 2007 1.2.6 The aM kart s)lall = tn1Ctd about at the tttersectinn of T n,�; m nrive and UpaMM pa Drin a DO CII I Ctlt ro �a traffic Oylde a CItV anDrOV 1 eM-&ye d for the internal at Aqw 1.2.7 The annlicant sball construct a 10 -foot wide mWr; use Pathway (with a Public in Pa�P..,P._b flr� is and lar caning lona bale Road (CH SSl thAt s c nsistent with th ,gal y Road Corridor tudy. 1.2.8 Prior to signature of the final plat by the city engineer the applicant shall vacate all portions of the internal public streets and any public utility or drainage easements that do not coincide with the proposed preliminary plat. 1.2.9 Prior to signature of the final plat by the city engineer the applicant shall vacate all portions of the public right of way along the western boundary of this subdivision that are beyond the required ultimate right of way necessary for Eagle Road, as defined by the transportation authority a enter into a license agreement with the +Msnorra++on authority to land caPP the g=h 1.2.10 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.2.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered 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 prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.2.9 Prior to the issuance of a building permit, the subject property shall be subdivided, as proposed. 1.3 GENERAL REQUIREMENTS—PRELIM WARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 1 I -3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 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 I 1-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. 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. 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be Exhibit B • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF APRIL 24, 2007 installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staff s failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-613-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Franklin Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Franklin Road and E. Louise Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Due to the possible fire flow requirements, mains shall be upsized to a minimum of 10 -inch from the connection in Franklin to the connection in Louise Drive, with an upsized stub to one of the stubs to the south that would eventually connect to the 12 -inch main to the south of this subdivision in St. Luke's Street. 2.4 This property is on a pressure zone boundary, therefore a Pressure Reducing Valve/Vault shall be installed at the applicants expense in a location to be coordinated with the Public Works Department. 2.5 With the final plat submittal the construction plans shall show to every lot either a service installed or main fronting it. 2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.8 A pressurized irrigation system using existing surface water shall be required per City Code. 2.9 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be Exlubit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 submitted prior to scheduling of a pre -construction meeting. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface 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. 2.11 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements, 2.13 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. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or he within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/dramage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.16 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy 2.17 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. 2.18 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. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 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. 2.23 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. 2.24 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public Exhibit B 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 residential streets. Two -hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdividees expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined ager power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building 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 %s" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be place on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 101. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved tum around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved tum around. Phasing of the project may require a temporary approved tum around on streets greater than 150'm length with no outlet. 3.5 Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 For all Fire Lanes provide signage "No Parking Fire Lane". 3.7 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.8 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are require before combustible construction is brought on site. 3.9 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. 3.10 The various office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department Exhibit 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 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. 3.11 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.12 The Fire Dept, has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes 3.14 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). 3.15 There shall be a fire hydrant within 100' of all fire department connections. 3.16 Buildings over 30' in height are required to have access roads in accordance with The Internalianal Fire Code Appendix D Section D105. 3.17 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.18 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.19 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.20 Due to public safety concems the Fire Department recommends a right in, right out only access to Franklin Road. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.2 Due to public safety concerns the Police Department recommends a right in, right out only access to Franklin Road 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance ([IDC 11-3B-10) will be followed. 6. ADA COUNTY HIGH.wAY DISTRICT 6.1 All of the identified roadway and transportation mitigation proposals in the submitted Traffic Impact Study are either not in any public agency plans to construct (ACHD & IM) or proposed by the applicant to be constructed. 'Therefore, the impacts of this development cannot be adequately mitigated and surrounding intersections will not operate at an acceptable level of service. 6.2 Comply with requirements of TTD and City of Meridian for the Eagle Road frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs fust. Contact the District III Traffic Engineer at 334-8340. 6.3 Dedicate 60 -feet of right-of-way from the centerline Franklin Road abutting the site. 6.4 Construct the internal streets as a 40 -foot street section with two 20 -foot travel lanes, vertical curb, gutter, and 5 -foot concrete sidewalks within 54 -feet of right-of-way, as proposed 6.5 Construct one temporary turnaround on lot 2, as proposed. 6.6 Submit a vacation application for the existing right-of-way on N. Montvue Drive to be vacated or exchanged If the vacation/exchange is not approved by the District through the separate process, the applicant will be required to improve the existing roadways to current public street standards. 6.7 Construct one roadway (E. Louise Drive) to intersect Eagle Road located approximately 200 -feet north of the south property line (measured property line to centerline). 6.8 Construct one roadway to intersect Franklin Road located approximately 360 -feet west of the east property line (measured property line to centerline). Design and install a median to construct on Franklin Road that will restrict this roadway to left-in/right-in/right-out only. 6.9 Other than the access specifically approved with this application, direct lot access is prohibited to Eagle Road and Franklin Road and shall be noted on the final plat. 6.10 Comply with all Standard Conditions of Approval. Exhibit B 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 7. IDAHO TRANSPORTATION DEPARTMENT (PER A LETER RECEIVED JANUARY 22, 2007) Deaf Zoaing Adwinjontor, ; I.T.D.s commmis dated j=Wy 6, 2007 prompted a meeting with the developer and their engineers. At the meeting that was held as 7atmary 10the main dispmd 'wen to leave the Mouhnw Drive ao� in place to mon as a right to right out aooess The T.LS. showed how the aeoeas Wald help reduce the daisy at the St Lukas signal. LTD. is a8�ble lwviug the access and have the dwdopw Jw=ese the exieag 20 emb radius to a minimum of 30 � than the ctUb radius we have no oomment an this application.. Any work done on the State Right of ay will require a paMAL Permit applications are available from tbis office or the maintenance office in . please have the applicant contact Matt Ward at 8150 Chinden Blvd $3714 is Boise or cell (20$) 3 , 8341 to obtain a rennit annlicetton- If you have any questions please oall �auy Sttoagh at 334-8924 Exhibit B 0 r CITY OF MERIDIAN PLANN'NG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APREL 24, 2007 C. Legal Description f -c �BAGI�Y� cwz AAM SM ucT URAL EN6DwwNC EXHIBIT A Annexation Description Rev. C For Ahlquist Development Job No. 06320 February 6, 2007 A portion of the NW114 of Section 16, T3N, RIE, B.M., Ada County, Idaho, as follows: BEGINNING at found Brass Cap monument marking the Northwest Comer of said Section 16, as shown on Comer Perpetuation Record, Inst, No. 99007475, Ada County Records; thence along the North Una of said Section 16, South B9°20'11" East, 1015.45 feet, to a point on the East Lina of Montvue Park Subdivision, extended north to sold Section Line, as per the plat thereof, in Book 17, at Page 1107-1108, Ada County Plat Records also being a point on the West Line of Touchmark Living Center Subdivision No. 1, In Book 89, at Page 10313.10316. Ada County Plat Records, also extended north to said Section Line; thence along the boundaries common to both said subdivisions, South 00°11'43" East, 1111.19 feet, to the southeast comer of Lot 1, Block S. of said Montvue Park Subdivision; thence along the South Line of said Lot 1, Block 5 and beyond, North 89°1 WOW West, 207.40 feet, to a point on the Centerline of E. Montvue Drive, as shown on said plat of Montvue Park Subdivision; thence along sold Centerline, North 00°12'19" West, 119.58 feet; thence North 89°30'09" West, 199.73 feet, to a point on the Una common to Lots 1 and 2, block 4 of said plat of Montvue Park Subdivision; thence along said common Una, North 00'12'19" Wast, 16.12 feet; thenar North 89'30'09" West, 200.23 feet, to a point on the Centerline of W. Montvue Drive, as shown on said plat of Montvue Park Subdivision; thence along said Centerline, North 00'12'19" West, 122.02 feet, to a point on the Una common to Lots 9 and 10, in Block 5 of said Montvue Park Subdivision, extended east to said Centerline; thence along said extended Una, North 89'30'24" West, 179.37 feet, to a found 112 Inch rebar marking the comer common to Lots 6, 7, 9 and 10 of Block 5 In said Montvue Park Subdivision; thence along the Una common to said Lots 6 and 7, Block 5, and extending westerly. North 89'30'07" Wast, 226.03 feet, to a point on the West Line of said Section 16, being coincident with the Centerline of S. Eagle Road; thenar along sold West Una, North 00°22'14" West, 855.49 feet, to the POINT OF BEGINNING. Containing 971,520 square feet, or 22.30 acres, more or less, and subject to any easements or rights of way of record or otherwise existing. REVi Yw4 9Y P:WHL.QtR9TDEVMDrAhku®tDml mentMeridlsn�praaing�iSurvryVDtgel,Pyp�106320ANNEXmiCDese.doc Treasure Valley Engineers, Inq 1204 0. Street North Nampa, Idaho 83687 Exhibit C Office: (208) 463-0305 Fac: (208) 463-4391 —W-TreasureValleyEngineers.com 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 EXHIBIT B vZ SAP 8 9 STA. 63+090 e8T47S _ E FRANKLIN ROAD SB9'20'11'E _2709.28• 17 18 1015.45` 1 r T 16/9880' j 1 FFID.Lum CAP CW O 1 1 I �"!--�' �w51CN ►10� 1 P--." ��4�`.• ®(D 1 I I 1 OD FA �N 16930'07'W N8970'2e I 1 r•• �i228.03� i t79.3i—.._.._.. �....._.._..J i �'•�T �m I ® ® N_89'33WGB'W I N99'30'09"Nt 1 1 1 I 200.23 I rA i j i j ill NDO'12 WV9 f 199.73 / i 16.12 j 1 _.I .._.._..T.._,._..�1 L. J iv40 aet�4ocw 1 I I I-.r_.._.-_.._..._..�..y..• ® IW po mw,, PT ad. 6Kat0T I I I gL,O I I NI �.�._.._.._..L. I N697041"W 1011.72' 1 II WO LEON I ILin I palm I GRAM I OOAWa 00 I 1 I ANNEXATION AREA 2230 ACRES* 971.520 SQ. FTA PROJECT: OWNER OWO ANNEXATION MAP LQUW DEVELOPMENT Tam vAUEr eas evc tzveev,snrgrva�Ttr 2057-06 NW1/4, SEC. 16, REY C ~AQW08Uw PROJECT# TZIN, R1E, B.M. CITY OF F,Xi�_ + 05320 MERIDIAN, ADA CO., IDAHO A •2/6/07 vsTr '� S HE0 1 Exhibit C 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FE13RUARY 2, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C -G. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; If the applicant complies with the conditions outlined in the development agreement, the Council finds that the proposed commercial district will be in compliance with the specific district regulations. The Council finds that future development of this properly should comply with the established regulations and purpose statement of the C -G zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fords that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E) The C -G zoning amendment will provide commercial area that is similar in nature to existing and proposed commercial/office development in the vicinity. The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, The Council finds that Annexation and Zoning of this property to C -G would be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. E)dait D • Ll CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development, Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) S. The development will not be detrimental to the public health, safety or general welfare; and The City 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's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic or historic features on this site. The Commission and Council find that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that 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. Exhibit D CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Annexation and Zoning of 6.67 acres from R-1 (Ada County) to C -G (General Retail and Service Commercial) AND Preliminary Plat approval of 5 commercial lots in the proposed C -G zone AND construction of a private street, for Gardner -Ahlquist Gateway South, by Ahlquist Development, LLC Case No(s). AZ -07-010, PP -07-012 and PS -07-005 For the City Council Hearing Date of: August 14, 2007 (Findings on the August 28, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 14, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 14, 2007 incorporated by reference) 3, Application and Property Facts (see attached Staff Report for the hearing date of August 14, 2007incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 14, 2007 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 -07-010, PP -07-012, AND PS -07-005 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 August 14, 2007 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 April 13, 2007 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 August 14, 2007 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-01.0, PP -07-012, AND PS -07-005 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 August 14, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-010, PP -07=012, AND PS -07-005 By action of the City Council at its regular meeting .held on the �, 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD 2 e day of VOTED__ G�� VOTED VOTED VOTED___G�G,r, VOTED ro.i �y }rc w"X9 .ti q r -rte ATTEST: c 4 WILLIAM G. BERG, JR., �`�!!77li it lltlt'. 