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HomeMy WebLinkAbout2007-03-20 "~ ,~= P _,9. }~ my ~ /~ ~~ ~' Ct7'Y OF '!_~~'~ ~ .~ IDAHO ~ ~~~ ~,~ ~ Taensut~ V n~~ ee 903 • CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, March 20, 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 best of the ability of the presenter." 1. Roll-call Attendance: ~ David Zaremba ~ Joe Borton Charlie Rountree ~ Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance: ~~i f fi hk /~ctr-~ti.k ~- ~ ~ 4-~- ~G?.~-n. h. a ~. 3. Community Invocation by /~! /(/G>i~~ 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of February 27, 2007 City Council Special Meeting: ~~,~ ~-~- B. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-062 Request for Annexation and Zoning of 1.12 acres from RUT to a C-C zone for Hoyd Annexation by Kendall Hoyd -east of N. Meridian Road and north of E. Fairview Avenue: ~~~ C. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-057 Request for Annexation and Zoning of 9.91 acres from RUT to an R-15 zone for Jericho Subdivision by Heron River Development, LLC - 6055 & 6185 N. Jericho Road: ~~;~`yr°v~c, Meridian City Council Meeting Agenda -March 20, 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. D. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-056 Request for Preliminary Plat approval of 73 residential units and 10 common lots on 9.52 acres in a proposed R-15 zone for Jericho Subdivision by Heron River Development, LLC - 6055 & 6185 N. Jericho Road: ~%''~i~'rOV~-- E. Findings of Fact and Conclusions of Law and Order for Approval: VAR 07-003 Request for a Variance to UDC 11-3B- 7C2 to count 15 feet of existing right-of-way for Eagle Road towards the landscape street buffer in the C-G zone, for Centre Pointe North Subdivision by W.H. Moore, Co -northwest comer of Eagle Road and Ustick Road: ~~ F. SHP 07-002 Request for Short Plat approval to create 4 building lots out of 1 existing lot on 11.07 acres in a C-G zone for Smitchaer Subdivision by Brighton Properties, LLC -East of N. Eagle Road, North of E. Ustick Road: ar7yr,•-o,,..c._ G. Resolution No. D ? - 5 ~ f :VAC 07-003 Request for a Vacation of the 10 foot wide property drainage and utility easement located on portions of Lots 5 and 6, Block 5, Gemtone Center #5 for Gemtone Center Subdivision #5 by DMB Investments, LLC - 2589 and 2547 E. State Avenue: ~~.~~~'~°v..~-~ H. Approve New Beer and Liquor Licenses for Victoria Wohler dba JB's Restaurant at 1565 S. Meridian Road: ~'?3'~~ev~c, I. Approve Agreement for Independent Contractor Services for Settlers Park Splash Pad Equipment Installation with Haemker Construction, Inc. for $183,340: ~,~ J. Approve Task Order 2.2 for Chemically Enhanced Primary Treatment with CH2M HILL for $19,479: ~,~~~~- K. Approve Amendment to add MWH Americas. Inc. to the Roster of Qualified Consultants for Engineering Services for Water, Wastewater and Miscellaneous Public Works Projects approved December 12, 2006: ~®,~~ L. Approve Water Main Easement for Country Inn ~ Suites by Michael C. Wendel: ~,y,,,,,,.~ M. Approve Public Utilities, Irrigation ~ Drainage Easement for Dyver Develoument. LLC for Lots 3 and 4 Block 1, Silverleaf Subdivision: ~~~,,.~, Meridian City Council Meeting Agenda -March 20, 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. u N. Approve Purchase Order for Materials Testing and Insaection for Oversight and Testing of Environmental Cleanup for New City Hall Project for $20,080.00: Gijrrj~ rov~C~ 6. Department Reports: A. Mayor's Office: 1. Appointme~-nt of Planning and Zoning Commissioner: 7. Items Moved from Consent Agenda: `'LO.Z.c. 8. Request for Reconsideration of Denial of Variance and Vacation for Jacksons Food Store at 3291 E. Pine Street: d2n~ ~ Eo~+,Ii d,~ic~7 i ~ 9. Findings of Fact and Conclusions of Law and Order for Denial: VAR 07-002 Request for a Variance to UDC 11-3H-462 to allow construction of right-tum only direct access to N. Eagle Road for Jacksons Food Store by Jacksons Food Store, Inc. - 3291 E. Pine Street: ~~~,,,,,c,, 10. Findings of Fact and Conclusions of Law and Order for Denial: VAC 07-001 Request for a Vacation on a note on the Porky Park Subdivision No. 1 plat that prohibits direct lot access to Eagle Road for Jacksons Food Store by Jacksons Food Store, Inc. - 3291 E. Pine Street:~y,,.~~„~ 11. Request for Credit / Transfer of Fees for Revised Pinebridge Application by DMB Investments: ~~~,,.,,~,,.,c.r 12. Continued from March 6, 2007: FP 07-002 Request for Final Plat approval of 52 single-family residential building lots, one park lot and 5 common lots on 16.84 acres in an R-8 zone for Solitude Subdivision No. 2 by Solitude Development, LLC -SEC of McMillan Road and Meridian Road: Gam"'` 13. FP 07-005: Request fora Final Plat approval for 62 single-family residential building lots and 8 common lots on 20.18 acres in an R-4 zone for Estancia Subdivision No 2 by Estancia Development -West of Eagle Road on Amity Road: ~.~,,-v~-c 14. Continued Public .Hearing from March 13, 2007: MI 07-003 Request for a Miscellaneous application for Modification of the existing Development Agreement to remove Item 6.1 which requires procurement of detailed conditional use permit prior to development /use of each lot within the subdivision for Sparrowhawk Subdivision Nos. 1 $ 2 by David Waldron -north of Franklin Road and east of Locust Grove Road: ~,~~~~ Meridian City Council Meeting Agenda -March 20, 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. • 15. Public Hearing: MI 07-002 Request for a Miscellaneous application to modify the recorded Development Agreement (Inst. 105134293) pertaining to access for the site for Medina Subdivision by Ken Lenz -SWC of South Meridian Road and West Overland Road: ~~,~,'".°.^~.- 16. Public Hearing: PP 07-003 Request for Preliminary Plat approval of 6 commercial building lots on 8.06 acres in a C-G zone for Medina Subdivision by Ken Lenz -SWC of South Meridian Road and West Overland Road: /a,r-c~, ~r,,,c ~/~'t ~.L {W ~/h.,~v~ 17. Public Hearing: AZ 06-058 Request for Annexation and Zoning of 38.01 acres from RUT (Ada County) to R-8 zone for SaAewood Subdivision by M & H Development, LLC - 4435 S. Meridian Road: Request to Withdraw Applications: ~,,j,y~4,G~.as.~.-~ 18. Public Hearing: PP 06-057 Request for Preliminary Plat approval of 115 single-family residential building lots and 6 common/other lots on 38.01 acres in a proposed R-8 zone for SaAewood Subdivision by M & H Development, LLC -4435 S. Meridian Road: Request to Withdraw Applications: ~,,,i~~!ti ~G~,a•,~.-,.. 19. Public Hearing: VAR 06-025 Request for a Variance to exceed the maximum block length allowed by UDC 11-6C-3F for SaQewood Subdivision by M & H Development, LLC - 4435 S. Meridian Road: Request to Withdraw Applications: ~ Hri ~'i~~.R,~..-y-- 20. Public Hearing: PP 06-060 Request for Preliminary Plat approval of 30 single-family building lots, 3 common lots and 1 other lot on 10.57 acres in a proposed R-8 zone for Sundial Subdivision by Gemstar Development -south of Ustick Road and west of Linder Road: C~,,;,~ ~p /!ti fv 3~~~7 21. Public Hearing: AP 07-002 Request for City Council review in an Appeal of the Planning and Zoning Commission's denial of a Conditional Use Permit to allow a 200 square foot canvas carport in the O-T zone for Kelley Carport by Larry and Judy Kelley - 403 E. 2"d Street: ~.y,,~,~ ~ 22. Ordinance No. 07-1301 New Fireworks Ordinance - 2nd Reading: ~Qd„ 23. Executive Session per Idaho Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and 67-2345(1)(fi) - (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda -March 20, 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. r~ ~ ~~~ ~'' C11'Y OF _ ~'-= ~t ~~!'1 ~t eY1G1~IG~"yl innr,o y~ s G Fc ~R.e TRF.ASUfl6V~Y surc~ ,~ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, March 20, 2007 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before fhe Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: ~~CI~P ~®~~ ~zsv I~~'c )'lofi~~ - l haNr Ks ~ David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Kevin Moyer with Meridian First Baptist Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of February 27, 2007 City Council Special Meeting: B. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-062 Request for Annexation and Zoning of 1.12 acres from RUT to a C-C zone for Hovd Annexation by Kendall Hoyd -east of N. Meridian Road and north of E. Fairview Avenue: C. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-057 Request for Annexation and Zoning of 9.91 acres from RUT to an R-15 zone for Jericho Subdivision by Heron River Development, LLC - 6055 & 6185 N. Jericho Road: Meridian City Council Meeting Agenda -March 20, 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. • D. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-056 Request for Preliminary Plat approval of 73 residential units and 10 common lots on 9.52 acres in a proposed R-15 zone for Jericho Subdivision by Heron River Development, LLC - 6055 & 6185 N. Jericho Road: E. Findings of Fact and Conclusions of Law and Order for Approval: VAR 07-003 Request for a Variance to UDC 11-3B- 7C2 to count 15 feet of existing right-of--way for Eagle Road towards the landscape street buffer in the C-G zone, for Centre Pointe North Subdivision by W.H. Moore, Co -northwest comer of Eagle Road and Ustick Road: F. SHP 07-002 Request for Short Plat approval to create 4 building lots out of 1 existing lot on 11.07 acres in a C-G zone for Smitchaer Subdivision by Brighton Properties, LLC -East of N. Eagle Road, North of E. Ustick Road: G. Resolution No. :VAC 07-003 Request for a Vacation of the 10 foot wide property drainage and utility easement located on portions of Lots 5 and 6, Block 5, Gemtone Center #5 for Gemtone Center Subdivision #5 by DMB Investments, LLC - 2589 and 2547 E. State Avenue: H. Approve New Beer and Liquor Licenses for Victoria Wohler dba JB's Restaurant at 1565 S. Meridian Road: I. Approve Agreement for Independent Contractor Services for Settlers Park Splash Pad Equipment Installation with Haemker Construction. Inc. for $183,340: J. Approve Task Order 2.2 for Chemically Enhanced Primary Treatment with CH2M HILL for $19,479: K. Approve Amendment to add MWH Americas. Inc. to the Roster of Qualified Consultants for Engineering Services for Water, Wastewater and Miscellaneous Public Works Projects approved December 12, 2006: L. Approve Water Main Easement for Country Inn & Suites by Michael C. Wendel: M. Approve Public Utilities, Irrigation ~ Drainage Easement for Dever Development. LLC for Lots 3 and 4 Block 1, Silverleaf Subdivision: Meridian City Council Meeting Agenda -March 20, 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. • N. Approve Purchase Order for Materials Testinu and Inspection for Oversight and Testing of Environmental Cleanup for New City Hall Project for $20,080.00: 6. Department Reports: A. Mayor's Office: 1. Appointment of Planning and Zoning Commissioner: 7. Items Moved from Consent Agenda: 8. Request for Reconsideration of Denial of Variance and Vacation for Jacksons Food Store at 3291 E. Pine Street: 9. Findings of Fact and Conclusions of Law and Order for Denial: VAR 07-002 Request for a Variance to UDC 11-3H-4B2 to allow construction of right-tum only direct access to N. Eagle Road for Jacksons Food Store by Jacksons Food Store, Inc. - 3291 E. Pine Street: 10. Findings of Fact and Conclusions of Law and Order for Denial: VAC 07-001 Request for a Vacation on a note on the Porky Park Subdivision No. 1 plat that prohibits direct lot access to Eagle Road for Jacksons Food Store by Jacksons Food Store, Inc. - 3291 E. Pine Street: 11. Request for Credit / Transfer of Fees for Revised Pinebridae Application by DMB Investments: 12. Continued from March 6, 2007: FP 07-002 Request for Final Plat approval of 52 single-family residential building lots, one park lot and 5 common lots on 16.84 acres in an R-8 zone for Solitude Subdivision No. 2 by Solitude Development, LLC -SEC of McMillan Road and Meridian Road: 13. FP 07-005: Request for a Final Plat approval for 62 single-family residential building lots and 8 common lots on 20.18 acres in an R-4 zone for Estancia Subdivision No 2 by Estancia Development -West of Eagle Road on Amity Road: 14. Continued Public Hearing from March 13, 2007: MI 07-003 Request for a Miscellaneous application for Modification of the existing Development Agreement to remove Item 6.1 which requires procurement of detailed conditional use permit prior to development /use of each lot within the subdivision for Sparrowhawk Subdivision Nos. 1 $ 2 by David Waldron -north of Franklin Road and east of Locust Grove Road: Meridian City Council Meeting Agenda -March 20, 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. 15. Public Hearing: MI 07-002 Request for a Miscellaneous application to modify the recorded Development Agreement (Inst. 105134293) pertaining to access for the site for Medina Subdivision by Ken Lenz -SWC of South Meridian Road and West Overland Road: 16. Public Hearing: PP 07-003 Request for Preliminary Plat approval of 6 commercial building lots on 8.06 acres in a C-G zone for Medina Subdivision by Ken Lenz -SWC of South Meridian Road and West Overland Road: 17. Public Hearing: AZ 06-058 Request for Annexation and Zoning of 38.01 acres from RUT (Ada County) to R-8 zone for Saaewood Subdivision by M & H Development, LLC - 4435 S. Meridian Road: Request to Withdraw Applications: 18. Public Hearing: PP 06-057 Request for Preliminary Plat approval of 115 single-family residential building lots and 6 common/other lots on 38.01 acres in a proposed R-8 zone for Saaewood Subdivision by M & H Development, LLC - 4435 S. Meridian Road: Request to Withdraw Applications: 19. Public Hearing: VAR 06-025 Request for a Variance to exceed the maximum block length allowed by UDC 11-6C-3F for Saaewood Subdivision by M & H Development, LLC - 4435 S. Meridian Road: Request to Withdraw Applications: 20. Public Hearing: PP 06-060 Request for Preliminary Plat approval of 30 single-family building lots, 3 common lots and 1 other lot on 10.57 acres in a proposed R-8 zone for Sundial Subdivision by Gemstar Development - south of Ustick Road and west of Linder Road: 21. Public Hearing: AP 07-002 Request for City Council review in an Appeal of the Planning and Zoning Commission's denial of a Conditional Use Permit to allow a Z00 square foot canvas carport in the O-T zone for Kellev Carport by Lany and Judy Kelley - 403 E. 2"d Street: 22. Ordinance No. 07-1301 New Fireworks Ordinance - 2nd Reading: 23. Executive Session per Idaho Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda -March 20, 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. • • Meridian City Council Meeting March 20, 2007 A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, March 20, 2007, by President Joe Borton. Members Present: Charlie Rountree, Joe Borton, Keith Bird, and David Zaremba. Members Absent: Mayor Tammy de Weerd. (arrived late) Others Present: Bill Nary, Will Berg, Caleb Hood, Len Grady, Gene Trakel, Bill Johnson, and Dean Willis. Item 1: -Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird 0 Mayor Tammy de Weerd Borton: Welcome, everybody. We will go ahead and get started for the Tuesday, March 20th, regular Council meeting. We will begin this Council meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: Borton: Thank you. Item No. 2 is the pledge of allegiance. Would you, please, join us. Christina and Amber Farnham will lead us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Bill Nary. Borton: Christine and Amber, if you would, please, come forward. We have got City of Meridian pins for you. Thank you for coming tonight and helping us with the pledge. Item No. 3 is the community invocation. We will be led tonight by our city attorney Mr. Nary. Nary: Thank you, Mr. President, Members of the Council. If we could all take a moment or take a moment for a moment of silence. Lord, we thank you for your blessings upon our city, for our citizens and for our community, God. We ask for this wisdom and guidance for our Council and our leaders of our city as they make decisions tonight and each day that help shape our city's future, to help guide our citizens and guide our community to the better citizens -- or better community that we would all like to have. We ask your blessings upon this process tonight and for the discussions to be civil, for the decisions to be right and just and to be fair, God, and we just ask for these blessings in your name, amen. • • Meridian City Council March 20, 2007 Page 2 of 28 Item 4: Adoption of the Agenda: Borton: Thank you, Mr. Nary. Item No. 4, Adoption of the Agenda. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I would comment that on the agenda -- Consent Agenda, Item 5-G, the resolution number is 07-549. On the regular portion of the agenda, Items 17, 18 and 19 relating to Sagewood Subdivision, the applicant has requested to withdraw those. Item 20 related to Sundial Subdivision, we need to continue those items to April 3rd, 2007, as the site was not posted noticing the Public Hearing. Item 21 relating to the Kelly Carport, we also need to remove as the proper format is not an appeal, but a Conditional Use Permit. I believe those are the only changes. Nary: Mr. President? Borton: Mr. Nary. Nary: On Item 23, the Executive Session, could we also add (1)(a) and (1)(b) also as the sub categories for that section. Zaremba: If I need to do that, I agree with what Mr. Nary said. In the Executive Session we will deal with Items (1)(f), (1)(a) and (1)(b) and (c). Oh. And (c). I'm song. I didn't see the first one. (a), (b), (c), and (f). Rountree: And I will second that final motion. Borton: It's been moved and seconded to adopt the agenda as amended. All those in favor say aye. Thank you. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of February 27, 2007 City Council Special Meeting: B. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-062 Request for Annexation and Zoning of 1.12 acres from RUT to a C-C zone for Hoyd Annexation by Kendall Hoyd -east of N. Meridian Road and north of E. Fairview Avenue: Meridian City Council March 20, 2007 Page 3 of 28 C. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-057 Request for Annexation and Zoning of 9.91 acres from RUT to an R-15 zone for Jericho Subdivision by Heron River Development, LLC - 6055 & 6185 N. Jericho Road: D. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-056 Request for Preliminary Plat approval of 73 residential units and 10 common lots on 9.52 acres in a proposed R-15 zone for Jericho Subdivision by Heron River Development, LLC - 6055 & 6185 N. Jericho Road: E. Findings of Fact and Conclusions of Law and Order for Approval: VAR 07-003 Request for a Variance to UDC 11-36- 7C2 to count 15 feet of existing right-of--way for Eagle Road towards the landscape street buffer in the C-G zone, for Centre Pointe North Subdivision by W.H. Moore, Co. -northwest comer of Eagle Road and Ustick Road: F. SHP 07-002 Request for Short Plat approval to create 4 building lots out of 1 existing lot on 11.07 acres in a C-G zone for Smitchuer Subdivision by Brighton Properties, LLC -East of N. Eagle Road, North of E. Ustick Road: G. Resolution No. 07-549 VAC 07-003 Request for a Vacation of the 10 foot wide property drainage and utility easement located on portions of Lots 5 and 6, Block 5, Gemtone Center #5 for Gemtone Center Subdivision #5 by DMB Investments, LLC - 2589 and 2547 E. State Avenue: H. Approve New Beer and Liquor Licenses for Victoria Wohler dba JB's Restaurant at 1565 S. Meridian Road: I. Approve Agreement for Independent Contractor Services for Settlers Park Splash Pad Equipment Installation with Haemker Construction. Inc. for $183,340: J. Approve Task Order 2.2 for Chemically Enhanced Primary Treatment with CH2M HILL for $19,479: K. Approve Amendment to add MWH Americas. Inc. to the Roster of Qualified Consultants for Engineering Services for Water, Wastewater and Miscellaneous Public Works Projects approved December 12, 2006: L. Approve Water Main Easement for Country Inn Bz Suites by Michael C. Wendel: Meridian City Council March 20, 2007 Page 4 of 28 • M. Approve Public Utilities, Irrigation 8< Drainage Easement for Dyver Develoument, LLC for Lots 3 and 4 Block 1, Silverleaf Subdivision: N. Approve Purchase Order for Materials Testing and Insaection for Oversight and Testing of Environmental Cleanup for New City Hall Project for $20,080.00: Borton: Item No. 5. Consent Agenda. Zaremba: Mr. President, I move we accept the Consent Agenda with the note that the resolution number for G is 07-549. Rountree: Second. Borton: It's been moved and seconded to adopt the Consent Agenda as published. Mr. Berg. Bird: Question. Borton: Oh. Bird: Did the motion included the president sign and the clerk to attest on all papers? Zaremba: I'm sorry, I forgot that part. And, yes, would the president sign and the clerk to attest on all papers. Rountree: Second agrees. Borton: It's been moved and seconded to approve the Consent Agenda as published. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: 1. Appointment of Planning and Zoning Commissioner: Borton: Thank you. Item No. 6 is a department report, which we are going to continue at least to the end of the agenda, until that department is present. Meridian City Council March 20, 2007 Page 5 of 28 Item 7: Items Moved from Consent Agenda: Borton: Item No. 7. There are no items moved from the Consent Agenda. Item 8: Request for Reconsideration of Denial of Variance and Vacation for Jacksons Food Store at 3291 E. Pine Street: Borton: We will begin Item No. 8, request for reconsideration of denial of a variance. And we will begin this request with comments from legal counsel. Nary: Thank you, Mr. President, Members of the Council. You have had a few of these in front of you in the past. You have the Findings. This matter was heard by you previously. You have the Findings for denial of both the variance and the vacation as Items 9 and 10. You do have a written request by Mr. Jackson for the reconsideration. He has raised some issues in his request that you are free to consider. This is not a Public Hearing. If the applicant has any other information to clarify, you can certainly request that, but this is not intended as a hearing on those issues. If you wish to reconsider it, you certainly are free to do that. You would need to take some action on Item 8 as the request is in front of you as an action item. Borton: Thank you, Mr. Nary. Council, Mr. Jackson is present. We have received his letter request dated March 8th for reconsideration. Is there any information that Council needs or would like to hear about this request? Mr. Nary, as being on the -- the losing side of the original decision, I can't participate in whether or not reconsideration is granted. Nary: The motion to reconsider would have to be made by a party on the prevailing side. At that point you could -- you could second the motion or vote. Borton: Okay. Bird: You can ask Mr. Jackson to come forward if you want. Borton: Mr. Jackson, could you, please, come forward and present your request. Jackson: Thank you, Council -- Members of the Council. Yeah. At our last meeting when we discussed this subject, it was -- a recommendation was made by Councilman Bird that if we prohibited truck traffic from the right tum only lane and I guess back and forth, that it was suggested if we did that, that he could perhaps support our request. I, not knowing the proper protocol, didn't realize that if I was in agreement with that recommendation or restriction, that I could have approached Council again and made that known to them, which may have changed the outcome. I'm just here to suggest that we are willing to agree to that compromise and restrict truck traffic and, hopefully, that will be enough of a restriction that we can get a different outcome. Answer any questions. Meridian City Council March 20, 2007 Page 6 of 28 Borton: Thank you, Mr. Jackson. Council, any questions? • Bird: Mr. President, I don't have a question for Mr. Jackson, but I would like to clarify that what I was asking is if he would be -- I didn't -- and in no way did I mean to imply that I would be for it if we did that, I just thought that maybe that was something that could be looked at, whether we could prohibit trucks using that entrance in there. So, in no way did I imply that if he would agree to that, that I would be in favor of it. Borton: Thank you, Mr. Bird. Council, any other questions or information needed from Mr. Jackson? Okay. Thank you. Is there a motion on the request? If none, then, the request dies for lack of a motion; is that correct, Mr. Nary? Nary: Mr. President, someone would need to make a motion either way. Either a motion to deny the request or a motion to grant it. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: With all due respect to Mr. Jackson and appreciation for the large part that his food stores and facilities play in Meridian and we are happy to have you here, I see no reason to reconsider and I move that we not reconsider. Rountree: Second. Borton: It's been moved and seconded to deny Item 8, the request for reconsideration. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Item 9: Findings of Fact and Conclusions of Law and Order for Denial: VAR 07-002 Request for a Variance to UDC 11-3H-462 to allow construction of right-tum only direct access to N. Eagle Road for Jacksons Food Store by Jacksons Food Store, Inc. - 3291 E. Pine Street: Item 10: Findings of Fact and Conclusions of Law and Order for Denial: VAC 07-001 Request for a Vacation on a note on the Porky Park Subdivision No. 1 plat that prohibits direct lot access to Eagle Road for Jacksons Food Store by Jacksons Food Store, Inc. - 3291 E. Pine Street: Borton: Item No. 9. We approve the Findings, Mr. Nary? Meridian City Council March 20, 2007 Page 7 of 28 Nary: Mr. President, yes, you would need to -- you can, actually, do nine and ten together if you wish. Borton: Okay. I would entertain a motion on nine and ten. Zaremba: Mr. President. Borton: Mr. Zaremba. Zaremba: I move we approve the Findings of Facts and Conclusions of Law and order for denial for both the variance 07-002 and the vacation 07-001. Rountree: Second. Borton: It's been moved and seconded to approve Item 9 and 10, Findings of Facts and Conclusions of Law. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Item 11: Request for Credit / Transfer of Fees for Revised Pinebridae Application by DMB Investments: Gorton: Item No. 11, request for credit transfer of fees for revised Pinebridge application. Mr. Nary. Nary: Thank you, Mr. President, Members of the Council. On this one -- and, Mr. Hood, if he has any additional information he can provide it. In looking through it I think we tried to be as accurate as we could in noticing this on the agenda as a credit or transfer of fees. We, technically, don't have a means in our code to credit fees, it tends to imply more of an accounting method than what is really being asked for here. The applicant Pinebridge has previously submitted fees -- it was, actually, about a year and a half ago, for an application. They withdrew the application right after their submittal, but they had paid the fees. All they were asking was that those fees not have to be paid again. In doing the analysis from the planning staff, the fees now will probably be different and actually be less, they were comfortable with, basically, waiving the fees for this application, because they had previously paid it for a similar project, this Pinebridge, and no staff work went into it of any significance to the other one, so we still have fees that cover the cost of the stafFs time and we don't have to deal with an accounting of a credit, which is more problematic than simply waiving it. The applicant was in agreement to simply waive the fees as well. So, I just wanted to be I guess more accurate that we are not crediting something that we are going to have to account for later in an audit circumstance. So, I don't know if Mr. Hood has anymore, but that's really what you're being asked to do. Meridian City Council March 20, 2007 Page 8 of 28 Borton: Thank you, Mr. Nary. Caleb, anything further? C~ Hood: I guess maybe the only thing that I would have to add, Mr. President, Members of the Council, is that we did talk with the applicant about year and a half ago about this future request and we said we would support them, because, again, they did pay some hefty fees at that time and staffs time spend on it was minimal. They were waiting for ACHD -- long story -- hopefully, not too long, but to change some roadway classifications. They intended to come back with a re-submittal here this year and they have and so we are supporting their request. Borton: Thank you, Caleb. Council? Bird: Mr. President? Borton: Mr. Bird. Bird: I move we -- the request for the credit transfer of fees for the revised Pinebridge application by DMB. Zaremba: Second. Borton: It's been moved and seconded to waive the fees for the revised Pinebridge application. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Continued from March 6, 2007: FP 07-002 Request for Final Plat approval of 52 single-family residential building lots, one park lot and 5 common lots on 16.84 acres in an R-8 zone for Solitude Subdivision No. 2 by Solitude Development, LLC -SEC of McMillan Road and Meridian Road: Borton: Thank you. Item No. 12, continued from March 6th, final plat 07-002 on Solitude Subdivision No. 2. Caleb, could you give us an update on this final plat. Hood: Mr. President, Members of the Council, I can. We did receive an a-mail this afternoon from the applicant's representative. They did have a couple of issues with the staff report for this final plat on Meridian and McMillan, the southeast corner of Meridian and McMillan. I'm going to run through a couple of those changes for you. I'll read them in. If you concur I would just ask that you make that part of the motion. Their first concern was over site specific condition number two. It talked about timing for the -- excuse me -- the approval for final plat and when that -- how long they actually have to get that plat signed by the city engineer and recorded. We would ask that the final plat - - or, excuse me, final plat condition number two be modified to read: The final plat • Meridian City Council March 20, 2007 Page 9 of 28 approval for this subject phase shall expire 18 months from the city engineer's signature of phase one. That's a clarification that it just said signature before, so we are clarifying that it's actually Len's signature. And, then, number four they had some concerns over the -- an easement that was shown on the final plat, it turns out that that easement doesn't appear to be a Settler's Irrigation District easement. In fact, it appears to be a private user easement. So, the language we would have amended on final plat condition number four would read as follows: Prior to signature of the final plat by the city engineer the applicant shall, one, submit a license agreement with Settler's Irrigation District to fence into the portion of the easement encroaching into the lots for the Gish lateral or, two, provide construct -- for construction plan approval, provide documentation that the facility is a private users lateral and submit the users approval to the slash pipe the facility. That gives them the option to either approve that if Settler's, in fact, doesn't claim any facilities back there and it is a private users and if that's the case, having that private user sign off on covering that facility. And, finally, number 12, there were -- there are a couple of lots that are substandard if they were to have their own individual driveways. It's my understanding that they are going to share a driveway for these two lots, so we would propose to amend final plat condition number 12 to read: On Lots 13 and 14, Block 11, do not meet the minimum required street frontage for the R-8 zone. Revise the plat, so that the individual lots meet the required minimum street frontage for the R-8 zone or comply with the common driveway standards and note such common driveway as an easement on the plat. I believe that covers the applicant's issue that they had in this a-mail, again, received in our office this afternoon. Everything else I believe they are okay with. I should have done this earlier, but this plat actually consists of 52 lots, single family lots, in the R-8 zone on about 17 acres. I do have some more details if you'd like some more details, but that's the applicant's request and a brief staff report. Borton: Thank you, Caleb. Council, any questions? Is the applicant here? Ms. Stiles. Do you want to come forward, please? Sheri raised her hand, so -- Hill: Oh, I'm sorry. John Hill, 701 South Allen Street, Meridian. Borton: Do you have any -- Hill: No. I thought everything was covered fine from staff. I got the report earlier from our consultant, so we are fine. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: Would you validate that you agree with the things that Caleb Hood just read into the record? Hall: Yes, I do agree with all items two, four and 12. • Meridian City Council March 20, 2007 Page 10 of 28 Zaremba: Okay. Thank you. Borton: Thank you. Hall: Thank you. Rountree: Mr. President? Borton: Mr. Rountree. Rountree: If there is no further questions, I move we approve Item No. 12, FP 07-002, with conditions two, four and 12 as modified by staff and the remaining comments and conditions of staff. Bird: Second. Borton: It's been moved and seconded to approve Item No. 12, FP 07-002. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 13: FP 07-005: Request fora Final Plat approval for 62 single-family residential building lots and 8 common lots on 20.18 acres in an R-4 zone for Estancia Subdivision No. 2 by Estancia Development -West of Eagle Road on Amity Road: Borton: Thank you. Item No. 13, final plat 07-005 for Estancia Subdivision No. 2. Caleb, can you give us an update on Estancia Subdivision No. 2. Caleb: Mr. President, Members of the Council, I can. We do have a letter from the applicant and they are in agreement with all of the conditions of approval for the final plat for Estancia Subdivision No. 2. Borton: Okay. Rountree: Mr. President? Borton: Mr. Rountree. Rountree: I would move that we approve Item 13, FP 07-005. Zaremba: Second. Borton: It's been moved and seconded to approve Item 13, FP 07-005. All those in favor say aye. i +~ Meridian City Council March 20, 2007 Page 11 of 28 MOTION CARRIED: ALL AYES. Item 14: Continued Public Hearing from March 13, 2007: M107-003 Request for a Miscellaneous application for Modification of the existing Development Agreement to remove Item 6.1 which requires procurement of detailed conditional use permit prior to development /use of each lot within the subdivision for Sparrowhawk Subdivision Nos. 1 8~ 2 by David Waldron - north of Franklin Road and east of Locust Grove Road: Borton: Thank you. Item 14 is a continued Public Hearing from March 13th on MI 07- 003, Sparrowhawk Subdivision No. 1 and 2 and we will begin this continued Public Hearing with staff comments. Hood: Thank you, Mr. President, Members of the Council. As you may recall, this application was actually on your agenda last week. It was continued to allow the applicant to provide some more information on how to resolve some drainage issues that were brought up by an adjacent property owner or there may have even been a couple of property owners that had some issues there. I understand that the applicant has been and is working with the Public Works Department on both a short term and a long term fix to the drainage problems that occurred in the recent past on this site. There was a condition that was drafted last week by staff that I guess we would like you to read into the record if you decide to approve the subject application and it should go in as Item No. 6.3 and read something to this effect: Prior to the issuance of the next building permit within the Sparrowhawk development, the applicant shall submit an engineered design, obtain city approval, and construct a drainage system to contain the drainage from the undeveloped portions of the project. And, again, the applicant -- I did see the applicant here tonight, he can probably give you a little more update on what has been engineered, maybe explain to you what the short term and longer term plan is for retaining that drainage on site. Len is also familiar, far more than I am, so if you have any questions that way I can pass the mike onto him. This application was, again, just to refresh your memory, the reason that this application is before you was a modification to the original development agreement, because there is a condition in there currently that requires all the lots to obtain Conditional Use Permit approval prior to construction and the applicant is requesting to vacate that provision from the current development agreement. So, with that I will stand for any questions you may have and if they are related to drainage, I will pass the mike. Borton: Thank you, Caleb. Council, any questions? Bird: I have none. Borton: Len, do you have anything you want to add at this point? Grady: Mr. President, Members of the Council, we did set up a meeting between the applicant and Mr. Anderson to try to work out some of the drainage issues. The applicant seems very prepared to do what's required. They have come up with a short Meridian City Council March 20, 2007 Page 12 of 28 term plan,.which all that's been described, but, basically, captures a hundred year storm event. Mr. Anderson was in agreement with that. Ms. Bagley refused to come and meet with the applicant. We did provide an opportunity, but she declined. With that I will stand for questions. Borton: Thank you, Len. Council, any questions? Mr. Grady? Would the applicant care to come forward. Hardy: My name is Chrissa Hardy. I'm with Runrise Engineering. We have been hired to handle this drainage issue. We have come up with ashort-term drainage plan, a temporary detention pond that will handle a one hundred year storm, as staff mentioned, and we did meet with staff and they seemed to feel that this is adequate for short-term and, then, in addition we will be helping with and we will insure that long-term on site retention will occur as these individual lots are developed. Borton: Thank you. Council, any questions? Thank you. This is a Public Hearing. Is there anyone else who would like to provide comment or testimony on this application? Come on forward and state your name for the record. Anderson: Council, my name is John Anderson, I am an adjacent property owner. I did sit through the meeting. I'm not a licensed engineer, I will take their word that that's what they are going to do. I'm cautiously optimistic that this is going to come through and I really appreciate all the help you guys have given and staffs been great, so thanks for your help. Borton: Thank you. Is there anyone else who would like to provide public testimony? Does the applicant have any final comments? Okay. Council, any additional information from the applicant or staff? Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I believe the questions that were hanging last time and the reason for which we continued it have been answered to my satisfaction. If I don't hear any other comments, I would move that we close the Public Hearing on MI 07-003. Rountree: Second. Borton: It's been moved and seconded to close the Public Hearing on Item 14. All those in favor say aye. MOTION CARRIED: ALL AYES. Zaremba: Mr. President? • Meridian City Council March 20, 2007 Page 13 of 28 Gorton: Mr. Zaremba. Zaremba: I move that we approve MI 07-003 for Sparrowhawk Subdivisions Nos. 1 and 2, to include all staff comments and adding the condition 6.3, prior to the issuance of the next building permit within Sparrowhawk development, the applicant shall submit an engineered design, obtain city approval, and construct a drainage system to contain the drainage from the undeveloped portions of the project. End of statement. Rountree: Second. Borton: It's been moved and seconded to approve Item 14, MI 07-003. Any discussion? Bird: Mr. President? Borton: Mr. Bird. Bird: In the motion are you removing 6.1, taking out the Conditional Use Permit and are we adding all of the language that is stated in 6.3? Zaremba: I believe that was the intent, to allow them to be relieved of the conditional use, as long as some of the projects go through the design review process. I was assuming that was what staff notes were. That was my intent, yes. Borton: Second agree with that? Rountree: And I agree. Borton: Okay. Second agrees. Any further discussion on Item 14? Seeing none, Mr. Berg, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 15: Public Hearing: MI 07-002 Request for a Miscellaneous application to modify the recorded Development Agreement (Inst. 105134293) pertaining to access for the site for Medina Subdivision by Ken Lenz -SWC of South Meridian Road and West Overland Road: Item 16: Public Hearing: PP 07-003 Request for Preliminary Plat approval of 6 commercial building lots on 8.06 acres in a C-G zone for Medina Subdivision by Ken Lenz -SWC of South Meridian Road and West Overland Road: Meridian City Council March 20, 2007 Page 14 of 28 Borton: Thank you. Item 15 is a Public Hearing on MI 07-002, request for miscellaneous application for Medina Subdivision and we will begin this Public Hearing with staff comments. Hood: Thank you, Mr. President, Members of the Council. Nary: Mr. President, did you want 16 as well? Borton: Oh, excuse me. Rountree: Fifteen and sixteen. Borton: I'm sorry. Fifteen and sixteen. We will open both those public hearings. Sony, Caleb. Hood: No problem. So, 15 and 16 are for Medina Subdivision -- Medina Subdivision. I'm not quite sure how they pronounce that. But it is located on the southwest comer of Overland and Meridian Roads as shown on the screen currently. There are two applications, one for a development agreement modification, a miscellaneous application. Just a little bit of history on that one. An access variance was granted sometime last year into the subject property allowing an access into the site. One of the provisions of that -- granting that variance by the Council was that it directly be constructed over to the property to the west. The subject site Medina now has six lots within their plat boundary and so this would be the access here that was granted, access to the state highway. It does not directly tie in with the property to the west. It is more circuitous. There is cross-access. You can see that there is this driveway just off site that will be shared, so there is still the potential for future tenants, users, people on this site to access this driveway, but, again, one of the main findings for granting this variance was it would serve kind of a larger area by granting that variance. So, that's the first application. That's item number 15, the requesting to amend that and allow -- continue to allow the location -- same location for the driveway, just that it not continue in -- directly over to the west. The second part, as I previously mentioned, is the six lot subdivision. So, you got -- you have the Walgreens right on the comer, which has already been previously approved and a certificate of zoning compliance issued for that Walgreens and, then, five additional retail type lots on this site. It is an acre site. Let's see if there is any other real highlights. I guess the -- one of the questions that was brought up at the Planning and Zoning Commission level, but wasn't really answered, has to do with -- and I'm going to go back to the aerial. There is a residential subdivision directly to the south. A question was brought up about some type of a retaining wall, a CMU wall, or some other type of mitigation fence to kind of sound proof the existing residences from some of those future commercial users. Didn't gamer a lot of discussion from the Commission, but it is something that at least a couple of folks in the neighborhood have brought up as an item that they were concerned about. I don't have a view from the street. I don't know if you are all familiar, but there is a pretty significant drop off right there at the northern edge of those residential lots going to the southern edge of this property, it probably falls, I don't know, eight to ten feet, maybe, • Meridian City Council March 20, 2007 Page 15 of 28 something like that. Maybe even more. But it's a pretty significant drop into the site. I just thought I would bring that up as a point of discussion potentially. Also, something that was discussed -- and I know the applicant submitted an alternative compliance request to the required landscape buffer width along Meridian Road for just a small portion of it. When they put that access in there will be a decel lane, as you can kind of see here. It's a little bit tough to make out, but there will be a decel lane into the site, so that will cut into the buffer a little bit from the full 35 foot wide buffer. I think it's like seven feet or something to that effect. The applicant maybe can help me out with the exact dimensions. But they are placing some additional landscaping in there to make up for some of the width that they are losing with the turn lane. And I did talk about one of the accesses already to Overland, Road and, then, this will be a right-in, right-out on this property. You may or may not know, too. ACHD is currently widening the mile, you probably know that. They are realigning quite a few of these driveways out as part of that project, too. So, it is kind of a mess out there now, but I think it will be cleaned up with -- with the property owners and ACHD all working hand-in-hand to kind of align some of those, combine some of those, and get the accesses cleared up a little bit. With that I think that's pretty much all I had in my notes of things that I wanted to touch on and so with that I will stand for any questions you may have. Borton: Thank you, Caleb. Council, any questions? Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I would ask Mr. Hood to clarify the last thing you were talking about, which is the alignment of driveways across Overland. Is that what you're talking about? Are driveways on the property on the north side of Overland being moved and are things going to end up being aligned? Hood: That is my understanding. I'm not for sure about the ones directly across from the site here. I know that Roaring Springs is aligning one of their driveways with this one I understand, but I haven't seen ACHD's construction plans, I believe that that's what's on this plan as shown as the far west driveway is all aligning with what the shared access is. So, at least that one. I'm not quite sure what's happening with the -- the closest one to Meridian Road. I don't know if Mr. Inselman knows that or not, but that's my understanding, that they are aligning those up. Zaremba: All right. Thank you. Borton: Council, any other questions of staff? Bird: I have none. Borton: Would the applicant like to come forward? Meridian City Council March 20, 2007 Page 16 of 28 Huber: Members of the Council, my name is Jeff Huber. My address is 416 South 8th Street, Boise, and I represent the applicant. We are in approval with -- we are in compliance with the staff report. We have no problems with it, except for one issue, which is the cross-parking requirement for Walgreens. We have met all the city requirements for parking on site for each lot and we will do that in the future, but Walgreens will not allow a cross-parking agreement with the other lots in this subdivision. So, I'm asking that the condition number 1.2.7 be amended and I have written it up here, I'll pass it out to you, so that it reads that there will be cross-access and cross-parking with all the lots within the subdivision, except there won't be cross- parking with the Walgreens site specifically. They have met their parking requirement with the city and I don't see any -- I don't see why the city would have a problem with that. Zaremba: Thank you. Mr. President, my -- Borton: Mr. Zaremba. Zaremba: If we are taking comments at this moment, I don't know if Mr. Huber is finished, but -- Borton: Go ahead. Zaremba: -- my comment on eliminating that requirement would be that the current user of the property, Walgreens, may feel that they have satisfied all the conditions, but this is forever and uses change. Walgreens could move. And I feel it's a good city policy to require the cross-access and the cross-parking on all similar subdivisions. Just a comment. Huber: Councilman Zaremba, in our lease with Walgreens it will not allow for any cross-parking. It's typical of like Winco, for example -- or example, they will not allow cross-parking agreements. I don't know if you're aware of that or not, but they are very protective of their parking, as is Walgreens, and they are sort of a mid size tenant and the larger tenants have that kind of power where they won't -- they just won't do it and Walgreens sort of falls right under the umbrella also. We have cross-access throughout the whole subdivision, but -- and we will have cross-parking on all the other lots within this subdivision, but Walgreens in their lease they will not allow across-parking agreement. They will not allow McDonald's, for example, next to them to park on their parking lot. It's just the way they do business these days. And we intend to meet all the parking requirements of the city on each lot within the subdivision. Borton: Mr. Huber, I guess it just sounds that that was perhaps a calculated risk in the agreement. Walgreens may impose that particular requirement on you and you are sort of betting that that requirement would, then, be waived by Council at this point. Meridian City Council March 20, 2007 Page 17 of 28 Huber: No, that wasn't exactly how we looked at it. We looked at the parking requirements in the code by the city and we met those requirements. So, we didn't -- we didn't realize that there was going to be a requirement that they also share their parking with other tenants within the subdivision. As long as we meet the requirements of the city for parking on each parcel, we feel that that should meet the city's needs. Borton: Okay. Huber: As far as the cross-access between the two parcels, the parcel to the west, which is controlled by Brighton corporation, I think they have had some discussions previous to this regarding that and we plan to have that access parallel to Overland Road and I think that Mr. Smith is here tonight that could address that to you, if you're interested in that. Borton: Okay. Council, any -- Huber: Other than that one condition, we are in complete agreement with the staff report. Borton: Okay. Council, any questions of Mr. Huber? Bird: Not at this time. Borton: Thank you. Zaremba: Mr. President, I might ask Mr. Nary -- Borton: Mr. Zaremba. Zaremba: -- a question while Mr. Huber is still here. Would it be possible to sort of accept Mr. Huber's change, but to say that there must be a recorded cross-access and cross-parking for the entire subdivision, but the cross-parking can be waived on one lot for as long as Walgreens is there? Nary: Mr. President, Members of the Council, I guess we can do whatever you want to do. I don't -- I'm just more stuck in a quandary of enforcement. The only problem you have with cross-parking arrangements, if you don't have it, is look out your back door and you had across-parking arrangement that pre-existed. When that went away, they curbed up the parking lot and it makes it very challenging sometimes to deal with. You know, I guess we could certainly craft whatever your direction is on it, it just may become a problematic issue with dealing with enforcement. If Walgreens decides that they want to create a very small parking lot that serves their needs and doesn't allow for other ones and starts dealing with ticketing, booting, and other issues, you're going to have a problem. And I don't know how we are going to enforce that very well. Not that they are going to do that, but as you stated originally, it's forever. So, if you take that provision out, it may be problematic. I wasn't aware about what Winco -- what Mr. Meridian City Council March 20, 2007 Page 18 of 28 Huber said, so I don't know of the local Winco and if the arrangements that they have here is the same, so we can certainly model something after that. I just haven't had time to look at that. We could certainly look at something in that regard. It sounds like we might have done it already, so -- Zaremba: Thank you. Huber: Mr. Chairman, Members of the Council, I -- again, I don't think this is really a big issue. We certainly have not seen people booting cars in parking lots in shopping centers such as this. Everybody wants customers. But it's just -- there is a fine line there, a legal matter, that Walgreens and tenants like them will not allow -- well, they will not say -- will not welcome parking from other tenant parcels on their parcel. And how they enforce that I have no way of knowing and I don't think it's enforceable, really, at the end of the day. But they will not enter into across-parking agreement. Borton: Thank you. Huber: Thank you. Borton: This is a -- Zaremba: I'm song, Mr. President. Borton: Oh. Mr. Zaremba. Zaremba: That brings up one more question if I could ask Mr. Huber. Do they actually own that piece of property or are they leasing it from -- Huber: They are leasing it from us. Zaremba: Well, the owner of that property needs to do the cross-access agreement, not the lessee anyhow. Huber: Well, not in our lease. Zaremba: Okay. Thank you. Huber: Thank you. Borton: This is a Public Hearing and there are several people who have signed up to provide testimony. When I call your name if you would, please, come forward, state your name and address for the record. Matt Smith signed up for. Smith: Hello. My name is Matt Smith of Brighton Corporation. 12601 West Explorer Drive, Boise, Idaho. We met several months ago talking about this same issue. I mainly just want to talk about the access that was there. We are developing this area Meridian City Council March 20, 2007 Page 19 of 28 M here and when we came to look at this whole access all the way to Stoddard -- Stoddard Road comes to about here. We met with ACHD and we said what are the issues, what can we do to help improve this whole access point. We knew ACHD was going to widen this road. So, several things were amiss. A lot of these drives did not line up. We had some drives that were too close to Meridian. Roaring Springs is kind of a -- there is some danger there as they exit. So, we had a lot of issues there. As we coordinated with ACHD, they said if you could go and meet with all the property owners to Stoddard and try to match up everybody, as well as go ahead and take some of those away and move this access a little farther from Meridian and, then, if we could solve this issue with Roaming Springs, then, we'd have a pretty good setup on Overland to make the whole thing better. So, we met with everybody here. We were able to, with ACHD and with all the property owners, match up all these drives along the entire way to Stoddard. And, then, also we were able to put a -- we are going to put a signal in here to help solve the Roaring Springs issue. In order to do that -- this is where the Roaring Springs access currently is. That is going to be moved over to here and a signal will be in to allow that. In addition to that, we were able to work with Roaring Springs to grant to Boonbocks an access easement, year around, so that Boondocks could access to the signal and get out as well. So, it helps clean up this whole corridor and thing with White Leasure right here -- if you can put on their site plan for a second, Caleb. Just a second. They currently -- they had an access point here that matched up with this one across the street. What we were able to do is as we worked with them, instead of having them have an access and us have an access, we were able to move their access over, share an access point, as well as taking this access point and moving it to the west, just allowing more room, because right now where it was previously, it would get conflicted with the stacking area here. So, this really helped clean this up. One of the reasons that we are in favor of this as well is as we come across here what this would do is this would be -- require a large ramp to ramp up and our building sits here, which is kind of a loading area, which creates more of a danger for -- well, for drivers. So, bringing it up through here and here just seemed to make a lot more sense, as well as -- if you can go back to that aerial. With the signal that's here we are bringing this -- this road through to here now, so these pedestrians can come to this signal, as opposed to having to come all the way across here, it cuts it up in the middle, so that pedestrians can get out to Overland here. So, I would just vote in favor of go ahead and amending this development agreement to allow access to go here due to this -- what's happened to the entire street of Overland. It's really been cleaned up. Any questions? Borton: Thank you, Matt. Council, any questions? Bird: I have none. Borton: Thank you. Van Elg signed up for. Brian McGrath signed up against. Mr. McGrath? Okay. That's all the people that have signed up to provide testimony. Is there anyone else in the public that cares to provide testimony or comment on this application? Seeing none, does the applicant have any final comments or information to provide? Meridian City Council March 20, 2007 Page 20 of 28 r~ M Huber: No. Thank you, Mr. Chairman. We just wish that you would approve this application and in my letter that I handed out to you it does modify that one condition and I have provided language for you to put -- enter into the record there that says that there will be cross-parking between all the lots within the subdivision, with the exception of the Walgreens parcel. And there will be cross-easement amongst all of the parcels within the subdivision. Thank you. Borton: Thank you. Council, any additional information needed from the applicant or staff? Bird: Mr. President? Borton: Mr. Bird. Bird: Did Imiss -- or what was the -- what was the decision on the block wall on the south end? Borton: Mr. Huber, do you want to come forward and comment on that? Huber: There was no requirement in the staff report for a block wall. There is a significant grade change there and there is already an existing fence. We are going to provide 25 feet of landscaping at that location between those subdivisions. Gorton: Between that southern portion of your property? Huber: Correct. Correct. Bird: I took that as being -- but that's -- Huber: Thank you. Bird: Thank you. Gorton: Any other information needed, Council? Seeing none -- Zaremba: Mr. President, I would just comment that I think this is a good project. It would be good for the city. It's been anticipated for some time. I still have some discomfort with the lessee telling us what our rules need to be, but I feel the owner could enter into that agreement and most leases have a clause in them that if they have a statement that turns out not to be in compliance with laws, that that clause doesn't break the rest of the lease. It's not really a deal breaker for me, but I feel we should require the cross-access and cross-parking on all lots. Bird: Mr. President? Gorton: Mr. Bird. Meridian City Council March 20, 2007 Page 21 of 28 M M Bird: I agree, too. This is a welcome site out there on that comer after all these years and I have no problem with the Walgreens not having cross-access parking. I'm sure they are not going to mind if you park in their lot and go in and get a prescription or give a prescription off, then, walk across to McDonald's from their parking lot and have a hamburger. So, I don't see any problem with it. I understand it's a lease and I don't think it's the first one we have ever done. As long as they meet the requirements of their parking and they do that on every one of them, so I have -- that is no fear of mine at all. Rountree: You don't want to hear about me and Walgreens, Mr. President, but I don't disagree with what Mr. Zaremba said. Borton: I don't either. I don't either. I think Mr. Nary highlighted the problems that we create for coming years and decades by waiving that particular requirement. It would be something that would be required in a tease, because it's a particular value to the lease holder and one they wish to protect if it wasn't important to them I would imagine. It wouldn't be a deal breaker, but it's important to do it right on the front end, so -- Bird: Mr. President? Borton: Mr. Bird. Bird: To clarify my thoughts on that is if -- and most cross-access parking is -- cross- parking is because you don't -- each building don't have its own parking area. This one does. Every building meets the requirements of the city parking code. If they didn't, then, I'm sure the applicant would be out there talking to Walgreens, but -- and I would be the first if they didn't meet it -- if they all didn't meet it, I would be the first to say I wouldn't be in favor of it. If they all meet their parking liability and so it's -- to me I don't think we are setting a precedent for the city. I think it's already been set more than once and while I would prefer to have cross-parking, I don't have no problem with not having it. Gorton: The Public Hearing -- Huber: Mr. Chairman, may I make one more statement? Gorton: Mr. Huber. Huber: Addressing Mr. Zaremba's concern about them walling off their parking lot, they have across-access agreement, which will prevent that. There is always cross-access. Thank you. Borton: The Public Hearing is still open, Council. Zaremba: Mr. President? Meridian City Council March 20, 2007 Page 22 of 28 Borton: Mr. Zaremba. M Zaremba: I move we close the Public Hearing on MI 07-002 and PP 07-003. Bird: Second. Borton: It's been moved and seconded to close the public hearings on Item 15 and 16. All those in favor say aye. MOTION CARRIED: ALL AYES. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: After considering all staff, applicant and public testimony, I move that we approve MI 07-002 and PP 07-003 relating to Medina Subdivision, to include all staff comments, not modified. Rountree: Second. Borton: It's been moved and seconded to approve Items -- did you say Items 15 and 16? Zaremba: Fifteen and sixteen. Borton: Items 15 and 16. Bird: Did you have the PP 07-003? Borton: He did both. Bird: Did you change the condition on 1.2 --did you change the -- Zaremba: I believe I said both of them. Aren't they both open? Bird: Oh, you closed it. Rountree: Closed on both and moved on both. Borton: It's been moved and seconded to approve 15 and 16 without the -- Rountree: Without the modification. Borton: -- modification 1.2.7 with regards to the cross-parking. M Meridian City Council March 20, 2007 Page 23 of 28 Zaremba: That was my intent, yes. Borton: Okay. Second agrees? M Rountree: Second agrees. Borton: Okay. Any discussion? Seeing none, Mr. Berg, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 17: Public Hearing: AZ 06-058 Request for Annexation and Zoning of 38.01 acres from RUT (Ada County) to R-8 zone for SaAewood Subdivision by M & H Development, LLC - 4435 S. Meridian Road: Request to Withdraw Applications: Item 18: Public Hearing: PP 06-057 Request for Preliminary Plat approval of 115 single-family residential building lots and 6 common/other lots on 38.01 acres in a proposed R-8 zone for Saaewood Subdivision by M & H Development, LLC - 4435 S. Meridian Road: Request to Withdraw Applications: Item 19: Public Hearing: VAR 06-025 Request for a Variance to exceed the maximum block length allowed by UDC 11-6C-3F for Sa~aewood Subdivision by M & H Development, LLC -4435 S. Meridian Road: Request to Withdraw Applications: Borton: Items 17, 18 and 19 have been withdrawn by the applicant. Zaremba: Mr. President, I move we accept the withdrawal of Items 17, 18 and 19. Rountree: Second. Borton: It's been moved and seconded to accept the withdrawal of 17, 18, 19. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 20: Public Hearing: PP 06-060 Request for Preliminary Plat approval of 30 single-family building lots, 3 common lots and 1 other lot on 10.57 acres in a proposed R-8 zone for Sundial Subdivision by Gemstar Development -south of Ustick Road and west of Linder Road: Borton: Thank you. Item 20 has been requested to be continued to April 3rd, 2007. Meridian City Council March 20, 2007 Page 24 of 28 Rountree: Mr. President? Borton: Mr. Rountree. Rountree: I move that we continue Item 20, PP 06-060 to April -- what was the date they requested? 3rd. Borton: It's been moved and seconded to continue Item 20 to April 3rd. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 21: Public Hearing: AP 07-002 Request for City Council review in an Appeal of the Planning and Zoning Commission's denial of a Conditional Use Permit to allow a 200 square foot canvas carport in the O-T zone for Kelley Carport by Larry and Judy Kelley - 403 E. 2nd Street: Borton: Item 21 has been vacated during the adoption of the agenda. Item 22: Ordinance No. 07-1301 New Fireworks Ordinance - 2nd Reading: Borton: Item 22 is Ordinance No. 07-1301, second reading of the new fireworks ordinance. Mr. Berg. Berg: Thank you, Mr. President, Members of the Council. Ordinance 07-1301 by title only. An ordinance of the City of Meridian repealing Chapter 4, Title 5, of the Meridian City Code relating to fireworks, providing for a new Chapter 4, Title 5, to be known as the Meridian Fireworks ordinance, providing for a short title, definition, sales, storage, possession, and/or discharge of fireworks, inspection by the fire chief, permits for retail sales of non-aerial common fireworks, retail sales of non-aerial common fireworks, storage of non-aerial common fireworks, general provisions, liability of parents or guardians, violation and penalties, permits for public fireworks displays and public fireworks displays. Item 23: Executive Session per Idaho Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation): Borton: Thank you, Mr. Berg. Item No. 23. Rountree: Mr. President? Borton: Mr. Rountree. ~~~ Meridian City Council March 20, 2007 Page 25 of 28 C"J Rountree: I move that we go into Executive Session as per Idaho Code 67-2345(1)(a), (1)(b), (1)(c) and (1)(f). Zaremba: Second. Borton: It's been moved and seconded that we go into Executive Session. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. (Recess.) Item 6: Department Reports: A. Mayor's Office: 1. Appointment of Planning and Zoning Commissioner: Rountree: I move that we come back out of Executive Session to consider Item 8, I believe it was. Zaremba: Second. Borton: It's been moved and seconded to come out of Executive Session for the Department Report of -- Rountree: Item 6. Borton: Item 6-A. All in favor say aye. Zaremba: We may have lost Keith. I think he already went -- Rountree: We have got a quorum. Borton: All those in favor say aye. MOTION CARRIED: ALL AYES. Borton: Madam Mayor. I apologize. De Weerd: Okay. Yes, Mr. President -- well, I apologize. We have this March Against Meth going on right now and so I was walking down the road marching against meth. So, I apologize. Council, in front of you, you have my appointment recommendation for M Meridian City Council March 20, 2007 Page 26 of 28 M our Planning and Zoning Commission. We -- I'm sorry. Mike Rohm and I had interviewed Mr. O'Brien and he is our top pick for both Mike and myself. Mr. O'Brien lives south of the freeway, which is an area that we are starting to expand into and we felt very comfortable with the commitment and -- and we did not sugar coat it, we told him what the commitment would be and so Mr. O'Brien was not put off and so he comes highly recommended by us. I would ask if you have any questions, but He is aware it is a six year term and he's ready and willing to serve. Rountree: Madam Mayor, the only question I would have is he able to keep his eyes open at 2:00 o'clock in the morning. O'Brien: Been there. De Weerd: Mr. O'Brien, do you have anything you would like to add? O'Brien: Other than just honored and privileged I think to serve this community and I have been here for 30 years and watched it grow from six, seven thousand people up to where we are today and as she mentioned south of the freeway has always been an interest of mine, because that's where I have resided in the same place for all these years. And so interesting things that happened, like was presented tonight, things that are starting to be of concern across the freeway are concerns with me as well and I can only say that I can look around and watch things happen or I can get involved and that's what I want to do, I want to get involved, so I have got the time and I think I've got the knowledge to canyon, so that's all I have to say. De Weerd: Mr. O'Brien really has a diverse background as well. Has had experience with HP and he's also -- you were in the military as a -- O'Brien: I was a deputy in the military and law enforcement in Hawaii and also served as a part time policeman in southern California in Menlow Park PD in the Bay area before I -- when I was working in the Bay area in Menlow Park is where I was working at HP and I made a decision to do one or the other, so I stuck with HP. So, anyway, those are my experiences there. So, here I am. De Weerd: Well, Mr. O'Brien, I appreciate you being here and your wife. We will be using a lot of your time and we appreciate -- O'Brien: She's happy for that, by the way. De Weerd: And you know what, he shared that during the interview, too. You know, he did suggest that you highly encouraged him to do this. So, Council, I do have a recommendation in front of you and Iwill -- I would appreciate a motion to confirm this appointment. Zaremba: Madam Mayor? Meridian City Council March 20, 2007 Page 27 of 28 w De Weerd: Yes, Mr. Zaremba. M Zaremba: I move that we validate your nomination with great pleasure. Borton: Second. De Weerd: Okay. We have a motion and a second. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you so much. I just talked to staff. Will and our planning director, who is not here this evening, Anna Canning, will be getting in touch with you, so you can have a little acclimation before we throw you in the fire. O'Brien: That would be good. There is a I have a lot of questions. De Weerd: Well, very good. And if you don't hear from them, they will -- you call them. O'Brien: Okay. Berg: Here is my card. Item 23: Executive Session per Idaho Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation): De Weerd: Thank you, Will. Okay. Council, I would entertain a motion to adjourn into Executive Session. Rountree: Madam Mayor, I move to move my previous motion to go into Executive Session. Bird: Second. De Weerd: Okay. Well, we have a motion to a motion. Mr. Berg, will you, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Meridian City Council March 20, 2007 Page 28 of 28 M M De Weerd: Okay. Council, I would entertain a motion to come out of Executive Session. Zaremba: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Zaremba: So moved. Bird: Second. Zaremba: Second. De Weerd: All those in favor? Motion approved. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:24 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: r Je ~ ~~a~ ~ -. DATE APPROVED 4 3' °" e ~~ ~ `r, ~,-,, de Gr/CerGf ~ fha~ ~ = ,:.~.~ _ ?'4 TED: e ~~ ~ =, `~® ~~~gr,~4~1 I ~C. BERG JR., CITY CLERK \\ ''~~~I/!!II 1101111\\\\ • March 16, 2007 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT ITEM NO. ~-A REQUEST Approve Minutes of February 27, 2007 City Council Special Mee#ing AGENCY COMMENTS CITY CLERK: CITY ENGINEER: Cf1Y PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Ctiy of Meridian. ~ ~ March 16, 2007 AZ 06-062 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT Kendall Hoyd ITEM NO. 5-B REQUEST Findings of Fact and Conclusions of Law and Order for Approval: For Annexation and Zoning of 1.12 acres from RUT to a C-C zone for Hoyd Annexation - East of N Meridian Road and Norfh of E. Fairview 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 See Attached Findings Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Merldlan. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ~:, ~ ilk' . ~ ' ~ ~, Y` 4 ~~ r f"I~A tP fillF ~1 ~ {, ~ ~ ~ i~ z ~1~J~ IC):~l•1~:~ ~, ~~ ~ Y'3,~ ~.ylY ~p~~yg' °:-tN~4~iF'~4~3., R1': iii= '4 _ In the Matter of Annexation and Zoning of 1.12 Acres from RUT (Ada County) to C-C (Community Business District) for the Property Located on the Northeast Corner of N. Meridian Road and Carmel Drive (Parcel No. 51106336020), by Kendall Hoyd. Case No(s). AZ-06-062 For the City Council Hearing Date of: March 6, 2007 (Findings on the March 20, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 6, 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-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-062 • 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 parry requesting notice. 7. That this approval is subject to the Legal Description, Conceptual Site Plan, Building Elevations, Findings, and Development Agreement provisions, all in the attached Staff Report for the hearing date of March 6, 2007, incorporated by reference. The Staff Report is concluded to be reasonable and the applicant shall meet all applicable requirements of the application approval. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conceptual Site Plan as evidenced in Exhibit A of the attached Staff Report dated March 6, 2007, is hereby conditionally approved; and, 2. The applicant's Conceptual Building Elevations as evidenced in Exhibit A of the attached Staff Report dated March 6, 2007, are hereby conditionally approved; and 2. The applicant's request for Annexation with a C-C zone is approved subject to the Development Agreement provisions listed in Exhibit B of the attached Staff Report for the hearing date of March 6, 2007 incorporated by reference. D. Attached: Staff Report for the hearing date of March 6, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-062 • By action of the City Council at its regular meeting held on the ~ ~ ~ day of G1/1~1~ , 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_ I~~-G~ COUNCIL MEMBER JOE BORTON VOTED__~~~- COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~ COUNCIL MEMBER KEITH BIRD VOTED__~~ MAYOR TAMMY de WEERD VOTED '-~~ (TIE BREAKER) ee`' "`> Attest: ; ~~ ~'' ~~~° ~ `~~,~ `®o, ~.® ~ William G. Berg, Jr., Ci Cl ~ ~ ~ ~~' ~~ i~ ~~ ~®va Copy served upon Applicant, The Plaf~id~yg, ~~,pat~4ient, Public Works Department and City Attorney. By: <'J ~~ Gt.~ Gl''1 ~~/L-~`~ Dated: t"':~ - ZZ ~ '~ City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-062 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: March 6, 2007 Mayor & City Council Sonya Wafters, Associate City Planner (208) 884-5533 Hoyd Annexation "''~~~~a~„~,~~,,~~- , ~, AZ-06-062 Annexation and Zoning of 1.12 acres from RUT (Ada County) to C-C (Community Business District), by Kendall Hoyd. a ,. - ,; ;. ~ ~~ c,~.~~ ~,~t'~c~, ~~,. ~~1 ? ~ ~', q ~n~r~ r °~=# ~:~`, 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Kendall Hoyd, has requested Annexation and Zoning (AZ) approval of 1.12 acres from RUT (Ada County) to C-C (Community Business District). The subject property is located on the northeast corner of N. Meridian Road and Carmel Drive, approximately '/ mile north of Fairview Avenue. The subject property is within the City's Area of Impact and the Urban Service Planning Area. The applicant intends to construct a 14,000 square foot two-story office building on the site once the property is annexed and zoned. A conceptual development plan has been submitted with the annexation request that shows the location of the proposed building, parking, and an access drive going to the parcel north of the site for future cross-access. Conceptual elevations of the proposed office building have also been submitted. Staff is requesting that the applicant enter in to a Development Agreement that will include, among other provisions, that across-access agreement with the property owner to the north of the site be provided. 2. SUNIMARY RECOMMENDATION The subject Annexation and Zoning application was submitted to the Planning Department for review. Below, staff has provided a detailed analysis, comments, and recommended actions for the requested Annexation and Zoning application. By City Ordinance, the Planning & Zoning Commission makes a recommendation to the City Council on Annexation and Zoning applications. Any comments related to the Annexation application (AZ-06-062) will be included in the Commission's recommendation to the Council. Staff is recommending approval of the Hoyd Annexation (A2-06-062), as presented in the staff report for the hearing date of February 1, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions listed in Section 10. The Meridian Planning and Zoning Commission heard this item_on February 1, 2007. At the public hearing they moved to recommend anuroval. a. Summary of Commission Public Hearin i. In favor: Kendall Hovd (Anplicant/owner) ii. In ouuosition: None iii. Commentin~• None iv. Staff Aresentin~ application: Sonya Wafters v. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. Design of future buildine: appearance from Meridian Road• c. Kev Commission Changes to Staff Recommendation: i. None Hoyd Annexarion - AZ-06-062 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 d. Outstanding Issue(s) for City Council: i. The anulicant is reauired to submit a rear (Meridian Road) building elevation for Council's review. R, mmary of itv ounc'1 Pub is ea 'n : i. In favor: Kendall Hovd (Aunlicantl er) ii. In onnosition• None iii. Commenting: None iv. Written testimony None v. Staffnresenting anplication• nna Carmine vi. Other staff commenting on apnlication• None ,~, ev Issues of Discu cion by ounc'l: i. one .~, ev Council Change to o mic ion Reco m ndation• i. None 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ- 06-062 as presented in the staff report for the hearing date of March 6, 2007, with the following modifications: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-06- 062 as presented during the public hearing on March 6, 2007, for the following reasons: (you should state specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ- 06-062 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Parcel #51106336020 Generally located on the northeast comer of N. Meridian Road and Carmel Drive, in the S.W. % of Section 6, Township 3 North, Range 1 East. b. Property Owner of Record: Kendall Hoyd 10835 W. Treeline Court Boise, ID 83713 c. Applicant: Hoyd Annexation - AZ-06-062 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 Same as owner d. Representative: Kendall Hoyd (Owner/applicant) e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting approval to annex and zone 1.12 acres from RUT (Ada County) to C-C (Community Business District). h. Applicant's StatementlJustification (see Applicant's application and letter): After the property is rezoned, the applicant intends to build atwo-story office building of approximately 14,000 square feet in the southwest corner of the property. The property will have shared access with its neighbor immediately to the north and with required landscaping and open space should have approximately 55 parking spaces. Primary tenants will be Reality Building Design, Inc., a residential drafting firm, and Performance Engineers, Inc., a structural engineering firm. These businesses will occupy slightly over half of the building and the LLC that owns the building will be seeking similar tenants for the remainder of the space. Hours of operation will be standard business hours, from approximately 8:00 am to approximately 6:00 pm. 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 Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: January 15, 2007, and January 29, 2007 (Commission); February 12, 2007 & February 26 2007 (Gifu Councill c. Radius notices mailed to properties within 300 feet on: January 5, 2007 (Commission); February 2, 2007 (Gifu Councill d. Applicant posted notice on site by: January 17, 2007 (Commission); February 20, 2007 (Gifu Council 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: The properties to the north and south are designated as Commercial on the Comprehensive Plan Future Land Use Map. The property directly to the south is vacant and further to the south is a commercial childcare facility. The property to the north has an existing house and is zoned Rl in Ada County but is currently requesting annexation into the City with a C-G zone for an extension of the Hartz Music Shop use further to the north. The property to the east is designated High Density Residential and is developed with attached residential homes. The property to the west is designated Mixed Use - Community and is currently zoned RUT and has a rural residential home with a pasture on it. The properties in this area fronting N. Meridian Road are rapidly transitioning from rural residential to commercial properties. c. Adjacent Land Use and Zoning: 1. North: Single-family residence, zoned Rl (Ada County); further north, Hartz Music Shop, zoned L-O. Hoyd Annexarion - AZ-06-062 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 2. East: Single-family attached residences (La Playa Manor Estates) ,zoned R-8 3. South: Vacant, undeveloped land, zoned Rl (Ada County); further south, a commercial childcare facility, zoned C-C. 4. West: Single-family home & pasture on large parcel, zoned RUT (Ada County). d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is a City of Meridian sewer main in Meridian Road. Location of water: There is currently a water main in Meridian Road. Issues or concerns: A portion of this site is in the AE flood zone, any new building on this site would require elevation certification. Z. Vegetation: There are some existing trees on the subject property that should either be preserved or mitigated for at the time of development. 3. Flood plain: A small portion of this property at the northeast corner of the site along the Five Mile Creek is located within the floodway, in the AE flood zone. 4. Canals/Ditches Irrigation: None 5. Hazards: None 6. Proposed Zoning: C-C (Community Business District) 7. Size of Property: 1.12 acres f. Summary of Proposed Streets and/or Access: The Concept plan submitted with this application shows access being provided from Carmel Drive with no direct access to N. Meridian Road. A driveway is also shown at the north boundary for future cross-access with the property to the north. Staff is supportive of the proposed cross-access with the property to the north and the proposed access to Carmel Drive. Direct access to N. Meridian Road is not requested or approved with this application. Although they have not provided specific comments on the subject annexation application, ACHD generally restricts direct access to arterial streets and encourages combined access points as well. ACRD has provided general comments in Exhibit B that maybe applicable upon future development of the property. g. Landscaping: 1. Width of street buffer(s): Per City Code (LJDC Table 11-2B-3), a 25-foot wide landscape street buffer is required adjacent to N. Meridian Road, an arterial roadway. A 10-foot wide buffer is required along Carmel Drive, a locaUcommercial roadway. 