1 Copy served upon: v"' Applicant Planning Department Public Works Department City Attorney By: Dated: Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-010, PP -07-012, AND PS -07-005 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 STAFF REPORT Hearing Date: 8/14/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner 884-5533 SUBJECT: Gardner -Ahlquist Gateway South • AZ -07-010 4: `.. cM r,f CMw lrlt-n w Annexation and Zoning of 6.67 acres from R-1 (Ada County) to C -G (General Retail and Service Commercial), by Ahlquist Development, LLC • PP -07-012 Preliminary plat approval of 5 commercial lots on 6.67 acres in the proposed C -G zone PS -07-005 Application for 1 private street within the proposed Gardner -Ahlquist Gateway South development 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Ahlquist Development, LLC, has applied for Annexation and Zoning of 6.67 acres from R1 (Ada County) to C -G (General Retail and Service Commercial) and Preliminary Plat approval of 5 commercial lots and 1 private street lot in the proposed C -G zone, The Applicant intends to develop a large office and retail center on this site that would include several office buildings and some smaller - scale commercial structures. The subject property is located near the southeast corner of Franklin Road and Eagle Road / SH 55 in Section 16, Township 3 North, Range 1 East. This site is composed of multiple lots within the existing Montvue Park Subdivision (Ada County). The site contains various existing homes and associated outbuildings that will be removed / relocated at the time of development. This property is located within the City of Meridian's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION Generally, the Planning Director is the final decision maker on Private Street applications. However, because the City Council is the final decision making body on the Annexation and Preliminary Plat applications, all of the subject applications are being combined into one staff report. The Commission must make a formal recommendation to the Council on the Annexation and Zoning and Preliminary Plat applications, as those are public hearing items. The Commission should also review and make recommendations regarding the private street application, if necessary, as that application is key to the current layout of the proposed development. The subject applications (AZ -07-010, PP -07-012, & PS -07-005) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Preliminary Plat, and Private Street applications. Staff is recommending approval of the proposed Gardner -Ahlquist Gateway South Subdivision subject to the conditions listed in Exhibit B of the Staff Report. Gardner -Ahlquist Gateway South — AZ -07-010, PP -07-012, & PS -07-005 PAGE l CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 The Meridian Planning and Zoning Commission heard this item on July 5. 2007. At the nublic hearing. the Commission voted to recommend approval. a. Summary of Commission Public Hearing: i. In favor: Pamela Hall (Applicant's Reresentative) & Bryan Foote (Applicant's Engineer) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Amanda Hess vi. Other Staff commenting on application: None b. Key Issues of Discussion by Commission: i. That the Council had approved a right -in / right -out / left -in with Gardner -Ahlquist Subdivision (Phase D, on Franklin Road, not in keeping with the Commission's recommendation for a right -in / right -out gWL ii. That The Applicant will be submitting for a development agreement modification to ultimately combine the separate development agreement provisions for Gardner -Ahlquist Gateway and Gardner -Ahlquist Gateway South into one DA document, iii. The existing and pEMsed landscaping along St. Luke's Street; and iv. That Staff did obtain from the Applicant, a recorded agreement which allows the Gardner - Ahlquist properties access to and through the private property located at the southeast comer of the Montvue Park Subdivision (Lot 2. Block 5). c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on August 14.2007. At the public hearing the Council aguoved the subject AZ, PP and PS reaues td, Summary of City Council Public Hearing: i. In &Y -or: Tom Ahlquist (Property Owner) ii. In opposition: Non iii. Commenting• None iv. Written testimony: None V. Staff presenting application' Anna Canning vi. mer staff commenting on application: None h, Key issues of Discussion by Council• L The applicant asked the Council far clarity regarding the10' pathway located wig the 35' landscape buffer along Eagle Rd. Council was ok with the 5' plus 5' concept along Eagle Rd. r. Key Council Changes to Staff/Commission Recommendadon L N= 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ -07- 010 and PP -07-012 (PS -07-005 optional), as presented in the staff report for the hearing date of August 14, 2007, with the following modifications: (add any proposed modifications) Denial After considering. all Staff, Applicant, and public testimony, I move to deny File Numbers AZ -07-010 and PP -07-012 (PS -07-005 optional), as presented during the hearing on August 14, 2007, for the following reasons: (state specific reasons for denial of the annexation and / or preliminary plat Gardner -Ahlquist Gateway South — AZ -07-010, PP -07-012, & PS -07-005 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number AZ -07- 010 and PP -07-012 to the hearing date of (insert continued hearing date here) for the following reason(s): (state specific reason(s) for a continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address / Location: South I southeast of the Franklin Road and Eagle Road intersection Section 16, T3N, RIE b. Owner/ Applicant: Ahlquist Development, LLC 13901 N. Wainwright, Suite B Boise, ID 83713 c. Representative: Pamela Hall, Timberline Surveying, PLLC d. Present Zoning: RI (Ada County) e. Present Comprehensive Plan Designation: Commercial f. Applicant's Statement / Justification: "The applicant is proposing a mixed use development targeting high-end users. The proposed uses include shopping, restaurant services, general office, and medical office." 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11-5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: June 18, 2007, and July 2, 2007 (Planning & Zoning Commission) July 23, 2007, and August 6, 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: June 12, 2007 (Planning & Zoning Commission) July 20, 2007 (City Council) e. Applicant posted notice on site by: June 25, 2007 (Planning & Zoning Commission) August 4. 2007 (City Council) 6. LAND USE a. Existing Land Use(s): Single family rural residential Gardner-Ah)quist Gateway South — AZ -07-010, PP -07-012, & PS -07-005 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 b. Description of Character of Surrounding Area: This site is surrounded by various uses and zoning designations. Of note, are the St. Luke's Regional Medical Center to the south and the RC Willey complex to the north. This area is rapidly transitioning into one of the city's largest and most visible business and retail areas. c. Adjacent Land Use and Zoning 1. North: Gardner -Ahlquist Gateway, Phase I, zoned C -G 2. East: Touchmark Living Center, zoned L -O 3. South: St. Luke's Regional Medical Center, zoned L -O 4. West: Eagle Road, offices and homes, zoned L -O and R2 (Ada County) d. History of Previous Actions: In March of 2007, the Planning & Zoning Commission heard a request for annexation for 22.3 acres and preliminary plat for I 1 commercial lots for the Gardner -Ahlquist Gateway Subdivision. This property is located just north of the subject site. Originally, the applications included both the 22.3 -acre and the 6.7 -acre portion (the subject application) as one development. For various reasons, the Applicant chose to divide the annexation area into two parts. The subject application will complete the Gardner -Ahlquist Gateway development. The Gardner -Ahlquist Gateway Subdivision was granted approval subject to a development agreement. Several items included in said agreement included the allowed number and square footages of buildings and uses for the entire site (both phases). As there are two separate phases of development, two separate development agreements would normally be required; one exclusive to the first phase, Gardner -Ahlquist Gateway Subdivision, with annexation and platting of that site; and one for this phase, Gardner -Ahlquist Gateway South. The Commission should note that the Applicant is in the process of submitting a development agreement modification application to "clean up" the DA for the Gardner -Ahlquist Gateway Subdivision to outline the uses / square-footages exclusive to that phase, and also to incorporate any development agreement requirements included with the Gardner -Ahlquist Gateway South approval, the subject application. Condensing both development agreements into one will benefit the City and Planning Staff, as this will be easier to for Staff to regulate the allowed uses for the entire property by having only one document to refer to. e. Existing Constraints and Opportunities 1. Public Works Location of sewer. This property is proposing sewer from mains in Franklin Road. Location of water: There are currently water mains in Franklin and E. Louise Drive. Issues or concerns: None. 2. Vegetation: There are some existing trees on the site that should be protected or mitigated for. 3. Floodplain: N/A 4. Canals / Ditches / Irrigation: The Snyder Lateral courses through the subject site in an east/west direction. 5, Hazards: N/A 6. Proposed Zoning: C -G Gardner -Ahlquist Gateway South — AZ -07-010, PP -07-012, & PS -07-005 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 7. Size of Property: 6.67 acres f. Landscaping: 1. Width of street buffer(s): Per the Future Land Use Map, Eagle Road is designated as an "Entryway Corridor" adjacent to this site. As such, the UDC (Table 11-2B-3) requires a 35 -foot wide street buffer adjacent to said roadway. The landscape plan (Sheet Ll) proposes a 35 -foot wide buffer along Eagle Road. Landscape buffers along streets should be either placed in a separate common lot or a landscape easement outside of the ultimate right of way line. 2. Percentage of site as open space: The UDC does not require open space or site amenities for commercial developments. 3. Other landscaping standards: Landscaping within the proposed parking lot areas should be constructed in compliance with UDC 11-3B-8. g. Proposed and Required Non -Residential Parking: One off-street parking space is required for every 500 square feet of gross floor area. Also, one Type A and one Type B parking space required for the loading areas (per UDC 11-3C-8). No buildings are proposed with the subject application. Staff will monitor the square footage of each building as it is submitted for CZC approval to ensure that adequate parking is provided. h. Summary of Proposed Streets and/or Access: With the approval for the 22.3 -acre Gardner - Ahlquist Gateway Subdivision, the Applicant was approved for a right -in / right -out access to Eagle Road and a right-in/right-out/left-in access to Franklin Road. Primary access to this development will be through the Gardner -Ahlquist Gateway Subdivision via said accesses. Alternate access will also be available to the subject property via a private driveway at the south property line which connects to an existing street, St. Luke's Street. These access points and other access issues are further discussed in Section 10 of this report. ACHD is supportive of the proposal as long as all Site Specific and General Requirements are met (See Exhibit B-5). 7. COMMENTS MEETING On June 1, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial." The Comprehensive Plan defines the Commercial district as providing "a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi -family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The Applicant is requesting to rezone this property to C -G, which is consistent with the comprehensive plata designation for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Chapter V11, Goal III, Objective A, Action 1 — Require that development projects have planned for the provision of all public services When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed Gardner -Ahlquist Gateway South — AZ -07-010, PP -07-012, & PS -07-005 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 to be annexed in the following manner: > The subject lands currently lie within the jurisdiction of the Meridian Rural Fire Department. 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 Sheri„ ft's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD) and the Idaho Department of Transportation (ITD). This service will not change. P- the subject lands are currently serviced by the Meridian School District #2. This service will not change. 77ie 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. Chapter VII, Goal I, Objective B — Plan for a variety of commercial and retail opportunities within the Impact Area. Staff finds that the site is designated "Commercial" on the Comprehensive Plan Future Land Use Map. Staff believes that over time, a variety of office and commercial opportunities will be provided on this site. Chapter VII, Goal 1, Objective D — Encourage appropriate land uses along transportation corridors Staff believes that the proposed development is appropriate along the adjoining transportation corridor (Eagle Road I SH SS and Franklin Road). This development project will be highly visible and help to define the entrance to the city. Access the SH SS is discussed in greater detail below. • Chapter VII, Goal III, Objective. A, Action 1 — Ensure the ease of mobility of people and goods by implementing access control measures on major transportation corridors With the approval for the 22.3 -acre Gardner -Ahlquist Gateway Subdivision, the Applicant was approved for a right -in / tight -out access to Eagle Road and a right-inlright-out/left-in access to Franklin Road. Staff believes that as long as no new driveways to Eagle Road are proposed, access to this site conforms to the UDC and staff believes the potential for traffic problems onto the aforementioned roads is minimized. Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) By Ordinance, a minimum 33 foot wide landscape buffer along all entryway corridors is required. The Applicant is proposing to construct 35 foot wide street buffers along the adjacent arterial streets (Eagle Road and Franklin Road). 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C -G zoning district. Retail stores, offices uses, and service -based industries are either principally or conditionally permitted uses within the C -G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Gardner -Ahlquist Gateway South — AZ -07-010, PP -07-012, 8c PS -07-005 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION AND ZONING The annexation legal description submitted with the application (prepared on April 13, 2007, by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Concept Plan: The Applicant submitted a conceptual site plan which depicts the entire Gardner - Ahlquist Gateway development. The concept plan proposes between 492,000 — 674,000 square feet of combined office and retail space for the site. Approximately, 327,000 — 466,000 square feet of said space to be located on the Phase I property, and 165,000 — 208,000 square feet on Gardner -Ahlquist Gateway South, or Phase H. The majority of the property will be geared towards office uses. Staff is supportive of the focus on office space over retail at this location. The proximity to St. Luke's Regional Medical Center makes this an ideal area for medical office buildings and other professional users. Staff is also supportive of the retail element of the proposal which will help to support the high daytime population that will be present with the amount of office space proposed. Also included in the concept plan is a redesigned public street network in on the subject property which was approved with the Gardner -Ahlquist Gateway Subdivision (Phase I). This proposed street network eliminates much of the existing loop road, Montvue Drive, and creates a more direct east -west and north -south circulation pattern through the site. Further discussion of these access issues can be found in the Preliminary Plat analysis section below. Design: This site is located in a very visible section of the City and has the potential to become one of the City's most recognizable features. The importance of this location makes quality design essential. Elevations specific to this 6.67 -acre "phase," Gardner -Ahlquist Gateway South, were not submitted with the subject application. However, the Applicant submitted conceptual elevations for both office and retail uses within the 22.3 -acre Gardner -Ahlquist Gateway Subdivision. Staff reviewed these conceptual elevations and believed they are high quality buildings. The Council also reviewed and subsequently approved these elevations for that Subdivision. Therefore, Staff recommends that all buildings constructed on the Gardner - Ahlquist Gateway South Subdivision also be tied to the elevations approved for the Gardner - Ahlquist Gateway Subdivision. To ensure a minimum design standard, and as required for development along entryway corridors, all buildings within the Gardner -Ahlquist Gateway Subdivision (Phase I) were deemed subject to administrative design review, as defined in UDC 11-3A-19. Staff believes said requirement should also be extended to Gardner -Ahlquist Gateway South, and has made this requirement a stipulation of the associated development agreement. Staff also believes a minimum of 3 buildings, as depicted on the submitted site plan, should be required on this 6.67 - acre site to ensure that a variety office and retail space is provided. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and / or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and / or the use is established (UDC 11 -5B -IA). To ensure that all of the provisions in the Development Agreement (see below) are complied with, Staff will require that the Applicant obtain CW approval from the Planning Department prior to site development, where all site and landscaping improvements must be installed prior to occupancy. Gardner -Ahlquist Gateway South — AZ -07-010, PP -07-012, & PS -07-005 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 Development Agreement: LDDC 11 -5B -3D2 provides the City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the proposed uses and the visibility of this site, Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. If the Commission or Council feels additional development agreement requirements are necessary, Staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of annexing this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezoning ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 8884433 to initiate this process. The DA. shall include, at minimum, the following: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The Applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses on this property: Permitted and Accessory uses within the C -G zone. All Conditionally Permitted uses in said zone shall be subject to CUP approval. • The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval .from the Planning Department for all new construction on the subject property. • The site shall develop generally consistent with the submitted concept plan and shall include between 165,000 — 208,000 square feet of combined office and retail space (between 492,000 — 674,000 square feet total, including the north phase). A minimum of 3 buildings shall be required on this site (11 total, including the north phase). No single building within the Gardner -Ahlquist Gateway South Subdivision shall exceed 100,000 square feet. • All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with the Gardner -Ahlquist Gateway Subdivision. All buildings shall also be subject to the City's Administrative Design Review. • Any buildings located adjacent to Eagle Road shall have architectural elements and enhancements consistent with the submitted elevations on all facades that face Eagle Road. • Locate a minimum of two buildings (5 buildings total, including the north phase) abutting the landscape buffer along Eagle Road. • No direct access to Gardner -Ahlquist Gateway South shall be allowed from Eagle Road / SH 55. • The Applicant shall obtain a recorded agreement which allows the Gardner - Ahlquist properties access to and through the private property located at the southeast corner of the Montvae Park Subdivision (Lot 2, Block 5). Said document must also reciprocate access to said property to and through the Gardner -Ahlquist Gateway .Subdivisions. • A continuous 35 -foot wide landscape buffer shall be constructed adjacent to Eagle Road. • The Applicant shall be responsible for the construction of a 10'=wide multi -use pathway Gardrler-Ahlquist Gateway South — AZ -07-010, PP -07-012, & PS -07-005 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 (with a public use easement) and the installation of street lights and landscaping. along Eagle Road ! SH 55 that is consistent with the Eagle Road Corridor Study. Prior to the issuance of any building permit, the subject property shall be subdivided, as proposed on the submitted Preliminary Plat. The Applicant shall. complete all required site improvements prior to obtaining Certificates of Occupancy for the proposed development. PRELDMARY PLAT Staff believes that the proposed preliminary plat, prepared by Treasure Valley Engineers and dated April 13, 2007, will substantially comply with the Unified Development Code if all Conditions of Approval are complied with, as listed in Exhibit B. Access: As mentioned above, no new access points are proposed to this phase to / from Eagle Road. The primary entrances into this site will be from the north, via streets and drive aisles constructed with Gardner -Ahlquist Gateway Subdivision (Phase 1). ACRD Staff is generally supportive of these accesses, as proposed. The Applicant is also proposing to tie into an existing driveway access via a private street which is to be located at the southeast comer of the property. The driveway access, located on private property (Lot 2, Block 5, Montvue Park Subdivision) and not considered a street, connects with the existing St. Luke's Street for the St. Luke's Regional Medical Center. St. Luke's Street is a private street, owned and maintained by the hospital; as such, St. Luke's controls access to this street. Thus, the Applicant must receive an access ingress / egress easement. from the hospital to utilize St. Luke's Street. A document, in fact, has been recorded which allows the Montvue Park properties to utilize St. Luke's Street. However, the Applicant must also be provided unrestricted access over the private property located at the southeast corner of the Montvue Park Subdivision (Lot 2, Block 5) in order to gain access to St. Luke's Street. Therefore, as Staff is unaware of a recorded document with allows such, an ingress / egress easement must be obtained by the Gardner -Ahlquist Gateway development and, subsequently, recorded with the County Recorder. Said document must also reciprocate access to said private property to and through the Gardner -Ahlquist Gateway developments. Prior to signature of the final plat, the Applicant should also provide documentation of a binding contract that establishes who is responsible for the repair and maintenance of the private street located on Gardner -Ahlquist Gateway South (UDC 11 -3F -3B4). The private street lot shall be depicted on the face of the final plat (UDC 11 -3F -3B3). Design and construction of the private street shall comply with UDC 11-3F4. The Applicant should also note that gates are prohibited on private streets (UDC 11 -3F -4A4). No on -street parking should be allowed on the proposed private street. The private street should be signed as "No Parking" as per the Meridian Fire Department's comments. Please see Exhibit D for the required findings for a private street. Public Street Realignment / Vacation; As part of the approval for the 22.3 -acre Gardner - Ahlquist Gateway Subdivision, the Applicant was required to vacate the existing Montvue Park Subdivision public street system and create the street system that was proposed on the preliminary plat for with the Gardner -Ahlquist Gateway Subdivision. The Applicant completed the vacation process with the City in April of this year. ACRD is supportive of the proposal as long as all Site Specific and General Requirements are met. (See Exhibit B-5) Landscaping: Staff is supportive of the proposed landscape plan prepared by Edwards Landscape Architecture, labeled Sheet Ll, dated 5/16/2007, as submitted. Gardner -Ahlquist Gateway South — AZ -07-010, PP -07-012, & PS -07-005 I__ PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 Ditches, Laterals, and Canals: The Snyder Lateral traverses through this property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Pressure Irrigation: 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 utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single - point connection is used, the developer 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 City Code. Fencing: The Applicant isnot showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon Application of the final plat (UDC 11-3A-7). If permanent fencing is not to be provided, temporary fencing to contain construction debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. See Exhibit B below. Refuse / Service Areas: The submitted landscape plan and preliminary plat do not depict where the refuse / service areas will be. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. All future CZC applications should clearly demonstrate how this standard is met. b. Staff Recommendation: Based on the above analysis, Staff finds the Preliminary Plat application generally conforms to the Comprehensive Plan policies and UDC standards. Staff recommends approval of AZ -07-010 and PP -07-012 (PS -07-005 optional) subject to the Conditions listed in Exhibit B and the Development Agreement as outlined in Section 10 of the staff report. The Meridian Planning and Zoning Commission heard this item on July 5. 2007. At the public hearing, the Commission voted to recommend approval. The Meridian City Council heard these items on August 14 2007 At the public hearing the Council approved the subject AZ. PP and PS request. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated April 13, 2007) 2. Landscape Plan (dated May 16, 2007) 3. Conceptual Site Plan 4. Conceptual Office Elevation (from Gardner -Ahlquist Gateway Subdivision) 5. Conceptual Retail Elevation (from Gardner -Ahlquist Gateway Subdivision) B. Agency Continents and Conditions 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Ada County Highway District 6. Sanitary Services Company 7. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Gardner -Ahlquist Gateway South — AZ -07-010, PP -07-012. & PS -07-005 ■ PAGE 10 Now CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 A. Drawings 1. Preliminary Plat (dated 4/13/2007) If It ��-Np GC(>F t'1 �Iill�•P��,' �iil �..ws• Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 2. Landscape Plan (dated 5/16/2007) Exhibit A .f CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 4. Conceptual Office Elevations Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 5. Conceptual Retail Elevation Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 B. Agency Comments and Conditions 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on April 13, 2007, by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to annexation ordinance approval, the Applicant shall enter into a Development Agreement with the City. See Section 10 above for analysis and provisions that shall be included in the development agreement for this site. 1.2 SITE SPECIFIC REQUIREMENTS — PRELIMINARY PLAT 1.2.1 All comments and provisions of the accompanying Annexation and Zoning application (AZ -07- 010) and any future development agreement shall also be considered conditions of the Preliminary Plat (.PP -07-012). 1.2.2 The landscape plan prepared by Edwards Landscape Architecture, labeled Sheet Ll, dated 5/16/2007, is approved with the following conditions: Construct a 35 -foot wide street buffer along the entire frontage of Franklin and Eagle Roads. All required landscape buffers shall be exclusive of the ultimate public right-of- way, exclusive of impervious surfaces, and conform to the design and construction requirements of UDC 11-3B-7. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. The landscape plan is not to be altered without approval of the Planning and Zoning Department. No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC 11-3B-14. 1.2.3 Graphically depict on the face of the final plat a 35 -foot wide landscape buffer along Eagle Road. Said buffer shall either be an easement or within a separate common lot. 1.2.4 Direct lot access to Eagle Road / SH 55 is prohibited. 1.2.5 Prior to signature of the final plat by the City Engineer, the Applicant shall vacate all utility and / or drainage easements that do not coincide with the proposed preliminary plat. 1.2.6 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shallbe removed, relocated, prior to signature of the final plat by the City Engineer. 1.2.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 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 prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.2.8 Prior to the issuance of a building permit, the subject property shall be subdivided, as proposed. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 1.3 GENERAL REQUIREMENTS — PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 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 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. 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. 1.3.5 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Franklin Road. The Applicant shall install mains to and through this subdivision; Applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains. is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Franklin Road and E. Louise Drive. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Due to the possible fire flow requirements, mains shall be upsized to a minimum of 10 -inch from the connection in Franklin to the connection in Louise Drive, with an upsized stub to one of the stubs to the south that would eventually connect to the 12 -inch main to the south of this subdivision in St. Luke's Street. 2.4 This property is on a pressure zone boundary, therefore a Pressure Reducing ValveNault shall be Exhibit B 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 installed at the Applicant's expense in a location to be coordinated with the Public Works Department: 2.5 With the final plat submittal, the construction plans shall show to every lot either a service installed or main fronting it. 2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 The Applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.8 A pressurized irrigation system using existing surface water shall be required per City Code. 2.9 The Applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A. "draft copy" of the operations and maintenance manual will be required prior to plan. approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The Applicant should be required to use any existing surface water for the primary source. If a surface 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. 2.11 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signatureon the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The Applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 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. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans. will be reviewed and approved by the City Engineer. 2.15 A letter of credit or cash surety in the amount of 110%o will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, Iandscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.16 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, mieropaths, and landscaping may be bonded for prior to obtaining Certificates of Occupancy. Exbibit B CITY OF MERTDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 2.17 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. 2.18 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. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are Iocated on or near sidewalk, the Applicantshall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 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. 2.23 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. 2.24 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two -hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building 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'/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 For all Fire Lanes provide signage, "No Parking Fire Lane." Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 3.6 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 Commercialand 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. 3.9 The office/commercial lots 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 Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.10 The Applicant shall work with Planning Department Staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.11 The Fire Department has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.12 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14 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. 3.15 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). 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). 3.16 There shall be a fire hydrant within 100 feet of all fire department connections. 3.17 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D, Section D.105. 3.18 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.19 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. Exhibit B I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 3.20 Buildings. or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.21 The project is anticipated to have multi -story buildings and, therefore, will require aerial access per the specifications of the IFC, Section D.105. 44. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 5. ADA COUNTY HIGHWAY DISTRICT 5.1 SITE SPECIFIC CONDITIONS OF APPROVAL 5.1.1 Comply with requirements of TTD and City of Meridian for the Eagle Road frontage. Submit to the District a letter from TTD regarding said requirements prior to, District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact the District III Traffic Engineer at 334-8340. 5.1.2 Dedicate 60 feet of right-of-way from the centerline Franklin Road abutting the site. 5.1.3 Construct the internal streets as a 40 -foot street section with two 20 -foot travel lanes, vertical curb, gutter, and 5 -foot concrete sidewalks within 54 feet of right-of-way, as proposed. 5.1.4 Construct one temporary turnaround on Lot 2, as proposed. 5.1.5 Submit a vacation application for the existing right-of-way on N. Montvue Drive to be vacated or exchanged. If the vacation / exchange is not approved by the District through the separate process, the Applicant will be required to improve the existing roadways to current public street standards 5.1.6 Construct one roadway (E. Louise Drive) to intersect Eagle Road located approximately 200 feet north of the south property line (measured property line to centerline). 5.1.7 Construct one roadway to intersect Franklin Road located approximately 360 feet west of the east property line (measured property line to centerline). Design and install a median to construct on Franklin Road that will restrict this roadway to left -in / right -in / right -out only. 5.1.8 Other than the access specifically approved with this application, direct lot access is prohibited to Eagle Road and Franklin Road, and shall be noted on the final plat. 5.1.9 Comply with all Standard Conditions of Approval. 5.2 STANDARD CONDITIONS OF APPROVAL 5.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 5.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 5.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5.2.4 Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 file number) for details. 5.2.5 Comply with the District's Tree Planter Width Interim Policy. 5.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures, and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5.2.8 The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 5.2.9 Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 5.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 5.2.11 It is the responsibility of the Applicant to verify all existing utilities within the right-of-way. The Applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The Applicant shall be required to call. DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 5.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant or the Applicant's authorized representative, and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 5.2.13 Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver / variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 6. SANITARY SERVICES. DEPARTMENT 6.1 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7 CENTRAL DISTRICT HEALTH DEPARTMENT 7.1 After written approval from appropriate entities is submitted, we can approve this proposal for: central sewage and water. 7.2 The following plans must be submitted to and approved by the Idaho Department. of Environmental Quality: central sewage and water. 7.3 Run-off is not to create a mosquito breeding problem Exhibit B 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 C. Legal Description WAI- CWLAv "XVCnW,"Svc EXHIBIT A Annexation Description Rev. D For Gardner -Ahlquist Gateway Development Job No. 06320 April 13, 2007 A portion of the NW114 of Seaton 16, T3N, ME, B.M., Ada County, Idaho, as follows: BEGINNING at found Brass Cap monument marking the Northwest Comer of said Section 16, as shown on Comer Perpetuation Record, Inst. No. 99007475, Ada County Records; thence along the North Line of said Section 16, South 89°20'11" East, 1015.45 feet, to a point on the East Line of Montvue Park Subdivision, extended north to said Section Line, as per the plat thereof, in Book 17, at Page 1107.1108, Ada County Piot Records also being a point on the West Line of Touchmark Living Center Subdivision No. 1, in Book 89, at Page 10313-10316. Ada County Plat Records, also extended north to said Section Line; thence along the boundaries common to both said subdivisions, South 00111'43" East, 1111.15 feet, to the southeast comer of Lot 1, Block 5. of said Montvue Paris Subdivision, which Is the POINT OF THE BEGINNIN M thence along said common boundary, South 00*11'43" East, 217.94 feet, to the southeast comer of Lot 2, Block 5, of said Montvue Park Subdivision; thence along the South Line of said Montvue Parte Subdivision, North 89`28'41" West, 1011.72 feet to a point on the Centerline of S. Eagle Road, at P.O.C. station 49+76.37, as shown on the plans of Eagle Road, FA.P. Project No. F-3271 (44) and a 5729.58 foot radius curve to the Is% thence, along said curve and Centerline, an aro length of 88.66 feet, through a central angle of 0°40'00", and having a chord which bears North 00"02'14W ast, 68.66 feet to P.T. station 50+43.03; thence continuing along sold Centerline, now coincident with the West Line of said Section 16, North 00°2714" West, 409.55 feet, to station 54+52.99; thence leaving said Centerline of S. Eagle Road along the Line common to said Lots 6 and 7, Block 5 of Montvue Park Subdivision, and extending westerly, South 89°30'07" East, 226.03 feet, to a found M inch rebar marking the comer common to Lots 6, 7, 9 and 10 of Block 5 in said Montvue Park Subdivision thence along the lane common to Lots 9 and 10, Block 5, South 89"30'24" East, 179.37 feet, to a point on the Line common to Lots 9 and 10, in Block 5 of said (tMonMm Park Subdivision, extended east to the CenteAne of W. Montvue Orme; PAAKWUMr DVMiDflt iE RN RWIRvAL MMWALWdgc1# Dovclo¢fmai A11WX m D dcsc RMCdoc dod I of 2 Treasure Volley Engineers, Inc. 1204 6'r'_ Street North R mnpa, Idaho 83697 Exhibit C Offxe: (208) 463-4345 Fax,. (2M 463-4391 --- Ll CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 VAWRQ QN CMLANDSMUL M4L BNGINZ RM thence along said Centerline, South 00°1219" East, 122.02 feet thence leaving said Centerline, South 89030'49" East, 200.23 feet, to a point on the Line common to Lots 1 and 2, Block 4 of said plat of Montvue Park Subdivision; thence along said common Lime, South 00012`19" East, 16.12 feet; thence leaving said common Line, South 89"30'09" East, 199.73 feet, to a point on the Centerline of E, Montvue Drive, as shown on said plat of Montvue Park Subdivision; thence along said Centerline. South 00"12'19" East, 119.58 feet; thence leaving said Centerline, along a line extended from the South Line of said Lot 1, Block 5, South 89"14'00" East, 207.40 feet, to the POINT OF BEGINNING. EXCEPTING Lot 2, Block 5, and the East 40 feet of Lot 3, Block 5. Containing 316,652 square feet, or 7.27 acres, more or less, and subject to any easements or rights of way of record or otherwise eAsting. BY110vaL Y �i1• C� . �tlV�K$ GLVO EPT 14 P:4AHI,QUL4T 118VMOPY4fERII3iAN REGIONAL MEDICALWflgdW a -"J a"t AMN X rev D dere RGRdw street 2 of 2 Treasure Valley Engineers, inc. 12(1.16Th. Street North Nampa, Idaho &•687 Exhibit C (Rice: (208) 463-0305 Fax: 4208) 4634391 %kuw-Trvastwe'Vallot Logirteer.com CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 SEMON CMOX R& BRASS CAP CP&F OW. No.9BQT4n 8 �-_9 sTil 83+oa 47 E. FRAWUN ROAD S@g'20'11'E 2706.25' 17 P 16 r //4 t i /� 1 � � i 1 1 ► � � BMW CAP ® � "'•`I'`...,. _ I PI'S � O J S 8930'07 E 58930'24E- ! 1 I a oo�D FT W& as+t�6o -t.�.. � '..