2. Width of buffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 25-foot wide landscape buffer is required between C-C zoned property and residential uses. Currently, there are residential uses to the east and north of this site. However, an annexation application is currently in process for the property directly north of the site, owned by Matthew Hartz, to annex and zone the property C-G. If the annexation request is approved prior to the development of this property, the 25-foot wide buffer would not be required along the north boundary. Hoyd Annexarion - AZ-06-062 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 7. COMMENTS MEETING On January 12, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. All of the received comments are "standard" and have been included within this report. Once a development plan(s) is submitted, the applicant should be required to comply with the specific comments and conditions from all commenting agencies and departments. S. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property 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-C, which is consistent with the Comprehensive Plan designation for this site. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject 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, who currently shares resource and personnel with the Meridian Fire Department. - The lands are currently serviced by the Ada County Sherriff"s Department. If 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 (AChID). This service will not change. - The subject lands are currently serviced by the Meridian School District #2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted conceptual development plan, the applicant is proposing a single access to Carmel Drive and no direct access to N. Meridian Road, an arterial street. A driveway stub Hoyd Annexation - AZ-06-062 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 to the parcel to the north is also proposed for future cross-access out to Carmel Drive. City and ACFID staff are supportive of restricting direct access to arterial streets. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) North Meridian Road is designated as an arterial street. Carmel Drive is designated as a local/commercial street. By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Meridian Road and a 1 D foot wide buffer is required adjacent to Carmel Drive. These Landscape buffers will be required by the City with future Certificate of Zoning Compliance (CZC) approval. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is not specifically proposing to install any landscaping with the subject annexation application. However, in order to construct a building on this site the applicant will be required to install internal and perimeter landscaping. • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the city via the residential subdivision (La Playa Manor Estates) to the east. Sanitary sewer and water are available to this parcel. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed C-C zone, which allows office uses, does contribute to the variety of uses in this area which include: a music shop, offices, multi family homes, a grocery store, and other future commercial uses. Staff finds that the proposed zoning to C-C zone is harmonious with and in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on staff's analysis, other agency/department comments, and any other comments received regarding the appropriateness of zoning this site for commercial uses. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-C zoning district. Personal and Professional Services (offices) as well as healthcare or social services, flex space, financial institutions, education institutions, churches, indoor & outdoor entertainment facilities, etc., are listed as principal permitted uses in the C-C 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 Hoyd Annexation - AZ-06-062 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 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: AZ Application: Approval of the subject annexation application would allow the applicant to obtain a commercial zone which would allow for future professional office uses on the site. The applicant is requesting a C-C zoning designation rather than an L-O designation because the intended square footage (14,000 square feet) of the future building for this site exceeds the maximum building size allowed in UDC Table 11-2B-3 without design standard approval in the L-O zone. For this reason, the applicant prefers to annex and zone the property to the C-C zone and not go through design standard approval as required in the L-O zone as required for the intended size of the future building. Because the Comprehensive Plan designates this property as "Commercial" and not specifically "Office," staff supports the C- Czoning designation proposed by the applicant. According to current City Code, professional offices are principally permitted uses in the proposed C-C zone (UDC Table 11-2B-2). The proposed C-C zoning designation also complies with the Comprehensive Plan Future Land Use map designation of Commercial. The applicant has submitted a conceptual site plan showing how this site is proposed to develop with atwo-story, 14,000 square foot office building, parking and landscaping. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed concept plan with the Zoning Ordinance for C-C zoning, staff believes that the zoning of this site to C-C is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped on November 22, 2006 by Michael E. Marks, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Concept Plan: Staff is generally supportive of the submitted conceptual site plan for this property. However, some of the dimensions shown on the plan are not legible on the reduced copy submitted with the application. All parking areas, drive aisles, landscaping, buffers, sidewalks, lighting, signage, building height and building setbacks for this development should comply with the applicable provisions and dimensional standards set forth in the Unified Development Code. Building Elevations: The applicant intends to construct one 14,000 square foot, two-story office building on this site (see conceptual building elevations in Exhibit C). The applicant has submitted details of the intended construction materials for the future building as follows: "The majority of the exterior finish will be aone-coat-stucco-system with raised accents around windows and comers, while the bottom of the lower story will be finished in a cultured stone wainscot with a "stack-stone" appearance on all four sides of the building. All fascia and soffits will be a paintable fiber-cement or durable hardboard trim. The entry will be accented with a natural or painted heavy timber appearance. Roofing material will be a 40- year heavy architectural asphalt shingle in a slate or black shade. All exterior doors will be heavy commercial grade construction and fmish. Windows will be Energy Star®, low-E, color-coordinated heavy vinyl." Any new structure should be generally compatible in appearance and bulk with the elevations provided with the application attached in Exhibit C and the construction materials detailed above, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. Hoyd Annexation - AZ-06-062 pie '] • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 Access: The conceptual site plan shows this property being accessed from Carmel Drive, not Meridian Road. A driveway is also shown at the north boundary, which will provide future cross-access with the properly directly north of the site. As part of the Development Agreement for this site, the applicant will be required to grant a cross-access easement to the property directly to the north. (see Exhibit B). Direct access to N. Meridian Road is not proposed or approved with this application. Hours of Operation: In the applicant's submittal letter, the applicant states that the hours of operation for the proposed development will be standazd business hours from approximately 8:00 am to 6:00 pm. Staff is recommending as part of the Development Agreement that the hours of operation for future businesses on the site be limited to the hours between 6:00 am and 10:00 pm because of the existing residential uses east of the site. Landscaping: Meridian Road is classified as an arterial roadway; a 25-foot wide landscape buffer is currently required adjacent to arterial roadways. Carmel Drive is classified as a local road; a 10-foot wide landscape buffer is currently required adjacent to locaUcommercial roadways. There are existing residential uses to the east and north of the site; a 25-foot wide landscape buffer is required between C-C zoned property and residential uses (iJDC Table 11-2B-3). Note: The property owner to the nor-th cun~ently has an application in process to annex and zone the property directly to the north to a commercial zone. If this request is approved, a 25 foot wide landscape buffer along the north boundary will not be required. All landscape buffers will be required by the City with future CZC approval and shall be installed prior to issuance of Certificate of Occupancy. Flood plain: A small portion of this property at the northeast comer of the site along the Five Mile Creek is located within the floodway, in the AE flood zone. Because of this, any new building on this site shall be required to receive elevation certification. Parldng: For professional offices, pazking stalls aze currently required at the rate of one space per 500 s.f. of gross floor azea (UDC 11-3C-6B). There are 43 pazking stalls shown on the conceptual site plan; only 28 are required by ordinance. The pazking shown on the conceptual site plan meets and exceeds the requirements of the UDC. Cert~icate of Zoning Compliance: The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property. A copy of the recorded cross-access easement/agreement with the property owner directly north of the site shall be submitted to Planning staff prior to CZC issuance. Development Agreement: UDC 11-SB-3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the proposed use and proposed cross-access, 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 cleaz outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the Hoyd Annexation - AZ-06-062 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • Across-access easement to Carmel Drive shall be provided to the property owner to the north (Matthew Hartz). Prior to issuance of a Certificate of Zoning Compliance on this site, submit a recorded copy of said cross-access easement to the Planning Department. • The hours of operation for future businesses on the site shall be limited to the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts on the existing residences adjacent to the site. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • Any future building on the site shall substantially comply with the conceptual elevations and construction materials submitted to the City as shown in Exhibit A of the Staff Report. • The detailed site plan submitted with any CZC application on this site shall substantially comply with the conceptual site plan submitted to the City as shown in Exhibit A of the Staff Report. • The applicant shall be responsible for all costs associated with sewer and water service installation. • No direct lot access to Meridian Road shall be allowed to this site. • Upon development of the property, a minimum 25-foot wide landscape buffer shall be constructed along N. Meridian Road. The landscape buffer shall be placed on the subject property, in accordance with the UDC standards. • Upon development of the property, a minimum 10-foot wide landscape buffer shall be constructed along Carmel Drive. The landscape buffer shall be constructed in accordance with the UDC standards. • Upon development of the property, construct a minimum 25-foot wide landscape buffer adjacent to any existing residential uses which abut this site. • Sidewalks shall be installed along N. Meridian Road and Carmel Drive. • Any new building on this site shall be required to receive elevation certification. • The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. b. Staff Recommendation: Staff recommends approval of the subject application A2-06-062, with the Development Agreement provisions listed in Exhibit B of the Staff Report, for the hearing date of February 1, 2007. The Meridian Plannine and Zoning Commission heard this item on February 1, 2007. At the public hearing they moved to recommend auurovaL with the condition that a rear elevation be submitted for Council's review and aunroval at the public hearinE The eridian Citv Counc'1 heard i i em on March 6 2007 A he nub is hea 'n hev approved the iect A7, reaLe t 11. E~~TTS A. Drawings Hoyd Annexation - AZ-06-062 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 1. Vicinity Map 2. Conceptual Site Plan 3. Conceptual Building Elevations & Construction Materials B. Agency Comments 1. Planning Department 2. Fire Department 3. Police Department 4. Ada County Highway District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Hoyd Annexation - AZ-06-062 Page 10 ! i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 Exhibit A 1. Vicinity Map f ° m ~ Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 2. Conceptual Site Plan Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 6 3. Conceptual Building Elevations & Construction Materials (Rem Front Elevation: Side Elevation: Construction Materials• The maiority of the exterior Wish will be fiber-cement with raised Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 Exhibit B Agency Comments 1. PLANNING DEPARTMENT 1.1 The annexation legal description submitted with the application (stamped on November 22, 2006, by Michael Marks, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.2 Prior to the annexation ordinance approval, a Development Agreement shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888- 4433 within 6 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • Provide across-access easement to the property owner to the north (Matthew Hartz). Prior to issuance of a Certificate of Zoning Compliance for any new building on the site, provide a recorded copy of said cross-access easement. • The hours of operation for future businesses on the site shall be limited to the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts on the existing residences adjacent to the site. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • Any future building on the site shall substantially comply with the conceptual elevations and construction materials submitted to the City as shown in Exhibit A of the Staff Report. • The detailed site plan submitted with any CZC application on this site shall substantially comply with the conceptual site plan submitted to the City as shown in Exhibit A of the Staff Report. • The applicant shall be responsible for all costs associated with sewer and water service installation. • No direct lot access to Meridian Road shall be allowed to this site. • Upon development of the property, a minimum 25-foot wide landscape buffer shall be constructed along N. Meridian Road. The landscape buffer shall be placed on the subject property, in accordance with the UDC standards. • Upon development of the property, a minimum 10-foot wide landscape buffer shall be constructed along Carmel Drive. The landscape buffer shall be constructed in accordance with the UDC standards. • Upon development of the property, construct a minimum 25-foot wide landscape buffer adjacent to any existing residential uses which abut this site. • Sidewalks shall be installed along N. Meridian Road and Carmel Drive. • Any new building on this site shall be required to receive elevation certification. • The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. 2. FIItE DEPARTMENT 2.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works 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. 2.3 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. 2.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. Aturn-around shall be provided at the north end of property that meets the requirements of the Fire Department. 2.5 Private Alleys and 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. 2.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 2.7 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 2.8 Maintain a separation of 5' from the building to the dumpster enclosure. 2.9 Provide a Knox box entry system for the complex prior to occupancy. 2.10 Provide exterior egress lighting as required by the International Building & Fire Codes. 2.11 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. POLICE DEPARTMENT 3.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 3.2 Any interior fencing proposed along the creek shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4. ADA COUNTY HIGHWAY DISTRICT Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 4.1 District policy requires 96-feet ofright-of--way on arterial roadways (Figure 72-F1B). This right- of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. 4.2 District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). 4.3 District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. 4.4 Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 4.5 District policy 72-F4 (1) and 72-F4 (2), requires driveways located on commerciaUindustrial roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). 4.6 District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as curb- cut type facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. 4.7 Staff recommends that the applicant and/or representative schedule apre-application meeting with District Staff prior to design and submittal of a formal development application. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH I, 2007 Exhibit C Legal Description & Exhibit Map HaYD PR4PERTYE~ON E MERIDIAN A PARCEL OF LAND LQ+GATkC IIY THE SW 1l4 OF SECTION 8, TOWNSHIP 3 NORTH. l~AIVCaE 1 EAST, BCJISE MEFtIDIAN,1ulERiD1AN, ADA COUMY, IDAHO, fNORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MARKINf3 THE $W CORNER OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST,.6Ci1SE MERfdIAiV, THENCE N 00''25'30" W A DISTANCE OF 1004.09 FEET TO THE REAL POINT dF BEGUV[tE1NG; THENCE N 89°34'30° E A DISTANCE OF 735.70 FEET ALONG THE NORTH RIGHT QF-WAY OF EAST CARM13. DRIVE TO A POINT: THENCE 31.82 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS pF 35.00 FEET, A DELTA OF 52°05'30° AND A CHORD BEARING OF N 63°3145° E A DISTANCE OF 30.74 FEET TO A POINT: THENCE N 37°29`00" E A DISTANCE OF 48,64 FEET TO A POINT ON THE CENTERLINE OF FIVE MILE CHEEK; LEAVING SAID RIGHT-OF WAY AND ALONG THE CENTERLINE t7F FNE MILE CREEK; THENCE N 53° 14'27" W A Dl$TANCE OF 81.93 FEET TO A POINT; THENCE N 08°34"09° W A DISTANCE OF 224.11 FEET TO A POINT; LEAVING SAID CENTERLINE; THENCE S 88'25`12" W A DISTANCE OF 6.Z6 FEET TO A POINT; THENCE 800°25'30° E A DISTTNCE OF 94.26 FEET TO A POlWT; THENCE S 89°39'14° W A DISTANCE OF 197.81 FEET TO A POINT ON CENTERLINE OF IvoRTH IufERI®IAN ROAD; THENCE S 00°2~a`30° E A DISTANCE OF 230.26-FEET' TO THE REAL P01NT OF BEt31NNIN'G. V#-Y. 6Y `~ M y~%]RK '~~~ ~ Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH I, 2007 EXHIBIT °A" ~~s ~~~~ M~~~~~~~~u~ iMORKS CIE6°Y 3Pa-nh"w 628' I ~® esiw,swnv~ as.s kE~~'tD5'.pfiD uy;, ri ~'z7`tatw `slT bl' z 3DA1.' %~ 187.9_' ~„~~ aittSStlJfYC7 ~'~ n St lgE335T' ~ta'a<~I~tfl u •~ ~~ Ng "" ° M s,~r 0 },y~" Id 88' 9(LiU~ VJ'11t171~ fJiV iC. L~ s !~~2 r fAfs - R~t~lti5 -DELTA ~ 7~iIIR$ A~ARIIIt; FH~3F+6 e-r nor :fit L9p.. R111L LSL, R.tG ss ~a su ~ CHERRY LANE HOYD PROP'ER7Y LOCATED IPI SECTiQN 6, T.3 N., R.1 E., B.M. MERIDAIN, ADA COUNTY, IDAWO eta ~r~; ~ t /~ ~/oe a'_tgp~ ~0~ ~,a. Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 1, 2007 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-C. 