-. _. V. oi226.03'� 17137" Q 1 1 F2U0.23' +. iii SOO'12892E 799.73' POINT OF !#•GINNING 2� 0710 _:MX 589'14 OOZE f t 1� 1 15------ QD NOT A PART I.: mo, MA t„ y/{r ! N89'28'47'w 1011.72• al vi L { by f{ t 1 ANNEXAT*N AREA I 7.27 ACRES± t'=2OO• fKERVAN P'U 4G ! 316.552 SO, Ft.# PRoXcT. U74tNER OPER rRFAS W AUEYSW&*a" W- DWS f ANNEXATION MAP GARDNER—AFtLl'T f2Wft5TRdETWRM 2057-06NWa/4, SEC. 16, GATEWAY DE OPMENT A AXAC83W PmECTf REV D 1p_ F Xr Ds'm r,�N, Rae, S.M. Clrr OF M1=FttD1AN. ADA CO., IDAHO A�4,� ,arrru�v 1 OF t Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full, investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone all of the subject property to C -G. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; If the Applicant complies with the conditions outlined in the development agreement, the Council finds that the proposed commercial district will be in compliance with the specific district regulations. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff and the Commission recommend the Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The C -G zoning amendment will provide commercial area that is similar in nature to existing and proposed commercial/office development in the vicinity. The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the Council finds that Annexation and Zoning of this property to C -G would be in the best interest of the City, if the Applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2046 b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff and the Commission recommend Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff and the Commission are not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACHD considers road safety issues in their analysis. Staff and the Commission recommend that the Council reference any public testimony that may be presented to determine this finding. f. The development preserves significant natural, scenic or historic features. Staff and the Commission are unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature(s) of major importance. Staff and the Commission recommend 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 and the Commission are unaware. Private Street Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings a. The design of the private street meets the requirements of this Article; The design of the streets shall meet the standards as set forth in UDC I 1-3F-4. No gates are allowed. Roadway and storm drainage shall be contained on site. b. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and Staff and the Council do not anticipate any hazard, nuisance, or other detriment from the private street if it is constructed and maintained per UDC standards. Exhibit D a f- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 Exhibit D c. The use and location of the private street shall not conflict with the Comprehensive Plan and/or the regional transportation plan. Comprehensive Plan and / or the regional transportation Staff and the Council finds that the location of the private street does not conflict with the plan Exhibit C — Concept Plan — REQ op 0 'D' • 0 , November 30, 2007 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT ITEM NO. 5-H REQUEST Approve New Beer & Wine License for Fuddruckers by Grantt Grace Meridian, LLC it 3421 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: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. + 30 07 11s27a • For Internal . Office Use Only: • Applicant: Grana Grace Meridian LUG Business Name: Fuddruckers Location. 3421 N ate Rd Meridian ID 8346 License Type: I X ] Beer (X ] Wine (] Liquor Application / File Fee: _Ne Receipt No. 10 w Beer 00 00 & Wine -SI b0 OQ (prorated) Economic Development: Economic Development Approval: Signature Po ice,DeRadm^�,,ent: Date Police Chief Approval: Signature Date Fi�os menta (1 Fire Chief Approval: Signature /21800109 DeaartmenY 41 �: - /f, -.7 Date Planning Director Approval: Signature Date blic Works Department: Public Works Director Approval: Signature Date PLEASE_RETURN--THIS sHEE1- oNt_Y WITH THE APPROPRIATE SIGNATURE. THANK YOU. Scheduled for City Council Approval 12.0407 P. 1 0 0 For Internal - Office Use Only: Applicant: G.rantt Grace Meridian LLC Business Name: Fuddruckers Location: 3421 N. Eagle Rd., Meridian, ID., 83646 License Type: [ X ] Beer [X ] Wine [ ] Liquor Application / File Fee: New Beer $100.00 & Wine $100.00 (Prorated) Receipt No. 10349 Economic Develooment: Economic Development Approval: Signature Date Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: Signature Date Planning Department: If 11 ! Punning Director Approval: A.T(ILLWA 1-,7q/07 Signature V Date Public.Works Department: Public Works Director Approval: Signature Date PLEASE RETURN.THIS-SWEET ONLY_WITH THE -APPROPRIATE SIGNATURE. THANK YOU.)Scheduled for City Council 4prova112-0407 NEW BEER & WINE LICENSE APPLICATION — INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant: Grantt Grace Meridian LLC Business Name: Fuddruckers Location: 342.1 N. Eagle Rd Meridian ID 83646 License Type: [ X ] Beer [X ) Wine [ ] Liquor Application / File Fee: New Beer $100-00 & Wine $100.00 (Prorated) Receipt No. 10349 Economic Development: Economic Development Approval: Signature Date Police.Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: Signature Date Planning Department• Planning Director Approval: signature Public Works Department: Date Public Works Director Approval: Signature Date . THANK YOU. SIGNATURE. �irE IDIAN.t-- IDAHO APPLICATION FOR NEW WINE Mayor Tammy de Weerd City Council Members: �,l Keith Bird Va C -P, T�� I orton hEl'rl n ee �'�/ David - .r� ba C17 -Y of 2 8 2097 ('ITY Cl FRKERIDIAN LICENSE APPLICATION YEAR 2-00 7 `,9coY {1) Application is hereby made for a license as a�GG�i etailer Only Of Wine and fee in the sum of $ 00 6 -!a" enclosed. (Retailer - $ 00.00) Name of Business S Address ZAl e -0. Phone 9/,6 %6/ d7 d'% Type of Business (Insert Corporation, Individual, Partnership, etc.) Name of Applicant �"/Gt/! (9 c� ///�n� ? 41_1— / _7� /4ia�n�rl /�4Lj� C Z6 0 Address _ �.s,,�".,oto Phone 1;`-� / D7�'/ Address of Premises 3`2-/ Al, Jojl� Street Address City County (2) Premises are (check one: Owned Owned or Mortgaged Amount of loan secured by mortgage:$2leased rented Owner of building is eQC e Name and Address Person holding mortgage on premises is Name and Address Fixtures in the premises are of the value of $ v and are (check one): V Owned Held on Conditional Sales Contract Leased or Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner is: Name and Address • If applicant is a Partnership, the names and addresses of the other partners are: Corporate applicant must furnish the following: Date and place of incorporation Name of Manager of Corporation: Manager of Corporation became a resident of Idaho on: 74) Names of all officers and Board of Directors of Corporation: If wholesaler, address where records are kept: Recommendations (6 or more residents of Meridian required): 1. 2. 4. 5. 3. STATEMENT AND OATH OF PERSONAL QUALIFICATI NS OF APPLICANT STATE OF Idaho ADA COUNTY I, , being first duly sworn on my oath and say: That I reside at : that I became a bona fide resident of Wine Ucense Application Page 2 of 4 • 0 Idaho on : that I am connected with the above named applicant as: Owner Partner Manager of Corporation That I now hold United Stages Internal Revenue Retail Liquor or Wine Dealer's Stamp No. or Malt Dealer's Stamp No. (if none, write "none") That the following is a statement of the occasions within the past three years upon which I have been convicted of any violation of the Laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or have within the past three years forfeited or suffered the forfeiture of a bond for my appearance to answer charges of any such violation: (if none, write "none) Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions upon which I have been convicted of any felony within the past five years or have paid any fine or completed any sentence of confinement therefore within the past five years: (if none, write "none") Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions within the past three years when my application for or my license to deal in beer, wine or liquor have been refused, suspended or revoked (if none, write "none") Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation Wine License Application Page 3 of 4 That I am a citizen of the United States: (if naturalized, give number & place) (If wholesaler, cross out the following line) That I am not an official, agent or employee of anv distillerv. winery_ hrPwPry of wholesaler or STATE OF IDAHO ) ) ss: County of ) I HEREBY CERTIFY that on thisAd'ay of beforee undersigned, a Notary Public in the State of Idaho, personally appeared , known to me to be the person who executed the said instrument, and acknowledged to me that he / she 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 aZtiary tten. (SEAL )p�'�~Y•a� Pblic for Idaho ® 0o o: Residing at l ho �0 ��' a 0 ° My CommissioExpires: ,a pO�v aas Baa ��oceoo9` "TATS False staterrigA °°yin this application constitutes a felony and are punishable imprisonment for not more than fourteen (14) years (Title 18, Chapter 54, Idaho Code). y Wine Ucense Application Page 4 of 4 i 0 N O 00 C) Cn CD Q 0 0 0 '4 0 N O 00 — m — v — s.+.. vwwr o vn vn6c vn i nmimorrm yr I MO LIv.#CIMQC —0 � p.. �' cin• 1�� n o CD C cr CO_ � C CLCLO CD �. 0'. CL F ?' zr CD 0o rmpL CD c� tD rQ �7 z Am' y CD CD X CD r CD z gB� � CA 3 CD j}� pall O CD 3 Q � C :'. a O 000 0 I ngttl7.ICIn AiQnnn'U.Icmm!%= a rcnw 7cI►I=''tri cwi o -n CC; .C�p G) CD Z no yr .c'�z D CCD CCD �. n �C66 JiT rnon Cl to o a'i z, ►v r Gi -� m cra- o to rri N' o y 3 z ? CO .m fn a) CD n CD cc) o 0 uiCD ca y CD O 4 O D r m `..CD o a - o -a; (D' .tD- m Cr N N N AA69 O —0 � p.. �' cin• 1�� n o CD C cr CO_ � C CLCLO CD �. 0'. CL F ?' zr CD 0o rmpL CD c� tD rQ �7 z Am' y CD CD X CD r CD z gB� � CA 3 CD j}� pall O CD 3 Q � C :'. a O 000 0 I ngttl7.ICIn AiQnnn'U.Icmm!%= a rcnw 7cI►I=''tri cwi o -n CC; .C�p G) Z no yr .c'�z D G5 �. n �C66 JiT m Cl to z, ►v r Gi - m o to rri N' o y z r r n —0 � p.. �' cin• 1�� n o CD C cr CO_ � C CLCLO CD �. 0'. CL F ?' zr CD 0o rmpL CD c� tD rQ �7 z Am' y CD CD X CD r CD z gB� � CA 3 CD j}� pall O CD 3 Q � C :'. a O 000 0 I ngttl7.ICIn AiQnnn'U.Icmm!%= a rcnw 7cI►I=''tri cwi 1 I z. DUAN. I DESCRIPTION I Ar000NT :� A CITY OF IDAHO •F WOR nrny de Weerd rY COUNCIL MEMBERS th Bird Kph W. BOIton axles M. Rountree gun Wardle CY DEPARTMENTS f Attorney/1-IR Main Street -5506 (City Attorney) 5503 (HR) 884-8723 E. Franklin Road -1234 / fax 895-0390 ks & Recreation Al. Bower Stieet' -3579 / fax 898-5501 fining E. Watertower Lane :e 202 •5533 / fax 888-6844 ce I E. Watertower Lane •6678 / fax 846-7366 tie Works E. Watertower Lane e 200 5500 / fax 895-9551 .iilding Q E. Watertower Lane ute 150 17-2211 / fax 887-1297 'astewater :0.1 N. Ten Mile Road ;8-2191 / fax 884-0744 ater .35 N.W. 8th Street , 8-5242 / fax 884-1159 -D-PlasivED NOV 2 a 2007 APPLICATION FOR NEW BEER LICENOF ,MERIDIAN (;F,�OFF APPLICATION YEAR 4007 O'900i EFtKGel 103q? Application is hereby made for a license as a c.t Retailer or Package Vendor only �dG °al 'r'64'� Of beer and fee in the sum of S +• is enclosed. Name of Business Address3-2_/ J;D_ !'hone/G- 7G/• -O �� / 1, Type of Business , �pomLn (Insert; corporation, Individual, Partnership, etc.) Name of Applicant -� �T/Q ce, Address d :1¢ 4?V5-2c�Phone!?2�� Address of Premises 20 A I. gar le Street Address I City Coun (2) Premises are (check one: Owned Owned or Mortgaged Amount of loan secured by mortgage:sZ. A eased rented Owner of building is , ' / Cr►�- �,. �� me and Address P son.holdin mortgage on premises is ,s a/ , its Boz: ;rv, IVIS-37b-2 and Address Fixtures in the premises are of the value of6� and are ch (check one): Owned Heid on Conditional Sales Contract Leased or Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner is:. Name and Address CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83:;; . (208) 888-4433 CITY CLERK - FAX 888-4218 FINANCE & U71LI1Y BILLING- FAX 8874813 MAYOR'SfQFFICE - FAX 884 8119 Printed on recycled paper 0 • If applicants a Partnership, the names and addresses of the other partners are: Corporate applicant must furnish the following: Date and place of i Registered Office: Name of Manager Manager of Corporation became a resident of Idaho on: Af Og Names of all officers and Board of Directors of Corporation: 171 ^ > 1 --;7 / ,I / 10 If wholesaler, address where records are kept: Recommendations (6 or more residents of Meridian required): 1 2. 3. 4. 5. STATEMENT AND OATH OF PERSONAL QUALIFICATIONS OF APPLICANT STATE OF Idaho ADA COUNTY 1, , being first duly sworn on my oath and say: That I reside at : that I became a bona fide resident of Beer License Appiicadon Page 2 of 4 Idaho on : that I am connected with the above named applicant as: Owner Partner Manager of Corporation That I now hold United States Internal Revenue Retail Liquor or Wine Dealer's Stamp No. or Malt Dealer's Stamp No. (if none, write "none") That the following is a statement of the occasions within the past three years upon which 1 have been convicted of any violation of the Laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or have within the past three years forfeited or suffered the forfeiture of a bond for my appearance to answer charges of any such violation: (if none, write "none) Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions upon which I have been convicted of any felony within the past five years or have paid any fine or completed any sentence of confinement therefore within the past five years: (if none, write "none") Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions within the past three years When my application for or my license to deal in beer, wine or liquor have been refused, suspended or revoked (if none, write "none") Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation Beer License Application Page 3 of 4 That I am a citizen of the United States: (if naturalized, give number & place) (If wholesaler, cross out the following line) That I am not an official, agent or employee of any distillery, winery, brewery, of wholesaler or jobber of liquor or malt beverages. Signature of App STATE OF IDAHO ) ss: County of ) I HEREBY CERTIFY that on thisAday of Ao ,MoD% before the undersigned, a Notary Public in the State of Idaho, personally appeared 14wA%fA.4-,,>22&k , known to me to be the person who executed the said instrument, and acknowledged to me that he / she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and yeg,{Q f is certificate first ab tten. (SEAL)0%'l end6 � Public for Idaho Ilk...� a o Residing at per;,,.__ ,Idaho •e -t�yyo b My Commission Expires: s-. False statements in this application constitutes a felony and are punishable by imprisonment for not more than fourteen (14) years (Title 18, Chapter 54, Idaho Code). Beer Ucense Application Page 4 of 4 m tD y N O 4 O W O 0 0o bCt nr-vcn*= zpIk7C run w4LC un 1 nmraor¢n yr i "#%o f * A m 0 w Cn C0 v Z- _YC O 0 CD V/ V rf > C: c O MOS OA. C �cr 0° s o vs' CD N to (D Lrlr p O t o N CD � cn C m v N y O o z ' -� r 0 r 0 r T z -C z z °`D, °O'c1Dcn ° M v n c n 0 coir o 0� :o.o�Yot 0 f , . Z Cn v Z- _YC 0 > C: �o MOS OA. G) 0° 0X 0. to Wim Lrlr t o � m v N y o z ' r r 0 n� M CD sy ti. ro Z��,�� O 3 �• cr ro �" eJ C m a o A a� 0co CD N or -n G) ro C CL B A Q C A X 0 own C. A CD fli A;. m n �' o O G rmllL 0 rot` CD C O z C) mcc y c� Q CD r _a /C/}D� �y D z CL 3N cD I :s. 0 (m (DD c O 0)• 3 J CD �G N N w Cl 0 O OD o`er na w -wain i-iannnnrn. Qmnn as i anw aaniann aiu i • • . o .s t t i } ' • • Nancy Radford From: Len Grady Sent: Wednesday, November 28, 2007 1:07 PM To: Nancy Radford Subject: FW: Fuddruckers Beer/Wine License Application Attachments: Bruce Freckleton (freckleb@meddiancity.org.).vcf PW is OK with this application_ From: Bruce Freckleton Sent: Wednesday, November. 28, 2007 1:05 PM To: Len Grady Subject: RE: Fuddruckers Beer/Wine License Application Len, 0 Pagel of 2 I don't have a problem with Council moving forward with the approval of the request, however I would respectfully request that the Clerk's Office withhold issuance of the permit until such time as a Certificate of Occupancy is issued by the Building Department. Thanks, Bruce VP A QD Bruce Freckleton Development Services Manager Meridian Public Works Department From: Len Grady Sent: Wednesday, November 28, 2007 12:58 PM To: Bruce Freckleton Subject: FW: Fuddruckers Beer/Wine License Application Is this OK? From: Nancy Radford Sent: Wednesday, November 28, 2007 12:54 PM To: 'Shaun Wardle (E-mail)'; Bob Stowe; Ron Anderson; Anna Canning; Joe Silva; Len Grady Cc: Tara Green; Will .Berg Subject: Fuddruckers Beer/Wine License Application Please review the attached application, sign the Internal Approval Checklist page and fax it back to our office. This is scheduled to be on the 12/4/07 City Council Meeting. 11/2'8/2007 E November 30, 2007 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT ITEM NO. REQUEST Sanitary Sewer Easement Agreement for Black Cat Sewer Trunk by Stetson Properties, LP AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Ke V -P-11 Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Kade Glenn CC: File Date: 11/30/2007 Re: Proposed Agenda Items for 12/4/07 City Council Meeting RECEIVEM NOV 3 0 2007 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 12/4/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Easement for Black Cat Sewer Trunk by Stetson Properties LP. Typical Sanitary Sewer Easement. Recommended Council Action: Approve the Sanitary Sewer Easement for Black Cat Sewer Trunk by Stetson Properties LP and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 8 BOISE IDAHO 120107 01:05 PM DEPUTY Bonnie Oberbiliig RECORDED -REQUEST of III 1111111111111111111111111111111 III 1 Meridian City 107167635 SANITARY SEWER EASEMENT THIS INDENTURE, made this 4 day ofjl:,!�. , 20Q9 between Stetson Properties, LP., and Linder 109, 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 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 Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sewer Main Easement EASMT.SWR MAIN Linder 109 Stetson LP City of Meridian meta any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 109A�" L. J ett. it's Managing Member Stetson Properties, LP., By Eck Properties, LLC, Partner By Tim W. Eck, Member STATE OF IDAHO ) ) ss County of Ada ) On this I b+� day of 20gl, before me, the undersigned, a Notary Public in and for said State, personally appeared James L. Jewett, and Tim W. Eck, known or identified to me to be the Managing Member and or Partner, 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 Sewer Main Easement EASMT.SWRXAIN Linder 109 Stetson LP City of Meridian 00 and year fist above written. (SEAL) �A 1� no 7 #OTA*r ��I�L1G OP i0_0;0 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, ayor J Attest by William G. B6rg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) 100 L&'4� NOTARY PUB IC FOR IDAHO Residing at: Commission Expires: '3a v.ar 2°I 2013 On ths�_day of 1)TZQmbCr , 20aGefore 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. •e�,Gone&&* 1501''9 i (SEAL) #PA `,fix: .••;Ltim'. Sewer Main Easement Linder 109 Stetson LP City of Meridian NOTARY 12UBLC FOR IDAHO Residing at: 0 Commission Expires: J() -J 111 EASM'T.SWR MAIN 00 February 16, 2007 Project No. 05021 Legal Descriptibn Sanitary Sewer' Easements ' SOUTHRIDGE SUBDIVISION 3.42 acres THE LANA GROUP, INC. EXHIBIT "A" I* An easement for the purpose of construction, access and maintenance of sanitary sewer facilities situated in the Northeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found 5/8 -inch steel pin monumenting the Northeast Corner of said Section 23 on the centerline of W. Overland Road, from which a brass cap monumenting the North One Quarter of said Section 23 bears North 89°19'41" West a distance of 2,661.73 feet; Thence following the northerly line of said Section 23 and the centerline of said W. Overland Road, North 89°19'41" West a distance of 25.00 feet to a point; Thence leaving said northerly line and said centerline, South 00°41'26" West a distance of 25.00 feet to a point at the intersection of the southerly twenty-five foot prescriptive easement line of said W. Overland Road and the westerly twenty-five foot prescriptive easement line of S. Linder Road being the POINT OF BEGINNING. Thence following said westerly twenty-five foot prescriptive easement line, South 0041'26" West a distance of 2.30 feet to a point: Thence leaving said westerly prescriptive easement line, North 89°16'48" West a distance of 309.81 feet to a point; Thence South 88°4247" West a distance of 362.72 feet to a point; Thence South 05°57'14" East a distance of 129.06 feet to a point; Thence South 28°36'48" East a distance of 114.83 feet to a point; Thence South 64°00'08" East a distance of 281.61 feet to a point; Thence South 38°02'11" East a distance of 225.06 feet to a point; Thence South 69054'l 3" East a distance of 120.53 feet to a point; Thence South 89° 18'34" East a distance of 92.12 feet to a point on said westerly prescriptive easement line; Thence following said westerly prescriptive easement line, South 00°41'26" West a distance of 30.00 feet to a point; Thence leaving said westerly prescriptive easement line, North 89018'34" West a distance of 97.25 feet to a point; Ar Lmdstnpe A>•W11awr • S11? A(anaiug • 0,41 E�Tile nq • Go/fC mar IrR 6va,' Engineeaq • GmPliit C-1111111 =11611 4621. Shorc Drive, Stc. 100, Eagle, Idaho 83616 • P 2208.939.4041 F 208.939.4445 • ma thed311119cf)" inc crnn 0AC. MEnglc Transfer Filcs\05021\Admin\Legal.,\11_070216 .outhridgc 05021_.,, csmt.doe Page 1 of 3 THE LAND GROUP, INC. Thence North 69°54'13" West a distance of 134.22 feet to a point; Thence North 38°02'11" West a distance of 226.71 feet to a point; Thence North 64000'08" West a distance of 284.27 feet to a point; Thence North 28*36'48" West a distance of 130.41 feet to a point; Thence North 0557' 14" West a distance of 137.99 feet to a point; Thence North 89°19'41" West a distance of 686.64 feet to a point; Thence North 86°52'33" West a distance of 303.84 feet to a point; Thence North 89°19'41" West a distance of 28.64 feet to a point; Thence North 00°38'49" East a distance of 2.00 feet to a point on the southerly prescriptive easement line of said W. Overland Road; Thence following said southerly prescriptive easement line, South 89019'4 1 " East a distance of 1,721.30 feet to the POINT OF BEGINNING. TOGETHER WITH: An easement for the purpose of construction, access and maintenance of sanitary sewer facilities situated in the Northwest One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the North One Quarter of said Section 23 on the centerline of W. Overland Road, from which a found brass cap monumenting the Northwest Corner of said Section 23 bears North 89°14'56" West a distance of 2,652.36 feet; Thence following the northerly line of said Section 23 and the centerline of said W. Overland Road, North 89° 14'56" West a distance of 66.73 feet to a point; Thence leaving said northerly line and said centerline, South 00°45'04" West a distance of 25.00 feet to a point on the southerly prescriptive easement line of said W. Overland Road being the POINT OF BEGINNING. Thence South 87°11'18" West a distance of 192.56 feet to a point; Thence South 77°16'28" West a distance of 270.10 feet to a point; Thence South 62°36'27" West a distance of 245.81 feet to a point; Thence South 47°56'26" West a distance of 245.81 feet to a point; Thence South 33°16'25" West a distance of 246.58 feet to a point; Thence South 21130'35" West a distance of 192.25 feet to a point; Thence South 14°10'42" West a distance of 54.64 feet to a point; Thence South 11 °46'52" West a distance of 396.70 feet to a point; Thence South 2915'19" West a distance of 400.28 feet to a point; Thence South 51 °3943" West a distance of 400.17 feet to a point; Thence South 68°20'57" West a distance of 187.10 feet to a point; 1 L,,djw ie ftnNiedime • Sile Plauldag • Glu/ EagiaeuiI9 • Golf CO'fr I 'goliou P: Engiireerir • Grnphit Cominnuiralion 4621:'.. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 1T. 208.939.4445 • vv�-,v.thclandproupinecom 0:\CAU\Eag1e'1'raiwfer Tilts\05021\Admin\Lel als\ll_070216_southrieigc_05021 %cwnt.doe Page 2 of 5 THE LAND GROUP, INC. Thence South 84°02'52" West a distance of 397.94 feet to a point; Thence North 89°16'08" West a distance of 355.93 feet to a point on the easterly twenty-five foot prescriptive easement line of S. Ten Mile Road; Thence following said easterly twenty-five foot prescriptive easement line, North 00056'16" East a distance of 30.00 feet to a point; Thence leaving said easterly twenty-five foot prescriptive easement line, South 89°16'08" East a distance of 354.07 feet to a point; Thence North 84102'52" East a distance of 392.06 feet to a point; Thence North 68°20'57" East a distance of 178.56 feet to a point; Thence North 51 °39'43" East a distance of 389.83 feet to a point; Thence North 29°15'19" East a distance of 389.72 feet to a point; Thence North 11046'52" East a distance of 392.72 feet to a point; Thence North 14010'42" East a distance of 57.19 feet to a point; Thence North 21030'35" East a distance of 197.26 feet to a point; Thence North 33016'25" East a distance of 253.53 feet to a point; Thence North 47°56'26" East a distance of 253.53 feet to a point; Thence North 62036'27" East a distance of 253.53 feet to a point; Thence North 7701628" East a distance of 200.12 feet to a point on said southerly prescriptive easement line of W. Overland Road; Thence following said southerly prescriptive easement line, South 89014'56" East a distance of 270.98 feet to the POINT OF BEGINNING. The above-described easements contain 3.42 acres, more or less, subject to any existing easements or rights-of-way. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-9394445 (FAX) r I.nna(rurpe/I rrhilulnre •Site Alaaning • Gail Egginerriug • GoffConroe Irrignlion ¢5° FnSiaeemq 0 Ginpiiir Conm»tuirn/ina 4621::. Shorc Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F20&939.4445 • www thchnd rrutnin.c eemt 0:\CAD\Eaglc'1'ransfcr files\05021\Admin\Legal.,\II 070216_wuthridgc_05021_.s csmt.doc Pagc 3 of 3 � o, 0, 1 z -014r>r, Ddd m0cn rcc cn_Qm C) C> C= c�zz .� V Orf• Zm mG vpaN EXHIBIT"B•' -0 c/) 02115/07 0 m m m M -t z C 2 PROJECT N0.05021 r rrn z m y�Z ssr�.y 'n A :W p .� V Orf• N i EXHIBIT"B•' 02115/07 ;tee pneinecrirr9 SANITARY SEWER PROJECT N0.05021 rZ*1 n'mvo�� 1t�F2 t3 �� 9 °' w �r PAgte (208)A.498w! , Pm (BOB) 899 -HIS EASEMENT afNo!" zrn' ED C, coOfNO� m o<ocn(o,o�ioro gm ..t V 07 g aO� to cc V m � N W ? W - N $ rn �T r}i rn' rn rn : v: Sim ro I � c �- S. UNDER ROAD T A w c/) "-1J O I) m rn o m z > moo m •z cn 0 Z O z two oz 'n O --4 rn C> x = z v;� Z Z 0 _ D m D 0 cS oma z -+ o cn cnm v 0 a O z N W ENGINEER/SURVEYOR PROJECT INFORMATION SCALE:9WOV 3t 'TM LAND GIRO M AB EXHIBIT"B•' 02115/07 ;tee pneinecrirr9 SANITARY SEWER PROJECT N0.05021 1t�F2 t3 �� 9 °' w �r PAgte (208)A.498w! , Pm (BOB) 899 -HIS EASEMENT N1146152°E 382,72 Sl t 46'SYW 386.70' .� 0 Z II 0 • ' t Q. In 1 •�t 1 rn 0 0 rnn� n�Z cn�� cvo rz o m O -0 tn. to G on N q n V m ROAD n LJ SUR�{EYOR EN051.0. GtNEEW INC KIM �1 wgtt■PGoth �s • LOQ z v i 1 N�9y�s,'r9,F z 9v- --- - �- T�rOpOIIO" PRO1rr-C' SENNER SANITARY I EASE�E��- �—a-Zoo 0211 r'�07 PROSECT NO. 0502120F2 s GNP__ 0 SANITARY SEWER EASEMENT 0 THIS INDENTURE, made this day of , 20 between Stetson Properties, LP., and Linder 109, 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 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 Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sewer Main Easement EASMT.SWR MAIN Linder 109 Stetson LP City of Meridian 0 0 any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Stetson Properties, LP., By Eck Properties, LLC, Partner By Tim W. Eck, Member STATE OF IDAHO ) ) ss County of Ada ) On this i b t►, day of 20AI, before me, the undersigned, a Notary Public in and for said State, Ifersonally appeared James L. Jewett, and Tim W. Eck, known or identified to me to be the Managing Member and or Partner, 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 Sewer Main Easement EASMT.SWR MAIN Linder 109 Stetson LP City of Meridian a and year fist above written. (SEAL)Xio�e �oo 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 ) a ks=z 4. NOTARY PUB IC FOR IDAHO Residing at: IVlzr;dr�,,, Commission Expires: 2"I Zo 13 On this day of , 20`, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sewer Main Easement EASMT.SWR MAIN Linder 109 Stetson LP City of Meridian February 16, 2007 Project No. 05021 Legal Descriptibn Sanitary Sewer Easembnts SOUTHRIDGE SUBDIVISION 3.42 acres THE LANA GROUP, INC. EXHIBIT "A" • An easement for the purpose of construction, access and maintenance of sanitary sewer facilities situated in the Northeast One Quarter of Section 23, Township 3 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found 5/8 -inch steel pin monumenting the Northeast Corner of said Section 23 on the centerline of W. Overland Road, from which a brass cap monumenting the North One Quarter of said Section 23 bears North 89°19'41" West a distance of 2,661.73 feet; Thence following the northerly line of said Section 23 and the centerline of said W. Overland Road, North 89'19'41 " West a distance of 25.00 feet to a point; Thence leaving said northerly line and said centerline, South 00°41'26" West a distance of 25.00 feet to a point at the intersection of the southerly twenty-five foot prescriptive easement line of said W. Overland Road and the westerly twenty-five foot prescriptive easement line of S. Linder Road being the POINT OF BEGINNING. Thence following said westerly twenty-five foot prescriptive easement line, South 00141'26" West a distance of 2.30 feet to a point: Thence leaving said westerly prescriptive easement line, North 89°16'48" West a distance of 309.81 feet to a point; Thence South 88°4247" West a distance of 362.72 feet to a point; Thence South 05°57'14" East a distance of 129.06 feet to a point; Thence South 28°3648" East a distance of 114.83 feet to a point; Thence South 64°00'08" East a distance of 281.61 feet to a point; Thence South 3802'11" East a distance of 225.06 feet to a point; Thence South 69°54'13" East a distance of 120.53 feet to a point; Thence South 89°18'34" East a distance of 92.12 feet to a point on said westerly prescriptive easement line; Thence following said westerly prescriptive easement line, South 00041126" West a distance of 30.00 feet to a point; Thence leaving said westerly prescriptive easement line, North 89118'34" West a distance of 97.25 feet to a point; r/ Ladrrape AmUfttare • Site Planobig • Col Eigiaeerrng • Gaif Course Inipfive d: Errgineenq • Grrr(a�iit Couinamiraiion 4621_ Shore Drive, Ste. 100, Eagle,16ho 83610 • P 208.939.4041 ]-* 208.939.4445 • %Nnm.thcgajxigr-c)u�inc.c��L 0.\C.\13\E;ng1c"1'ran.FcrFc.\05021\admin\lxga1.\U_070216_K:uthridge_05021_tscsmt.doc ]'age 1 of 3 THE LANA GROUP, INC. Thence North 69°54'13" West a distance of 134.22 feet to a point; Thence North 38°02'11" West a distance of 226.71 feet to a point; Thence North 64°00'08" West a distance of 284.27 feet to a point; Thence North 28°3648" West a distance of 130.41 feet to a point; Thence North 05°57'14" West a distance of 137.99 feet to a point; Thence North 89119'41 " West a distance of 686.64 feet to a point; Thence North 86152'33" West a distance of 303.84 feet to a point; Thence North 89°19'41" West a distance of 28.64 feet to a point; Thence North 00°38'49" East a distance of 2.00 feet to a point on the southerly prescriptive easement line of said W. Overland Road; Thence following said southerly prescriptive easement line, South 89'19,41 " East a distance of 1,721.30 feet to the POINT OF BEGINNING. TOGETHER WITH: An easement for the purpose of construction, access and maintenance of sanitary sewer facilities situated in the Northwest One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the North One Quarter of said Section 23 on the centerline of W. Overland Road, from which a found brass cap monumenting the Northwest Corner of said Section 23 bears North 89014'56" West a distance of 2,652.36 feet; Thence following the northerly line of said Section 23 and the centerline of said W. Overland Road, North 89014'56" West a distance of 66.73 feet to a point; Thence leaving said northerly line and said centerline, South 00°45'04" West a distance of 25.00 feet to a point on the southerly prescriptive easement line of said W. Overland Road being the POINT OF BEGINNING. Thence South 87°11'18" West a distance of 192.56 feet to a point; Thence South 77°16'28" West a distance of 270.10 feet to a point; Thence South 62°3627" West a distance of 245.81 feet to a point; Thence South 47°56'26" West a distance of 245.81 feet to a point; Thence South 33°1625" West a distance of 246.58 feet to a point; Thence South 21 °30'35" West a distance of 192.25 feet to a point; Thence South 14°10'42" West a distance of 54.64 feet to a point; Thence South 11 °46'52" West a distance of 396.70 feet to a point; Thence South 29°15'l 9" West a distance of 400.28 feet to a point; Thence South 51 °39'43" West a distance of 400.17 feet to a point; Thence South 68°20'57" West a distance of 187.10 feet to a point; if ZaInkwpe Arbi/edirre • Site Planning • Crnif ErgineMq • Goff Course Irrigation 6 Engineering • Graphic Communication 462 R. Shore Drive, Ste. 100, Erag)e, Tdaho 83616 • P 208.939.4041 F208.939.4445 • .u�tiw.nc�l uid} roupinc.com 0:\CA1')\l::ag1e"1'ran.fer I-iks\05021\AdminVAgds\I070216_soutliMge 05021 <csmt.doc Page 2 of 3 a a THE LAND GROUP, INC. Thence South 84°02'52" West a distance of 397.94 feet to a point; Thence North 89016'08" West a distance of 355.93 feet to a point on the easterly twenty-five foot prescriptive easement line of S. Ten Mile Road; Thence following said easterly twenty-five foot prescriptive easement line, North 00056'16" East a distance of 30.00 feet to a point; Thence leaving said easterly twenty-five foot prescriptive easement line, South 89°16'08" East a distance of 354.07 feet to a point; Thence North 84°02'52" East a distance of 392.06 feet to a point; Thence North 68°20'57" East a distance of 178.56 feet to a point; Thence North 51 °3943" East a distance of 389.83 feet to a point; Thence North 2915'19" East a distance of 389.72 feet to a point; Thence North 11 °46'52" East a distance of 392.72 feet to a point; Thence North 14°10'42" East a distance of 57.19 feet to a point; Thence North 21 °30'35" East a distance of 197.26 feet to a point; Thence North 33°16'25" East a distance of 253.53 feet to a point; Thence North 47°56'26" East a distance of 253.53 feet to a point; Thence North 6213627" East a distance of 253.53 feet to a point; Thence North 77°1628" East a distance of 200.12 feet to a point on said southerly prescriptive easement line of W. Overland Road; Thence following said southerly prescriptive easement line, South 89'14'56" East a distance of 270.98 feet to the POINT OF BEGINNING. The above-described easements contain 3.42 acres, more or less, subject to any existing easements or rights-of-way. 10� � Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 61 0 208-939-4041 y/ 208-939-4445 (FAX) OF tg r Lon& aOrArrbitedme • Site Plannng • Cin d Enginernug • GefCemrse IrrVion & Eugiaeniiq • Gr,*&r Comnivairalion 462 I:.. Shore Drive, Ste.100, Eagle, Idaho 83616 • P208.939.4041 F 208.939.4445 • i i' c cont 0:\CAD\1'iag1e "Transfer Fgcx\05021\;Admin\I.coals\ll_070216_wuthridgc_05021 s umt.doc Pagc 3 of 3 a a zr °f �I Wf wf a m AI 1- I I I z co c I LI O m I Q. I� rn 0 I �N' m Z �� `; 0 .O ®� jl al z Z CA o mm aoo ml M O cn -G w O c�)p� cozy 5z Z --i 0Z An r a c m I a N 'O (Ti 4�� I m mo p0'N I �� o X z A z aFj�) En-Z-irm- u ZZ= > a m m f f O� A O r N Iv I in ri No1+`31� of I� I c sus � S UNDER ROAD ENGINEER/SURVEYOR PROJECT INFORMATION SCALE:1"=200' R 02/15/07 �` ,'� �M D �0�• C EXHIBIT"B" PROJECT NO.05021 �g i� /I �� - /andmeape .hcld[aoeure ;L By SANITARY SEWER ,� O �� p ��-, e A' EASEMENT 0got GT .P WN�OiD r r Oo r VOi r r C7e r .P C �? � �zON W t0 V �I?OD��.p�y,� 00� q OINO� � m m i 0 2 "0 0 z -i D .=—N�4632•e S1 f Sz 7. w 39 6.70 ��_�1 to So.. C-3 oma- you aq c'�rncc zz mom �oc� -o z z y cn CD r --I r-4 \ x A �w 8o 10, � rnC y z o m0 cn v z m �� r rn -< -0 z z c m z m TEN �ROAD 9 .I 0 ""lz 0. 4. O�N � op rn p D C7 OAU z --i �N�,r. 0=Z 0 o z w -n N� m 'm-1 �1 OX=O o� zz2 7 3> Gm m 1. > C/) 0m= Z O T m cNa .p D —ni = O O Z IV W 6) 1 ENGINEERISURVEYOR 1 PROJECT INFORMATION 1 SCALE:1°=200' 1 �►\ /�..�' THE LAND GROUP. INC. =� jr z1w, n �� EXH f B IT B 02/15/07 PROJECT NO. 05021 Pq .—� SANITARY SEWER 20F2 —�►- ==w ,sw-"As �, EASEMENT November 30, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT Mayors Office ITEM NO. 6-A-1 REQUEST Appointment of Meridian Development Corporation 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. 0 0 November 30, 2007 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT ITEM NO. S REQUEST Impact Fee Annual Report by Finance Department AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 0 November 30, 2007 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT ITEM NO. 9 REQUEST Public Hearing -- 3rd Reading of Ordinance Amendmen to the Parks and Recreation Impact Fee Schedule 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: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS Date: Phone: Ll November 30, 2007 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT ITEM NO. 10 REQUEST Ordinance No. 07-1342 — Impact Fee Amendment AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT. CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: V ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shad become properly of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. L. 0-7-1,144 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE 'OF IDAHO, AMENDING TITLE 10, CHAPTER 71 EXHIBIT A, MERIDIAN CITY CODE, KNOWN AS THE MERIDIAN IMPACT FEE ORDINANCE FEE SCHEDULE; TO PROVIDE FOR AN AMENDMENT TO THE PARKS IMPACT FEE SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the authority granted in Section 67-8201, et seq., Idaho Code, the City of Meridian ("the City") may impose Impact Fees to fund expenditures by the City Police Department, the City Fire Department and the City Parks and Recreation Department on Capital Improvements needed to serve new growth and development; and WHEREAS, the City retained BBC Research and Consulting, Galena Consulting and Spink Butler, LLP (collectively, "Consultant") to analyze and assess new growth and development projections for the period 2006 to 2026 in order to determine the demand for police, fire, and parks and recreation Capital Improvements to accommodate new growth and development in the City and the City's area of city impact; and WHEREAS, the City of Meridian Impact Fee Study and Capital Improvements Plan, prepared. by BBC Research and Consulting, dated August 28, 2006 (the "Impact Fee Study"), sets forth a reasonable methodology and analysis for determining and quantifying the impacts of various types of new residential and nonresidential Development on the City's police, fire, and parks and recreation Public Facilities; quantifies the reasonable impact of new growth and development on the System Improvements addressed therein; determines the costs necessary to meet demands created by new growth and development; and determines Impact Fees as set forth in this Chapter that are at a level no greater than necessary to defray the cost of planned Capital Improvements to increase the service capacity of the City's existing police, fire, and parks and recreation Public Facilities. The City hereby establishes as the City standards the assumptions and Level of Service standards referenced in the Impact Fee Study as part of the City's current plans for future expansions to the police, fire, and parks and recreation Public Facilities. WHEREAS, based on reasonable methodologies and analyses for determining the impacts of new growth and development on the City's police, fire, and parks and recreation Public Facilities, including review and reliance on that certain City of Meridian Comprehensive Plan, July 2002 (Resolution 02-382), as amended by Resolution Nos.: 03- 401 and 03-409 (Parks and Recreation System Plan -Action Plan); 04-454; and 06-505 (North Meridian Area) and that certain amendment to the Comprehensive Plan adopted by the City on September 5, 2006 (Resolution No. 06-528) (collectively, the "Comprehensive Plan"), IMPACT FEE ORDINANCE AMENDMENT Page 1 of 5 the Impact Fee Study quantifies the impacts of new growth and development on Public Facilities, and establishes Impact Fees on new growth and development no greater than necessary to defray the cost of Capital Improvements that will increase the service capacity of Public Facilities to serve new growth and development. WHEREAS, in preparing the Impact Fee Study, Consultant reviewed and has relied upon the City's ten (10) year Capital Improvements Plans prepared by Consultant and adopted by the City, and has reviewed and analyzed what elements of new growth and development are or would generate demand for additional police, fire, and parks and recreation Capital Improvements addressed therein; and WHEREAS, all of Capital Improvements planned for and included in the Impact Fee Study, which are to be funded by police, fire, and parks and recreation Impact Fees are directly related to services that the City is authorized to provide, and are services required by the general policies of the City pursuant to resolution, code or ordinance; and WHEREAS, an equitable program for planning and financing Capital Improvements to increase the .service capacity of Public Facilities needed to serve new growth and i development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and general welfare of the citizens of the City and City's area of City impact. Such protection requires that the City's police, fire, and parks and recreation Public Facilities be expanded to accommodate new growth and development within the City, and the City's area of city impact. WHEREAS, the police, fire, and parks and recreation Impact Fees, as revised, to be imposed on new growth and development will be and are hereby legislatively adopted, will be generally applicable to abroad class of property and are intended to defray the projected impacts on such Capital Improvements caused by new growth and development as required by law; and WHEREAS, the Impact Fee Study quantifies the reasonable impacts of new growth and development on existing police, fire, and parks and recreation Capital Improvements, and the reasonable costs of Capital Improvements necessary to increase the service capacity of the City's existing police, fire, and parks and recreation Public Facilities to aceonumodate the additional demands and impacts of new growth and development; and WHEREAS, based upon the Impact Fee Study, the testimony at public hearings and a review of all of the facts and circumstances, in the reasonable judgment of the City Council, the police, fire, and parks and recreation Impact Fees hereby established are at levels no greater than necessary to defray the cost of Capital improvements directly related to the categories of residential and nonresidential land Development listed herein; and WHEREAS, in adopting the police, fire, and parks and recreation Capital Improvements Impact Fees, the City Council intends and has determined that such Impact IMPACT FEE ORDINANCE AMENDMENT Page 2 of 5 Fees are designed to and do address Capital Improvements needs that are brought about by new growth and development, which needs are separate and distinct from the impacts and needs addressed by other requirements of the City's codes and ordinances, and in no is circumstance do the Impact Fees set forth herein address the same subjects as other requirements of the City's codes and ordinances for site specific dedications or improvements; and WHEREAS, the Impact Fees adopted hereby shall be collected and accounted for in accordance with Section 67-8201, et seq., Idaho Code; and WHEREAS, in accordance with the procedural requirements of Title 67, Chapter 65, Idaho Code, the Capital Improvements Plans have been adopted as part of the Comprehensive Plan, and in accordance with the procedural requirements of Title 67, Chapter 82, Idaho Code, the Impact Fee Study and Capital Improvements Plans have been presented to and reviewed by the City Council; and WHEREAS, after due and timely notice, the City Council held a public hearing on September 5, 2006 to discuss, review and hear public comments on the proposed Impact Fees ; and WHEREAS, the City Council adopted Ordinance 06-1255 on September 5, 2006 and set the Police and Fire Impact Fees at the maximum allowable amount under the methodology set forth in the Impact Fee Study; and WHEREAS, in adopting Ordinance 06-1255, the City Council set the Parks Impact Fee at $1,138.00 per dwelling unit, an amount that is $246.00 less than the maximum allowable fee under the methodology set forth in the Impact Fee Study; and WHEREAS, the "maximum allowable fee" is also referred to as the "full cost recovery fee" under the methodology set forth in the Impact Fee Study. If the adopted fee is less than the maximum allowable fee, the impact fee eligible portions of adopted Capital Improvement Plan will not be fully funded unless general fund revenue or other income sources are used to fund the difference between the maximum allowable fee and the adopted fee; and WHEREAS, the Development Impact Fee Advisory Committee met on November 7, 2007 and passed a motion to recommend that the City Council take action to adopt at Parks Impact Fee at the maximum allowable or full cost recovery fee of $1,384.00 per residential unit; and WHEREAS, after due and timely notice, the City Council held a public hearing to discuss, review and hear public comments on the proposed increase in the Parks Impact Fee as recommended by the Development Impact Fee Committee; and IMPACT FEE ORDINANCE AMENDMENT Page 3 of 5 WHEREAS, the Impact Fees adopted by Ordinance 06-1255 and by this proposed amendment are fair and rational, charge new growth and development according to new growth and development's impact on the City's police, fire, and parks and recreation Public Facilities and benefit those who pay Impact Fees in a tangible way. BE IT ORDAINED, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. The foregoing recitals are hereby affirmed and incorporated herein by this t. reference as findings of the City Council and that Exhibit "A" to Title 10, Chapter 7, of the Meridian City Code is amended to read as follows: Police Impact Fee Schedule: Residential Non -Residential Fire Impact Fee Schedule: Residential Non -Residential Parks Impact Fee Schedule: Residential Non -Residential Total Fees: Residential Non -Residential $85.00 per Dwelling Unit $ 0.06 per square foot $377.00 per Dwelling Unit $ 0.25 per square foot x:00 $1.384 per Dwelling Unit $ N/A per square foot $1,600.0 $1,846 per Dwelling Unit $ 0.31 per square foot EXHIBIT A FEE SCHEDULE Except for such Impact Fee as may be calculated, paid and accepted pursuant to an independent Impact Fee calculation study, the amount of each Impact Fee shall be as follows: IMPACT FEE ORDINANCE AMENDMENT Page 4 of 5 On January 1, 2008 and on January 0 of each year thereafter in which an Impact Fee is in effect, the amount of the Impact Fee shall be automatically adjusted to account for inflation increases in the cost of providing police, fire, and parks and recreation Public Facilities to serve- new growth and development utilizing an inflation factor for building material from a 4 reputable source such as McGraw Hill's Engineering News Record. Nothing herein shall prevent the City from electing to maintain a then -existing police, fire, and parks and recreation Impact Fee or from electing to waive the inflation adjustment for any given fiscal year, or years. Any such action to determine an inflation factor shall be by the City Council resolution. " Section 2. That all other provisions of Title 10, Chapter 7 remain unchanged and the existing fees enacted by Ordinance 06-1255 shall continue to be collected until the effective date of this Ordinance. Section 3. This Fee Schedule shall be in effect on the day of ne 51,-k R `` 2008, which shall be no sooner than thirty (30) days after adoption and publication of this Ordinance. ,,PASSED by the City Council of the City of Meridian, Idaho, this day of CQh''' 6,.e� , 2007. d% >APPROVED by the Mayor of the City of Meridian, Idaho, this % day of 9_ce byy .P,. , 2007. APPROVED: IMPACT FEE ORDINANCE AMENDMENT Page 5 of 5 November 16,2W7 MERIDIAN CITY COUNCIL MEETING November 20, 2007 APPLICANT ITEM NO. 14 REQUEST Ordinance — An Ordinance to Amend the Municipal code of the City of Meridian, County of Ada, State of Idaho Amending Title 10, Chapter 7, Exhibit A, Meridian City Code, Known as the Meridian Impact Fee Schedule; and Providing an Effective Date (1st of 3 Readings) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. a C November 21, 2007 MERIDIAN CITY COUNCIL MEETING November 27, 2007 APPLICANT ITEM NO. REQUEST Ordinance 07-1342 - Ordinance to Amend Municipal Code of City of Meridian, County of Ada, State of Ida o, Amending Title 10, Chap. 7, Exhibit A as Meridian Impact Fee Ordinance 2-114 rffl i n n 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: See attached AAO vv��wr () OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 November 30, 2007 MERIDIAN CITY COUNCIL MEETING 0 December 4, 2007 APPLICANT ITEM NO. 1 REQUEST Resolution — Impact Fee Annual Inflation Adjustment AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Contacted: Date: Phone: Emailed: Staff Inifials: Materials presented at public meetings shall become properly of the City of Meridian. 0 0 CITY OF MERIDIAN RESOLUTION NO. 07— BY 7_ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION TO DETERMINE AN INFLATION FACTOR TO BE APPLIED TO POLICE, FIRE, AND PARKS IMPACT FEES TO ACCOUNT FOR INFLATION INCREASES IN THE COST OF PROVIDING POLICE, FIRE, AND PARKS PUBLIC FACILITIES TO SERVE NEW GROWTH AND DEVELOPMENT PURSUANT TO THE CITY OF MERIDIAN'S ADOPTED CAPITAL IMPROVEMENTS PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 6, 2006, the Meridian City Council adopted Ordinance 06-1255 amending Meridian's Impact Fee Ordinance; and WHEREAS, the Fee Schedule adopted as part of Ordinance 06-1255 requires that the City Council consider whether to apply an annual inflation adjustment to the Police, Fire, and Parks Impact Fees to be implemented by City Council resolution; and, WHEREAS, although the adopted fee schedule states that the impact fees shall be "automatically adjusted" there is also language stating that the City Council is not prevented from electing to waive the inflation adjustment and maintain the existing fees in any given year; and, WHEREAS, Meridian's Finance Department has researched the available reputable sources for inflation indices and has recommended McGraw Hill's Engineering News Record (ENR) Construction Cost Index which measured the percentage of change from November 2006 to November 2007 at 2.28%; and, WHEREAS, Meridian's Development Impact Fee Advisory Committee met on November 7, 2007 to consider the matter of the annual inflation factor and after fully deliberating on all aspects of the issue, the Committee passed a motion to recommend that the City Council not implement an inflation adjustment for the 2008 calendar year. Resolution for Impact Fee Inflation Factor Page 1 of 2 0 0 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. (Council motion to adopt this Resolution must specify one of the following): That Cy ian's Impact Feeedule for Police, Fire, and Parks be adjusted by 2.28% to account for ' io ee�deve�lopment- _X ost of providing police, fire, and parks public fa ' ' 'es to serve new growth an That the City Council has elected to waive the inflation adjustment for the 2008 calendar year. 2008. Section 2. That this Resolution shall be in full force and effect on January 1, a ADOPTED by the City Council of City of Meridian, Idaho this day of e!ry✓- , 2007. 92 APPROVED by the Mayor of the City of Meridian, Idaho, this day of 64,%- 2007. APPROVED: ,MA{ P TDE WEERD q°y Ns ',fit 1 014Y . ATTEST: � WILLIAM J. BERG, JR.,"C" CIS �h UN-f-1 Resolution for Impact Fee Inflation Factor Page 2 of 2 °"//,,,,i,, 9„',�� `° November 30, 2007 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT ITEM NO. 12 REQUEST Public Hearing -- Substantial Amendment of CDBG Five -Year Consolidated Plan and 2007 Action Plan AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. November 30, 2007 RZ 07-016 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT Tuscany Development, Inc. ITEM NO. 13 REQUEST Continued Public Hearing from November 20, 2007 -- Request for a Rezone of 3.66 acres from R-15 to TN -R zone for Gramercy Townhome Subdivision south of East Overland Road and west of South Eagle Road AGENCY COMMENTS CITY CLERK: See Previous Item Packet / 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. November 30, 2007 PP 07-016 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT Tuscany Development, Inc. ITEM NO. 14 REQUEST Continued Public Hearing from November 20, 2007 -- Request for Preliminary Plat approval of 38 single-family attached residential lots on 2.81 acres for Gramercy Townhome Subdivision -- s/o E. Overland & w/o 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: COMMENTS See Previous Item Packet / Minutes See attached Recommendations Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. November 30, 2007 CUP 07-018 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT Tuscany Development, Inc. ITEM NO. 15 REQUEST Continued Public Hearing from November 20, 2007 -- Request for Conditional Use Permit for 32 multi -family dwelling units on 4 lots in an exisiting R-15 zone on 2.93 acres for Gramercy Townhome Subdivision -- Overland & Eagle 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 Previous Item Packet / Minutes See attached Recommendations November 30, 2007 MI 07-015 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT Tuscany Development, Inc. ITEM NO. 16 REQUEST Public Hearing -- Request for an MI application to modify existing DA listing permitted & prohibited home occupational uses within Brownstones & ensure future condominiums are constructed as shown for Gramercy Townhomes AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Staff Report No Comments Contacted: Date: Phone: Emailed: Staff Initials• Materials presented at public meetings shall become properly of the City of Meridian. November 30, 2007 SHP 07-008 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT Kenai Partners, LLC ITEM NO. 17 REQUEST Public Hearing - Short Plat approval to create 2 building lots on 4.86 acres in a C -G zone for Gramercy - 1925 S. Wells Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Staff Report No Comment Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. November 30, 2007 SHP 07-009 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT Penwood III, LLC ITEM NO. 18 REQUEST Public Hearing - Short Plat approval to create 4 units in 1 commercial building lot on 0.20 acres in a C -G zone for Newton's Nook Condominiums - 429 SW 5th Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS Staff Report No Comments Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. TE 07-013 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT Brighton Properties, LLC ITEM NO. REQUEST Public Hearing - Approval for an 18 month Time Extension to record a Final Plat for Bainbridge Subdivision - SWC of Chinden Boulevard and Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. November 30, 2007 CPA 07-010 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT Sherrie Ewing ITEM NO. 20 REQUEST Public Hearing — Request to amend the Comprehensive Future Land Use Map for the n. Meridian area to include 645 acres n/o the Phyllis Canal & s/o Boise River from Linder Rd to approx. 1/4 mile w/o Black Cat for N. Phyllis Canal Project AGENCY COMMENTS CITY CLERK: See attached PLZ Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See attached Comments 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: ITD DEPT 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. November 30, 2007 CPA 07-010 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT Sherrie Ewing ITEM NO. 20 REQUEST Public Hearing - Request to amend the Comprehensive Future Land Use Map for the n. Meridian area to include 645 acres No the Phyllis Canal & s/o Boise River from Linder Rd to approx. 1/4 mile w/o Black Cat for N. Phyllis Canal Project 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: ITD DEPT US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations See attached Comments Contacted: Date: Phone: Emailed: Staff initials: Materwis presented at public meetings shall become property of the City of Meridian. November 30, 2007 PP 07-0147 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT Kuna Victory, LLC ITEM NO. 22 REQUEST Public Hearing -- Request for Preliminary Plat approval for 34 commercial retail building lots and 1 common lot on 17.84 acres within the C -G zone for Emerson Park Commercial -- 2910 & 3030 South Meridian Road and 110 East Victory 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: ITD DEPT US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See Previous Item Packet / Minutes See attached Memo Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. November 30, 2007 MERIDIAN CITY COUNCIL MEETING December 4, 2007 APPLICANT ITEM NO. 2— 3 REQUEST Executive Session per Idaho State Code 67-2345(1) (a) & (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: Date: COMMENTS Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.