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; The City Council finds that the proposed professional offices would be permitted uses within the requested C-C zone and would assist in providing service needs of the community. As mentioned previously, the applicant has submitted a conceptual development plan for this site. A detailed plan will be submitted with the CZC application. The City Council fmds that future development of this property should comply with the established regulations and purpose statement of the C-C zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City 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 maybe 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 City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (LJDC 11-SB-3.E). The City Council fmds 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 City Council fmds that Annexation and Zoning of this property to C-C would be in the best interest of the City, if the applicant enters into Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D • • March 16, 2007 AZ 06-057 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT Heron River Development, LLC ITEM NO. 5-C REQUEST Findings of Fact and Conclusions of Law and Order for Approval: Request for Annexation and Zoning of 9.91 acres acres from RUT to an R-15 zone for Jericho Subdivision 6055 8~ 6185 N. Jericho 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: COMMENTS See Affached Findings Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. C~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C~ In the Matter of Annexation and Zoning of 2.41 acres from RUT to R-4 and 7.89 acres from RLTT to R 15 AND Preliminary Plat Approval for 68 single-family building lots, 10 common lots, and 2 private street lots on 9.52 acres in the proposed R-4 and R 15 zones, for Jericho Subdivision, by $eron River Development, LLC Case No(s). AZ-06-057, PP-06-056, PS-06-008 For the City Council Hearing Date of: March 6, 2007 (Findings on the March 20, 2007, Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Flanning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-057, PP-o6-056, PS-o6-00$ (PAGE L of 4) • • 4. Due consideration has been given to the comment{s) received. from the governmental subdivisions providing services in the City of Meridian. planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of March 6, ZQQ7, incorporated by reference. The conditions aze 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, REVISED on January 18, 2007, by the City of Meridian, 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 Mazch 6, 2007, incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Twelve (l2) 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 } yeaz of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with l 1-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen {1$) months. Additional time extensions up to eighteen (1$) 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 Ci'IY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECiS10N & ORDER CASE NO(S). AZ-06-057, PP-06-OS6, PS-06-Oft8 (PAGE 2 of 4) ! • 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 ga through the platting procedure again. E. l~Totice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code d7-8003, 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 mare 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 maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 676521 ate 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 Cade. F. Attached: Staff Report for the hearing date of March 6, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OP LAW AND DECISION & ORDER CASE NO(S). AZ-06-057, PP-0fr056, PS-06-00$ (PAGE 3 of 4) • • By action of the City Council at its regular meeting held on the 2©~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_ ~~~ COUNCII. MEMBER JOE BORTON VOTED_y9~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~~~ COUNCIL MEMBER KEITH BIRD VOTED__ MAYOR TAMMY de WEERD VOTED "^~ (TIE BREAKER) Attest: `~~~ti ' i a ~~r a~ ~~ William G. Berg, Jr., City Clerk ~, .,,, ~p~ "ter ~~~ , ~~~ ~, ,. Copy served upon Applicant, The P1a,I~ap'drtment, Public Works Department and City Attorney. By: ~ 6~ ~ ~'1 ~~ ~ ~ Dated• a ~ ~- 22.-~9-1 City Clerk CITY OF MERIDIAN FIl~TDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-057, PP-06-056, PS-06-008 (P,AGE 4 of4) CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE I:O:~DATE OF MARCH 6, 2007 STAFF REPORT Hearing Date: 3/6/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208) 884-5533 SUBJECT: Jericho Subdivision • AZ-06-057 ~~ ~ crrv ~~ 1 II'Je1HU ~ ,.8b Annexation and Zoning of 9.91 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) and R-15 (Medium High-Density Residential), by Heron River Development, LLC • PP-06-056 Preliminary plat of 68 single family residential lots, 10 common lots, and 2 private street lots on 9.52 acres within the proposed. R-4 and R-15 zone • PS-06-008 Request to construct two private streets to access the proposed attached single family uzuts 1. SUlYIlYYARY bESCRIPTION OF APPLICANT'S REQUEST The Applicant, Heron River Development, LLC, has applied for Annexation and Zoning (A~ of 9.91 acres from RUT (Ada County) to R-4 and R-15 and Preliminary Plat (PP) approval of 68 residential lots, 10 common lots, and 2 private street lots on 9.52 acres. The subject property is located on the west side of Jericho Road, approximately 1/5 mile south of Chinden $oulevard in Section 30, Township 4 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Numbers 50530120600 and 50530120760. The subject site is within the City's Area of Impact and Urban Service Planning Area. This parcel has not been previously platted. 2. SUiMMARY RECOMMENDATION The Director is typically the final decision maker on a Private Street application; however, the City Council is the final decision making body on the annexation and preliminary plat applications. All of the subject applications are combined into one staff report. The Commission must make a formal recommendation to the Council on the annexation and preliminary plat applications. Although it is not on the agenda as a public hearing item„ the Gommission may also review and make recommendations regarding the private street application, as this application is key to the proposed development. The subject applications (AZ-06-057, PP-06-056, & PS-06-008) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis of the Applicant's request. Staff is recommending approval of proposed applications AZ-06-057, PP-06-056, and PS-06-008. NOTE: This item was continued from the December 7, 2006, Planning & Zoning Commission hearing. At that time, Staff recommended denial of Jericho Subdivision. Since the original hearing, the Applicant has made substantial changes to the preliminary plat. The Applicant initially requested approval for 73 residential building lots within the R-15 zoning designation. The layout Jericho Subdivision - AZ-06-057 / PP-06-056 / VAR 06-024 ! PS-06-008 Page 1 CITY QF MERIDIAN PI,ANNINARTMENT STAFF REPORT FOR THE HEDATE OF MARCH 6, 2007 now requests 6$ single family residential lots within the R 8 and R 15 zones. The Applicant also originally submitted a variance application for reduced rear yard setbacks for the attached townhouse units. However, the variance is no longer applicable to the new plat layout. The changes are detailed in the History of Previoas Actions in Secdon 6 below. Staff is now recommending approval of the pro3ect, with the changes mentioned herein. All of the information below is based on the updated preliminary plat. The Meridian Planning and Zoning Commission heard these items on December 7, 2006, and Februa 1 Z ~. At the Febra 1 2 7 nblic herrin the ' sion moved to r mmend approval to City Council. a. Summ of Commission Pablic Hearin : i. In favor: Becky McKay.(Agplicant's Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony 1Vone y. S esentin a lication: Aman Hess vi. Other Staff commen ' g oxt application- Caleb Hood Michael Cole b. ~ Issues of Discussion by Commission: i. The variance submitt with the a lication for reduced rear setbacks is no longer seeded as the revised lagout meets all of the City's dimensional standards u. Perimeter fencing -- the A licant wishes to coordinate fencing with the adjacent develouments. Arcadia Subdivision and Hightower Subdivision iii. Mitigation for existing trees on site c. Key Commission Changes to Staff Recommendation: i. The Applicant shall not be required to donate 50 trees to the local park. The number shall be as determin by the Meridian Parks Department d. Ou standin Issues for Ci Council: i. The report for the Planning & Zoning Commission did not include analysis or conditions regar uduig, the shar~/common driveways wifihin the proposed development. Analysis (Section 10) and Conditions (Exhibit B~regarding common driveways have been added for the benefit of the Applicant and City COU11G11 ii. Condition 1.2.3, which states that several lots within the proposed subdivision do not. meet the minimum required property size, is no lon er applicable as the Applicant has submitted an revised pre ' plat which now meets the size standards a. i. Favor: Becky McKay fA~licant's ~xesentative) ii. In Onnosition: None iii. ~omm,~ting=None iv. VYritten Testimony: None v. .S~ff Presenting=Application: Anna Canning vi. Other Staff Commentine on Atrolication: None b. Key T ones of Diaen_ don b~ onn il• i. one G i. None Jericho Subdivision - AZ-06-057 / PP-06-0561 VAR-06-024 / PS-06-008 Page 2 CITY' OF' MERIDIAN PLANN1hTO~ARTMENT STAFF REPORT FOR THE BATE OF IvIARCI-I 6, 2007 3. PROPOSED MOTYONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-06- 057 and PP-06-056 (PS-06-008 optional) as presented in the staff report for the hearing date of March 6, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers AZ-06-057 and PP-06-056 (PS-06-008 optional) as presented during the hearing on Mazch 6, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers AZ-06- 057 and PP-Ob-056 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 AddresslLocation: 6055 / 6185 N. Jericho Road Meridian, ID 83642 Section 30, T4N, R1E b. Owner: Heron River Development, LLC Wirt Edmonds 6223 N. Discovery Way, Suite 100 2297 N. Chandra Boise, ID 83713 Meridian, ID 83642 c. Applicant: Heron River Development, LLC 6223 N. Discovery Way, Suite 100 Boise, ID 83713 d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: It.UT (Ada County) f. Present Comprehensive Plan Designation: Mixed Use -Community /Neighborhood Center g. Description of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): REVISED January 18, 2007 2. Date of Landscape Plan (See Exhibit A): REVISED January 19, 2007 3. Building Elevations (See Exhibit A) h. Applicant's Statement /Justification: The proposed gross density of 7.14 dwellings per acre (8.56 d.u.lacre) of the project complies with the City's designation of Mixed Use -Community, which calls for densities between 3 and 15 dwelling units per acre. Jericho Subdivision - AZ-06-057 ! PP-06-056 !VAR-06-024 / PS-06-008 Page 3 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 6, 2007 The subdivision will provide a mix of housing types including a common mew with attached single family dwellings, and detached single family dwellings. The project will provide active and passive recreational opportunities for the residents. (Please see Applicant's submittal letter for more) 5. PROCESS FACTS a. The subject applications will, in fact, constitute an annexation and zoning, as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. b. The subject applications will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter S, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: November 20, 2006, and December 4, 2006 (Planning & Zoning Commission) February 1 Z. 2007, and February 26, 2007 (Gifu Council) d. Radius notices mailed to properties within 300 feet on: November 9, 2006 (Planning & Zoning Commission) February 9, 2007 (pity Council) e. Applicant posh notice on site by: November 27, 2006 (Planning & Zoning Commission) February 24, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): Two existing homes, several outbuildings, and vacant land. All existing structures will be removed from the site. b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, some of which has recently been proposed for residential and commercial development. c. Adjacent Land Use and Zoning: 1. North: Proposed Hightower Subdivision, zoned R-8, R-15, and C-C 2. East: Single family Homes in Westborough Subdivision, zoned R-2 3. South: Single family Homes in Arcadia Subdivision, zoned R-8 4. West: Proposed Hightower Subdivision, zoned R-8 d. History of Previous Actions: On December 7, 2006, Jericho Subdivision came before the Meridian Planning 8t Zoning Commission for hearing. ~ At that time, the Applicant requested Annexation and Zoning (AZ) of 9.91 acres from RUT (Ada Coumty) to R-15 (Medium. High-Density Residential and Preliminary Plat (PP) approval of 73 residential lots, 10 common lots, and 2 private street lots on 9.52 acres. Staff believed that the original layout did a poor job of taking into account the 1-acre parcels to the east, across Jericho Road in Westborough Subdivision. Staff recommended denial to the Commission of the original plat. Staff believed that single family detached homes should be constructed facing Jericho Road, and that the attached dwellings should be constructed internally Jericho Subdivision - AZ-06-057 / PP-06-0S6 / VAlt-06-024 ! PS-06-008 Page 4 CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HDATE OF MARCH 6, 2007 and towazds the northlnorthwest. Staff further believed that this recommendation would not only provide a suitable transition between the 1-acre lots in Westborough, the higher density lots in Hightower, and the neighborhood center commercial uses near Chinden Boulevard. The Applicant's representative has actively worked with neighbors and Planning Staff to submit a revised preliminary plat for Jericho Subdivision which more closely meets the goals and policies of the Comprehensive Plan and the UDC, and Staff's concerns as described above. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently a sewer main. in Jericho Road. Location of water: There is currently a water main in Jericho Road. Issues or concerns: 1) Pnblic Works is concerned that the proposed 5-foot setback does not leave adequate room for the installation and maintenance of the Joint trench utilities. The minimum setback for installation of these utilities, according to Vic Steelman (Joint Utility Coordwator for Idaho Power), is 8 feet. 2) The City Engineer requires all interior lot lines to have a 5-foot wide Public Utilities, drainage and irrigation easement dedicated along interior lot Woes. This will essentially nullify the 4-foot interior setback, and for all practical purposes, make it a 5-foot setback. 2. Vegetation: The Applicant has submitted an alternative compliance application for mitigation of the extensive number of existing trees presently on site. At this point, Elroy Huff, with the Meridian Parks Department, is working out the details with the Applicant's architect. No final decision has been made regarding the mitigation. However, Parks has stated that more trees should be installed within the subdivision than is currently proposed, and 50 or more trees should be donated to a local pazk. 3. Floodplain: NIA 4. CanalsJDitchesJIrrigation: Karnes Lateral and several drainage ditches. 5. Hazards: N/A 6. Proposed Zoning: R-4 & R-15 7. Size of Property: 9.91 acres f. Subdivision Plat Information: 1. Residential Lots: 68 2. Non-residential Lots: 0 3. Total Building Lots: 68 4. Commom Lots: 10 5. Other Lots: 2 (private streets) 6. Total Lots: 80 7. Open Lots: 0 $. Residential Area: ~ 6.3 acres 9. Gross Density: 7.14 units per acre 10. Lot Sizes: Between 2,300 and 8,725 sq. ft. The average lot size is approximately 6,400 sq. Jericho Subdivision - AZ-06-0571 PP-06-056 /VAR-06-024 / PS-06-008 Page 5 CITY OF MERIDIAN PT.ANNIN~PARTMENT STAFF REPORT FOR THE H[EsARI11CDATE OF MARCH 6, 2007 ft. g. Landscaping: 1. Width of street buffer(s): N/A 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 0.586 acres (6.15%) 4. Other landscaping standards: Landscaping adjacent to micropathways should comply with UDC 11-3B-12. Common, open-space lots should include at least one deciduous shade tree per $,000 square feet. (UDC 11-3G-3-EZ) h. Proposed and Required Non-Residential Setbacks: As per the R-4 and R-15 zone for detached single family dwellings. i. Summary of Proposed Streets and/or Access (public, private, common drive, etc.): Eight (8) detached single-family units will take direct lot access from an existing public street, Jericho Road, which currently connects with Chinden Boulevard. Jericho Road is currently classified as a collector roadway. However, a condition of approval for the Hightower access to Chinden $oulevard was that they apply to vacate Jericho Road, at the intersection of Chinden Boulevard. Staff anticipates that Jericho Road, which currently connects to Chinden Boulevard will be vacated, thus removing the Jericho Road / Chinden Boulevard intersection. NOTE: Hightower, LLC, has applied and been approved for vacation through the City of Meridian of the portion of Jericho Road that lies north of W. Hightower Drive and sough of State Highway 20 / 26. Two streets will be extended into the site to connect with the adjacent residential subdivision, Hightower Subdivision; one at the west property line and one at the north property line. These two accesses with serve the remaining development, to be zoned R-15. Two, 24-foot wide private streets are proposed within Block 2 to access the rear-loaded townhomes. NQTE: Staff received a final report from ACRD Staff on Tuesday February 27, 2007. The Conditions are updated in the staff report for the benefit of the Applicant and City ConnciL 7. COIVLIVIENTS MEETING On November 17, 2006, and January 26, 2007, Planning Staff held agency comments meetings. The agencies and departments present included: Meridian Public Works Department, Meridian Fire Department, Meridian Police Department, Meridian Parks 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 site is designated `Mixed Use -Community /Neighborhood Center' on the Meridian Comprehensive Plan Future Land Use Map. According to the Comprehensive Plan, the purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The following standards will serve as general guidelines for development in these Mixed Use areas: • All development within this designation will occur only under the Conditional Use Permit process, except the Mixed Use- Regional; • Where feasible, multi-family residential ases will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacem to State Highways 20-26 , 55 or 69; Where mixed use developments are phased, a conceptual site plan for the entire mixed use Jericho Subdivision - AZ-06-057 ! PP-06-056 / VAR-06-024 / PS-06-008 Page 6 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THTr HEDATE OF MARCH 6, 2007 area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; and • Where the project is developed adjacent to low or medium-density residential uses, a transitional use is encouraged. The following standards apply to the Mixed Use -Community Comprehensive Plan designation: • Up to 25 acres of non residential uses permitted within the Mixed Use - Commuruity areas as shown on the Future Land Use Map; • In Mixed Use -Community areas that are not Neighborhood Centers, over 25 acres of non- residentialuses shall be permitted (through the CUP process); • Up to 200,000 sq. $. of non residential building area; and • Residential density of 3 to 15 units /acre. The following standards apply to the Neighborhood Center /Mixed Use Cozxiprehensive Plan designation: • The designation shall provide a blend of high-density residential, small-scale commercial, entertainment, office, and open space uses; • Residential density not below eight {8) dwelling snits /acre; • Variety of housing choices; • Housing arranged in a radiating pattern of lessening densities; • Grid pattern within the neighborhood allows traffic to disperse, eases congestion, slows traffic, and is safer for resideirts; • Reduced right-of--way widths are encouraged; and • Open space must be provided. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1-Require that development projects have planuaed 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 to be annexed in the following manner: • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Of, jice. Once annexed the lands will be serviced by the Meridian Police Department (1V1PD). • The roadways adjacent to the subject lands are currently owned and' maintained by the Ada County Highway District (AChID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Flanning Department, Meridian Utility Billing Services, and Sanitary Services Company. Jericho Subdivision - AZ-06-0571 PP-06-056 !VAR-06-024 / PS-06-008 Pale 7 C1TY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEATE OF MARCH 6, 2007 • Chapter VII, Goal TV, Objective C, Action 10 -- Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The appdicantpraposes R-4 and R-15 zoning the subject development is located adjacent to lands zoned R-15, and is designated Mixed Use -Community /Neighborhood Center on the Comprehensive Plan Land Use Map. The proposed zoning designations of R-4 and R-1 S are consistent with the Map designation for this site. The subject application does propose a mix of single family attached and detached dwellings. Stag' does find that, if approved, the development will contribute to the variety of residential housing in this area. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Properties adjacent to the subject site vary in density and housing type. North and west of the site is Hightower Subdivision, a proposed mixed-use development with townhouse units, detached single family dwellings, and several commercial properties. The subject project does blend / transition weld with this development. East of the site are existing single family dwellings sited on one-acre lots in Westborough Subdivision. Staff believes that locating the 8,000+ square foot dots adjacent to Jericho Road does provide an appropriate transition to the one-acre parcels to the east. Neighbors have voiced approval of this revised layout, as well. For the above-listed reasons, Sta, f,~' finds that the proposal is generally compatible with surrounding developments. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Hightower Subdivision has provided the subject property with two stub connections one at the west property line and one at the north. The subject development will also use Jericho Road, an existing public street that connects several subdivisions in this area. • Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. As required, sidewalks will be constructed along all local streets which will offer means for bicycle and pedestrian travel. • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction of arty buildings, fencing should be constructed around the perimeter of this Jericho Subdivision - AZ-U6-057 / PP-06-056 / VAR 06-024 / PS-06-008 Page 8 CITY OF MERIDIAN PLANNINO~ARTMENT STAFF REPORT FOR THE HEATE OF' MARCl~ 6, 2007 site. Staff fonds that the zoning proposal is generally harmonious wlth the Future Land Use Map designation for this site, is harmonious wlth the surrounding area, and generally does meet the goals and policies of the Comprehensive Plan. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9.7.ANING ORDYNANCE a. Zoning Schedule of Use Control: UDC 11-2A-Z lists single-family attached and single-family detached dwellings as a Permitted Use in the R-4 and R-15 zones. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opporhuiities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: The Future Land Use Map designates this property as "Mixed Use -Community /Neighborhood Center." The requested zoning of R-4 and R-15 and net density of 8.56 dwelling units per acre for the proposed subdivision is consistent with said Comprehensive Plan designation. Per the Comprehensive Plan, Neighborhood Centers are intended to be developed with, at minimum, eight (8) dwelling units per acre. Staff believes that the mixed zoning designation, as proposed, is appropriate for this site. The annexation legal descriptions submitted with the application (prepared on September 14, 2006, by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Staff is supportive of the split-zoning of this property (R~ and R-15) and the redesign of the concurrent preliminary plat. All future uses on this property should not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, groperty, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, and should be constructed in accordance with City of Meridian ordinances in effect at the time of development. Special Considerations: Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA} with the City that may require some written commitment for all future uses. As there are no issues regarding annexation of the subject property which necessitate a Development Agreement, Staff believes that a DA is not needed fn this instance. All applicable conditions regarding the development of this property are contained in the preliminary plat approval. PRELINIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, Staff believes that this is a good location for the proposed single-family residential products. Staff also believes that the Jericho Subdivision - AZ-06-057 / PP-06-056 / VAR-Ob-024 / PS-06-008 Page 4 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEATE OF MARCH 6, 2007 design of the plat is in general conformance with the UDC. However, there are some significant UDC requirements that are not being met. Please see Exhibit B for conditions of approval and Exhibit D for detailed analysis of the required facts and findings for a preliminary plat. 1. Design: The Applicant is proposing 81ots that front on Jericho Road. Directly across Jericho are 1-acre lots in Westborough. The applicant's lots on Jericho are approximately 8,200 square feet. Staff believes that the revised plat layout does transition well to the 1-acre parcels to the east. Staff believes that single family detached homes should be constructed facing Jericho Road, and that the attached dwellings should be constructed internally and towards the north/northwest, as proposed. This does provide a suitable transition between the 1-aere lots in Westborough, the higher density lots in Hightower, and the neighborhood center commercial uses near Chinden Boulevard. 2. Access: the eight (8) residential lots within the portion of the development to be zoned R-4 will take direct driveway access to Jericho Road. North Morpheus Avenue and East Hidalgo Street are proposed to access the homes within the portion of Jericho to be zoned R-15. Said roads will connect with public stub connections provided by the I~ightower development. All of the internal public streets are proposed as 36-foot street sections and 5-foot wide attached sidewalks within 50 feet ofright-of--way. 3. Mew and Private Streets: On Block 2, the Applicant is proposing some attached, rear- loaded townhouses. Some of these townhouses front onto a common open area (mew) and some front on a public street. Two private streets are proposed within this development. The proposed private streets will serve as access to the attached lots within Block 2. The Applicant has submitted a Private Street application as required by UDC 11-3F-3. The Applicant is proposing to construct a 24-foot wide improved area for the private streets (20 feet of paving and 2 feet of ribbon curb on each side). At this time, the private streets do not have names. Amongst other private street requirements, the Applicant will have to certify that the Ada County Street Naming Committee will accept all private street names. No on-street parking should be allowed along or within the two private streets. Vehicles should be parked in garages, driveways, in any parking stalls provided off of the alley, or along public roads within the subdivision. The private roads should be signed as "No Parking" as per the Meridian Fire Department's comments. All private streets should be designed and constructed in compliance with the standards listed for Private Streets in UDC 11-3F. 4. Parking: UDC 11-3C-6A requires all townhouse dwellings with 2 or more bedrooms to have atwo-car garage plus a 20' x 20' parking pad to be sited in front of each garage. The Applicant must comply with the off-street parking requirements of the UDC and supply a 20' x 20' parking pad in front of each garage (or somewhere else on-site for each dwelling unit). Staff believes that there will be a significant parking problem in this neighborhood if this UDC standard is not met. 5 Common Divvewavs• Two shared drives shall be required within this development; between Lots 7 & 9. Block 1. and 27 & 28~Block 1. Per UDC 11-2A 3B-3, the street fro ere wlreme~ for two roe es sharin a common drive shall be a minimum of fifteen feet for each pr ne .UDC 11-6C-3D7 reanires setbacks, building envelo»es. and orientation of the lots and structures to be shown on the lat• buikdin setbacks sho d be measured from the ed e o the common drivewa easement or roe lines whichever is more restrictive Farther, UDC 11-3C-6 requires every single-famdy dw llin to have atwo-car ara a a 20' z 20' arldn ad on the lot. The as halt Jericho Subdivision - AZ-06-057 / PP-06-0S6 / VAR-06-024 / PS-06-008 Page 10 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE Hft~ATE OF MARCH 6, 2007 for the common driveway should not count towards the required parkins pad aria. Comply with all common driveway provisions listed in'UDC 11-6C-3D. 6. Elevations: The Applicant has submitted. building elevations for the proposed attached townhouse and single family detached structures. Although not required by code, Staff believes that the townhouse units generally comply with the design standards listed in UDC- 11-3A-19. The UDC requires that townhouses obtain CZC approval prior to construction. Staff will ensure that when CZC applications are submitted for construction of the townhouse units in the future, the elevations comply with the UDC requirements and aze consistent with the elevations provided. 7. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle--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. 8. Fencing: At the public heaving, the Applicant should state whether the e~sting fencing will remain or if alternate permane~ fencing will be installed around the perimeter of the subdivision. The Applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed. around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. 9. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross, or lie within the area being subdivided shall be covered. 10. Landscaping: The Applicant is proposing to set aside 0.586 acres (6.15% of the property) for landscaping and open space including, but not limited to, a micropathway and a centralized common area. All common areas approval as open space should be vegetated and usable by residents. Maintenance of all common areas should be the responsibility of the Jericho homeowners Association. 11. Alternative Compliance!'I'ree Mitigation: Per UDC 11-3B-10, any tree over 4" in caliper that is removed from the property should be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. There are an exceptionally large number of caliper inches of existing trees on site which the Applicant is proposing to remove or relocate. The Applicant has submitted an alternative compliance application for mitigation of the extensive number of existing trees presently on site. The Applicant does not believe installation of the equivalent number of caliper inches on site is feasible, as this would total 127 2-inch caliper trees. Required landscaping trees are not considered replacement trees for those that are removed. At this point, Elroy Huff, with the Meridian Parks Department, is working out the details with the Applicant. No final decision has been. made between Parks and the Applicant regarding the mitigation. However, Parks has stated that more trees should be installed within the Jericho Subdivision - Az-06-057 / PP-06.056 !VAR-06-024 / PS-06-008 Page 11 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE H~ARI~DATE OF MARCH 6, 2007 subdivision than are currently proposed, and 50 or more trees should be donated to a local park Staff is supportive of this plan. 12. Open Space /Amenities: The Applicant proposes to set aside 0.586 acres (6.15% of the • property) in landscaping and open space. Staff is supportive of the provision of central common area as an amenity, as it provides useable recreational opportunities for the residents. All common lots shall function as drainage areas shall be vegetated and usable by residents. Maiirtenance of all common areas should be the responsibility of the Jericho Homeowners Association. 13. E~tsling Strictures: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings should be removed ar relocated, prior to signature of the final plat by the City Engineer. b. Staff Recommendation: Based on the above analysis, Staff finds the AZ/PP/PS applications substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of the subject AZ/PP/PS applications with the conditions shown in Exhibit B. Staff received a final report from ACRD Staff on Tuesday February 27, 2007. The Conditions are updated in the staff report for the benefit of the Applicant and City Council. The Meridian Planning and Zoning Commission heard these items on December 7, 2006, and Februarv 1. 2007, At the Febraarv 1. 2007, unblic hearing thev Commission moved to recommend aAnroval to Citv Council. Thn ri ian_ _itv C'nnncil heard here items on ~~~~y'~A(f~ tAp~nnhl~r l~s.arino thef_'nnn i~ mpd ~i to Annroye t1!e IIUI~'t SDD~1C8tlOIIS. 11. EDITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (REVXSED January 18, 2007) 3. Landscape Plan (REVISID January 19, 2007) 4. Building Elevations B. Agency Comments 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settler's Irrigation District C. Legal Description D. Required Findimgs from Unified Development Cade Jericho Subdivision - AZ-06-057 / PP-06-056 / VAR 06-024 / PS-06-008 Page 12 CITY OF MERIDIAN pI,ANNING~ARTMENT STAFF REPORT FOR THE HEDATE OF MARCH 6, 2007 A. Drawings 1. Vicinity Map Exhibit A CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HE~DATE OF MARCH b, 2007 2. Preliminary Plat (REVISED January 18, 200'n ~ao•s°®ao'm®s~ au1 ~~ ~ am~'•a ~ $4 w•'a.•.ntie®OM~~!•alil ~ 1: a W iw~~ "°'°~i .aryw a•s 1VidAtlY~gisi•Md H ° - (t bCOIBIAIQHl18 r LL r ^ + ^ .~ o-. ~_ ~~ ~~~~~~~ ~~~ ~ t .H ~ ~~ ~~1Bgf~e~~l~~1 ~ ~ 011 ~~~~~~~~~~~~~~ ~ 1 ~ ~ ~•#l e,~d~ ~ d~ ~ ~~eg~1i~~}lli ~~ ~ ~ ~ ~~ ~ ~ I I loo •,~ ~ 1 1 ~~`~sl p~ i ,~~ ~ ~ ii 4 I~ I. I t 1 I I » .f ~ M ~ 4 ~! Od 'Lfi .YB ~ i NOL~IQ9QS ~' /Q~~LYt T t1) ti ; F• ~ ;1 ~C ~ ~ S •N ( S'Qs S~ 81 C~ ~~ ~ rlr~~ s.~ I p • q .« ~ ~•~ I Q . I '~- :' -° : R . f •` _ 6~ _.. s !s •~ R.. ~ ' • Sl p9a' G?Ir! q i ` ~_ -- .,__ . -- .~ s f a ^ I § Y ~ b: i i, - ' ' • 53 A I ' i} 1 a x 1 ~ I I Q ' ~ 1! ° ~ .,, 1 qwt~. A ; A j ' a j~ q ~ .w-f - •• sr ~ r _ . r p •N. .. - ~I h~ ~ ~ I ( • -. . - ~ ¢iL{Y1d.VA ~ f =~ ~~ g a 3 Exhibit A CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEATE OF MARCH 6, 2007 3. Landscape Plan Exhibit A CITY OF MERIDIAN PI.ANNING~ARTMEN'I` STAFF REPORT FOR THE HE~ATE OF MARCH 6, 2007 4. Building Elevations Exhibit A CJTY OF MERIDIAN PLANNJNG~ARTMENT STAFF REPORT FOR THE HATE OF MARCH 6, 20Q7 i., ., ,, Exhibit A ~_ .«...~...~..~+..p «. CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HATE OF MARCH 6, 2007 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 ANNEXATION GONIlVIENTS 1.1.1 The annexation legal description submitted with the application (dated September 14, 2006, and prepared by Terry Peugh, PLS) shows the property as contiguous to the e7cisting corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with, the City of Meridian ordinances in effect at the time of permit submittal. 1.2 SITE SPECIFIC REQUIREMENTS-PRELLIIV~NARY PLAT 1.2.1 The preliminary plat labeled as Sheet PRE, prepared by Engineering Solutions, and ~~ -1-~~9A-'~ undated January 18.2007, is approved with the conditions listed herein. 1.2.2 Dedicate and construct all public internal roadways to meet ACHD's road design standards. 1.2.3 Lots 3, 7,12, 16, 19, 22, 27, and 31, Block 2, do not meet the required minimum properly size for the R-15 zone. Increase the area of said lots accordingly to total, a mirnrnum, 2,400 square feet. 1.2.4 All townhouse dwellings with two or more bedrooms shall be required to have atwo-car garage plus a 20' x 20' parking pad to be sited in front of each garage. 1.2.5 All internal roads (private and public) shall meet the Meridian Fire Department's requirement o£ 28' inside ! 48'outside turning radius and be constructed in accordance with ACHD's requirements. Modify all applicable roads to reflect this requirement, if necessary. "No Parking Fire Lane" signs should be posted at all entrances /exits to the private streets. 1.2.6 All private streets shall be designed and constructed in compliance with the standards listed for Private Streets in UDC 11-3F. 1 2 7 Lots 7 9 27 and 28 Block 1 do not meet the min+-+*~um frontage standard for lots located can cul- de-sacs or street knuckles The Applicant shall indicate on the final plat that Lots 7 & 9, Block 1 and Lots 27 & 28 Block 1 will share common driveways The street frontage for two nronerties sharing a common drive shall be a minvnum of fifteen feet for each pranerty. Setbacks. building envelo sand orientation of the shall be shown on the lat or another exhibit submitted with the final plat application; building setbacks shall be measured from the edge of the common drivewa easement or prop lines whichever is more restrictive. Every sin e-family dwelling shall have a two carJ,~ge and a 20' x 20' parking pad on the lot• the asphalt for the common driveway s not count towards the r uir kin. ad ea. Co 1 with all common drivewa urovisions listed in UDC 11-6C-3D. 1.2.8 Provide Planning and Public Works Staff with an updated Preliminary Plat which lists the correct setbacks for the R-4 and R-15 zones and other applicable changes as listed in the conditions of approval for PP-06-056. 1.2.9 The landscape plan prepared by Harvest Design, on January 19, 2007, no label, is approved with the following xnodifications/notes: • Provide 0.586 acres (6.15% of the site) for landscaping and open space. • The proposed micropathway shall be constructed in accordance with UDC 11-3A-8. Provide, at minimum, a 5-foot concrete walkway within the micropathway. All landscaping adjacent to the pathways shall meet the requirements of UDC 11-3B-12. Exhibit B CITY QF MERIDIAN PLANNIN(3~ARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 6, 2007 • Per UDC 11-3A-7A-7b, all fencing adjacent to mieropathways shall be either four feet {4') in height, if closed vision, or six feet {6') tall if open vision fencing is used. Modify the applicable areas within the landscape plan to reflect this requirement. • Coordinate a definitive tree mitigation plan with Elroy Huff of the Meridian Parks Department prior to application far final plat. , • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. 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. All standazds of installation shall apply as listed in UDC 11-3B-14. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.10 All existing structures not meeting setbacks ar meeting the dimensional standazds of the UDC shall be removed prior to signature on the final plat by the City Engineer. 1.2.11 A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all townhouses within this subdivision. All townhouse units must substantially comply with the elevations submitted. NOTE: A CZC application may include multipleJall townhouses within the development. 1.2.12 Maintenance of all common areas shall be the responsibility of the Jericho Subdivision Homeowners Association. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalkslwalkways shall be installed within the subdivision and on Jericho Road pursuant to UDC 11-3A-17. 1.3.2 All lot lines common to a public right-of--way shall reserve a 10' utility easement. 1.3.3 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.a The City of Meridian requires that pressurised imgation 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, asingle-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 azeas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-2$. 1.3.5 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. 1.3.6 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. Rxhibit B CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HE~DATE OF MARCH 6, 2007 1.3.7 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. Coordinate a definitive mitigation plan with the Meridian Parks Department. 1.3.8 Staffs failure to cite specific ordinance provisions or terms of the approved annexation / preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.9 Preliminary plat approval. shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLiC WORKS DEt'ARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Hightower Subdivision. The Applicant shall install mains to and through this subdivision; Applicant shall coordinate main size and routing with the Public Works Deparhnent, and execute standard forms of easements for any mains that are required to provide service. Mini~oaum 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 Jericho Road. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The preliminary plat does not show water and sewer service being provided to the Mew lots fronting the open space. Prior construction plan approval all lots shall be serviced. If the mains are to be installed out of the right-of--way then a 20-foot wide easement shall be centered on the mains shall be dedicated to the City of Meridian. If these mains are not located wader improved surfaces, then a 14-foot wide all weather access road shall be installed to allow access to all manholes, valves, and blow-offs. 2.4 The minimum setback to any lot line containing "Joint Trench Utilities" shall be 8 feet. This condition has been coordinated with Vic Steelman, Joint Utility Trench Coordinator. 2.5 With the final plat the applicant shall dedicate 5-foot Public Utilities, Drainage and Irrigation easements along all interior lot lines not spanned by an attached unit. 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 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 apre-construction meeting. 2.9 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, asingle-paint connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will Exhibit B CITY OF ME.RII7IAN PLANNING~ARTMENT STAFF RETaORT FOR THE HEAR~DATE OF MARCH 6, 2007 be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.10 Per City of Meridian Code any pressurized irrigation pump station. proposed on this site shall be in a common lot dedicated to the owner of that facility. 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 n~essary 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 remaved 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 withim 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 drainage plan designed by a State of Idaho licensed azchitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking, areas, and private streets. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to develop~ooent plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.16 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.17 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.18 All development improvements, including but not limited to sewer, fencing, micropaths, pressurized irrigation, and landscaping shall be installed and approved prior to obtaining Certificates of Occupancy. 2.19 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. 2.20 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. 2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. Exhibit B CJTY OF MERIDIAN PI,ANNING~ARTMENT STAFF REPORT FOR THE HDATE OF MARCH 6, 2007 2.23 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. 2.24 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. 2.25 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. Ibis is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.26 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. ~. FIItE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. (International Fire Code Appendix C) 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the 1Vleridian Fire Deparboaent. 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. 3.4. Any roadway greater than 150 feet in length that is not provided with, am 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. 3.5 All entrance and internal public and private roads shall have a turning radius of 28' inside and 48' outside radius. 3.6 For all fire lanes, paint the curb red and provide signage "No Parking Fire Lame." Said signs should be posted at all entrances /exits to the private streets. 3.7 Operational fire hydrants, temporary or permaneirt street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 The proposed 68-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 197 residents at build out. Exhibit B CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HE~DATE OF MARCH 6, 2007 3.9 A portion of the facility or building hereafter constructed or moved into or within the jurisdiction is tuore 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). 3.10 The minimum rear setback for private street-accessed properties shall be 20 feet, as measured from back-of-curb to face-of-garage, for all 24-foot wide private streets. Private streets shall not be allowed to have speed bumps. 3.11 All entrances to the private streets from public streets shall provide a m;n;Trn~m twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. No parking shall be allowed on either side of the private street within fifty feet (50') of the entrance, as measured from the centerline of the private strut. 4. 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. 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. All micropaths and open areas shall have adequate lighting. 5. PARIGS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance ([JDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 Enclosure Numbers and or Capacity: There is a concern that you have not provided enough enclosures to meet waste generation points and volumes that may be generated by the proposed development. Please contact Bill Gregory at SSC (8$8-3999) to discuss this matter prior to issuance of Certificates of Zoning Compliance. 6.2 SSC will nat provide trash pick up services for homes utilizing conunon driveways, unless the developer installs a concrete pad at the end of all common drives no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the coxrunon driveway. 6.3 Provide a minimum 28' inside and 48' outside radius for all private streets, where they intersect a public street. 6.4 The Applicant shall provide a 35-foot concrete apron at all entrances to private streets. 7. ADA COUNTY HIGHWAY DISTRICT - 7.1 SITE SPECIFIC REQUIREMENTS 7.1.1 Construct Jericho Road as a 36-foot street section (measured back-of-existing-curb to back-of- Exhibit B CTTY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 6, 2007 new-curb) anal construct curb, gutter, and 5-foot attached concrete sidewalk within the existing right-of--wax, 7.1.2 Construct the internal public roadway as 36-foot street sections with curb, gutter, and 5-foot attached concrete sidewalks within 50 feet of right-of-waK 7.1.3 Locate no two internal local residential roadways within 125 feet of one. another. 7.1.4 Construct a stub street to the north, Morpheus Avenue, located approximatel~l l S feet east of the northwestern properly line (measured property line to centerline). This stub street is required to align with a proposed roadway within the Hightower Subdivision to the north of this site. A sign shall be installed at the terminus of th stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE Fi1TURE". This stub street exceeds 150 feet in length. and so a temporarx turnaround and street sign will be required if this street is constructed before the northern connection can be made. The Applicant is required to construct a temporary turnaround and provide an e~seznent to the public over Lot 1, Block 5, until such time as the connection is made, if and only if the northern connection is not made at the time of construction. 7.1.5 Co tract a stub street to the west, Hidalgo Street, located approximately 115 feet north of the southwestern property line (measured ~r~erty line to centerline). This_stub street is required to glim with a proposed roadway ithin the Hightower Subdivision to the west of this site. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". This stub street does not exceed 150 feet in length; therefore, no temporary turnaround is required. 7.1.6 Locate the two private alleys intersecting Morpheus Avenue and North Hood Avenue, as proposed. 7.1.7 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.6 Comply with the District's Tree Planter Width Interim Policy. 7.2.7 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 iz~ the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable Exkubit B CITY OF MERIDIAN PLANNIN~ARTIVIENT STAFF REPORT FOR THE HEARI~DATE OF MARCH 6, 2(107 requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building conshuction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The Applicant at no cost to ACRD 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 ACRD right-of--way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 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. 7.2.13 Any change by the Applicant in the planned use of the property which is the subject of this application, shall racluire the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTIVIENT 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. $.3 Run-off is not to create a mosquito breeding problem. 9. SETTLER°S IRRIGATION DISTRICT 9.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. The facility is the Karnes Lateral. Contact SID for any additional requirements. 9.2 A "Land Use Change" application must be on file prior to any approvals. 9.3 A license agreement must be singed and recorded prior to construction of any S>:D facilities, or within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settler's Irrigation District's Board of Directors. 9.5 All storm drainage must be retained an-site. 9.6 A pressure irrigation system must be provided to service all lots with irrigation water. Exhibit B CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HE~DATE OF MARCH 6, 2007 C. Legal Description ii~e~~lC7 i~o r~.vv~cc ~. Sf,J~RYEY surr~ Iso. . CjrR~UP . per. d~.1$4d~@5'-i t1 ~ + wI-s~ Praj~ctNo. 06-ild 14, ZQ4!r Jericha.,S~n I~$scrlpt!~a ''~ t-f1a~.b.~ I3~t 112 of the 1~ U4 of~e ~ ~I/~t'qf Sec#iam ~Q, TT, $.11i..1~'~,,> Ade.~, Ida ~~Y ,~ ~l~oars; . ' d ~, ~mt'ta:6ee~~e 19.3Q 29. ead ~ 1'~elcm. 30; fpm. wish ,:fly 114 casa~,aa~man<nn~~o l~ and 30 bags ~9~°51'4T°~ditest,, ~633;.9~ T! North ~9°S1'47' • Wei 1315.99 fed t~i.$~ lJl~' t~~tsr. ~too~o~ to ~d ion 1~ ~mm1.30; T,4~e Sontb 00°24°36" ~ 13Z'1'.~,2 .ta tbe' 1~B 1i16 aa~ m ~ Nartha~aet camp afAtcadia Sub~ivu„ ee ea~o~e ~ d im > ~ aft ae.P'~ 1IS02, of Acls C,o~y, ~o..saia p<,i~s :~l~ar. ~on~rr on'~rG, ~.fb~uth i;9°56'2~' '~~t,, 85,9.3 amt to t~ N~ ca~a~ of acid Aav~~ . c ~ ~d,lvaac~-t~mn~y.'A1~th 0o°1ft'~2" .~ts9'f~ ' .:3~,;ai4 t~e~ Q#'s curve to the rlg~ k~~inS $s~jus ~ofzo.oo ~~ , a abet a~ofs~3a~. e. eta f~ta~,as~'~~°o~„ .~~~~ 9~ ~°~4'11"' , 841.54 tQ a1~ an ~: t l~+e oftiza NvV'~~4 A1BI/4; ' , 'lice aluaag ~d Iiue t10°2~1'36" WeBi',~"/'8.~ fib ~ 1'oi~t of fie, ~ 991 a Cora or less. IdsS`cu~ r ~~ ®~~ 1 ~ ~~~~~~~ Prafee,siarisl La~»d 5e~rve~Y•a'r~ Exhibit G CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE H)rDATE OF MARCH 6, 2007 BASS f~F. BE'ARU+tG .-~ N 84'91`47" IM ,26~i,914' S.•t ~/"'~.-'~~ ~ _ E. ~^llNQ`f1~k. R,WiEVAR~ w C t~1s':` 519` X20 ~~, . ~ ix16:.66' ~5.~ ~ ~L3~8:94' +.. { :~c?SO~S_29 0 ~ ~ ~~ .~ fV ~. ~ N O ~.~ ~.. ~ i ~ ~ .~P SAD A~~~tON '~ y . ~ PRA >~ m s ~~~'2s-~ w. era. ~~~ Revl , P v~- ~>~v .~. OCT 1 ~~' ~ -' s~+~~~ I~s~~c`'.c e~ ~tir>EJs ~~ ~sr~ c-~. ePoC. oa.*A C1 ~?a~?A 31.x: 282I' N 45Ti~tlB' E B9~Sr37' 9CpZ.~ +'+2W' vPat .~. g,22;: > ~, ~ , :JERICHC~ ~T;3~D~L9~I4N ~o~as~Q ~~~~r~,i`r ~~~~~ -,, ~- ,~.~.. Exlu'bit C CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEDATE OF MARCH 6, 2007 D. Required Findings from Unified Development Code ].. 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 am annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone the subject property R-4 (Mediuzxt Low-Density Residential) and R-15 (Medium High-Density Residential). The Future Land Use Map designates this property as "Mixed Use -Community / Neighborhood Cemter." The Council finds that the requested zoning of R-4 and R-15 and net density of 8.56 dwelling units per acre for the proposed subdivision is consistent with said Comprehensive Plan designation. Per the Comprehensive Plan, Neighborhood Centers aze intended to be developed with, at minimum, eight (8) dwelling units per acre. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report, for detailed analysis. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis -- Annexation Analysis, Section 10, of this Staff Report. 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. However, Staff and the Commission recamxnend that City Council rely on any oral ar written testimony that may be provided when determining this finding. d. The map amendme~ 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 delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The Applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan; and this is a logical expansion of the City limits. In accordance with the findings listed above, The Council finds that Annexation and Zoning of this property to R-4 and R-1S would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 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. The Council supports the proposed density and proposed plat layout, Exhibit D CITY OF MERIDIAN PI,ANNIN~ARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 6, 2007 with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services can be made available to accommodate the proposed development. Please see Section 8 of the Staff Report above. c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; If approved, the developer will be installing sewer, water, and utilities for the development at their own cost. The Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public finandal capability of supporting services for the proposed development; Staff and the Commission recommend City Council rely upon comments from the public service providers (i.e., Police, Fire, ACf1D, etc.) to determine this fording. (See Exhibit B, Agency Comments and Conditions, 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 City Council's attention. ACRD considers road safety issues in their analysis. Staff and the Commission recommend that City 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 and the Commission are unaware. f. The development preserves signiilcant 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 that City 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. 3. Private Street Findings: a. The Design of the private street meets the requirements of this Article; The Applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11-3F-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, ar uses in the vicinity; and The Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as designed, with the modification outlined in this report. Exhibit D CITY OF MERIDIAN PI.ANNING~PARTMENT STAFF REPORT FOR THE HEA~DATE OF MARCH 6, 2007 c. The use and location of the private street shall not conflict with the Comprehensive Plan and/or the regional transportation plan. The Council finds that the location of the private streets do not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit D C March 16, 2007 PP 06-056 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT Heron River Development, LLC ITEM NO. 5-D REQUEST Findings of Fact and Conclusions of Law and Order for Approval: Request for Preliminary Plat approval of 73 residential units and 10 common lots on 9.52 acres in a proposed R-15 zone for Jericho Subdivision-6055 8~ 6185 N. Jericho Road. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Findings in AZ Packet Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Date: Phone: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • i a~, ~~' .. ,~ ' ~~~ ~{~ eta ~r~ (~ p t h ~~.,~~ s~;~, ~: + _F ML In the Matter of Annexation and Zoning of 2.41 acres from RUT to R-4 and 7.89 acres from RUT to R-15 AND Preliminary Plat Approval for 68 single-family building lots, 10 common lots, and 2 private street lots on 9.52 acres in the proposed R-4 and R-15 zones, for Jericho Subdivision, by Heron River Development, LLC Case No(s). AZ-06-057, PP-06-056, PS-06-008 For the City Council Hearing Date of: March 6, 2007 (Findings on the March Z0, 2007, Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 6, 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-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-057, PP-06-056, PS-06-008 (PAGE 1 of 4) • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 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 March 6, 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-SA 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, REVISED on January 18, 2007, by the City of Meridian, 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 March 6, 2007, incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the Applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-057, PP-06-056, PS-06-008 (PAGE 2 of 4) 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 maybe 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 March 6, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-057, PP-06-056, PS-06-008 (PAGE 3 of 4) :7 By action of the City Council at its regular meeting held on the ZD~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIItD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: ?it William G ,~ ~~ ~- c3° ,. '°® ' ~ .~ Berg, Jr., City Clerk ~ ~ ~ ~~ VOTED__~2`~.. VOTED_y~~- VOTED_~~~ - VOTED__ ~~ VOTED p,•~J.~e...~ Copy served upon Applicant, The Plai4'~ro~eD~pa°rtment, Public Works Department and City Attorney. By: l'1 C~.,ll ~ 1 ~, ti L ~ `E-~~~ Dated: ~ .~ ~- Z 2 ~"1 City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-057, PP-06-056, PS-06-008 (PAGE 4 of 4) • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 STAFF REPORT Hearing Date: 3/6/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208) 884-5533 SUBJECT: Jericho Subdivision • A~06-057 a~% ~~ ~~: ~~°~,° ~n~ li 1 ~~ ~' ~~r ~, ~osc~ r~~P~ P + i; Annexation and Zoning of 9.91 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) and R-15 (Medium High-Density Residential), by Heron River Development, LLC • PP-06-056 Preliminary plat of 68 single family residential lots, 10 common lots, and 2 private street lots on 9.52 acres within the proposed R-4 and R-15 zone • PS-06-008 Request to construct two private streets to access the proposed attached single family units 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Heron River Development, LLC, has applied for Annexation and Zoning (AZ) of 9.91 acres from RUT (Ada County) to R-4 and R-15 and Preliminary Plat (PP) approval of 68 residential lots, 10 common lots, and 2 private street lots on 9.52 acres. The subject property is located on the west side of Jericho Road, approximately 1/5 mile south of Chinden Boulevard in Section 30, Township 4 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Numbers S0530120600 and S0530120760. The subject site is within the City's Area of Impact and Urban Service Planning Area. This parcel has not been previously platted. 2. SUMMARY RECOMMENDATION The Director is typically the final decision maker on a Private Street application; however, the City Council is the final decision making body on the annexation and preliminary plat applications. All of the subject applications are combined into one staff report. The Commission must make a formal recommendation to the Council on the annexation and preliminary plat applications. Although it is not on the agenda as a public hearing item, the Commission may also review and make recommendations regarding the private street application, as this application is key to the proposed development. The subject applications (AZ-06-057, PP-06-056, & PS-06-008) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis of the Applicant's request. Staff is recommending approval of proposed applications AZ'06-057, PP-06-056, and PS-06-008. NOTE: This item was continued from the December 7, 2006, Planning & Zoning Commission hearing. At that time, Staff recommended denial of Jericho Subdivision. Since the original hearing, the Applicant has made substantial changes to the preliminary plat. The Applicant initially requested approval for 73 residential building lots within the R-15 zoning designation. The layout Jericho Subdivision - AZ-06-057 / PP-06-056 / VAR-06-024 / PS-06-008 Page ] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 now requests 68 single family residential lots within the R-8 and R-15 zones. The Applicant also originally submitted a variance application for reduced rear yard setbacks for the attached townhouse units. However, the variance is no longer applicable to the new plat layout. The changes are detailed in the History of Previous Actions in Section 6 below. Staff is now recommending approval of the project, with the changes mentioned herein. All of the information below is based on the updated preliminary plat. The Meridian Planninc and Zoninc Commission heard these items on December 7, 2006, and February 1 2007. At the February 1, 2007, public hearinc the Commission moved to recommend auuroval to City Council. a. Summary of Commission Public Hearin i. In favor: Bec McKay (Applicant's Representative) ii. In opposition: None iii. Commenting None iv. Written testimony: None v. Staff presenting application: Amanda Hess vi. Other Staff commenting on application: Caleb Hood; Michael Cole b. Kev Issues of Discussion by Commission: i. The variance submitted with the application for reduced rear setbacks, is no longer needed as the revised layout meets all of the City's dimensional standards ii. Perimeter fencing -the Applicant wishes to coordinate fencing with the adjacent developments, Arcadia Subdivision and Hightower Subdivision iii. Mitigation for existinc trees on site c. Kev Commission Chances to Staff Recommendation: i. The Applicant shall not be required to donate 50 trees to the local park. The number shall be as determined by the Meridian Parks Department d. Outstandinc Issue(s) for City Council: i. The report for the Planning & Zoninc Commission did not include analysis or conditions regarding the shared/common driveways within the proposed development Anal sy is (Section 10) and Conditions (E~ibit B) regardinc common drivew~s have been added for the benefit of the Applicant and City Council ii. Condition 1 2 3 which states that several lots within the proposed subdivision do not meet the minimum required pro erty size, is no longer applicable, as the Applicant has submitted an revised preliminaryplat which now meets the size standards a. i. In Favor: Becky McKay (Applicant's Reoresentativel ii. In Opposition: None_ iii. Commentine: None iv. Written Testimony: None v. Staff Presenting Application: Anna Carmine vi. Other Staff Commentine on Application• No__ne b. ICY Issues of Discussionbv Council: i. None c. Key Counc 1 Changes to Commission Recommendation: i. None Jericho Subdivision - AZ-06-057 / PP-06-056 / VAR-06-024 / PS-06-008 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-06- 057 and PP-06-056 (PS-06-008 optional) as presented in the staff report for the hearing date of March 6, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers AZ-06-057 and PP-06-056 (PS-06-008 optional) as presented during the hearing on March 6, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers AZ-06- 057 and PP-06-056 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: 6055 / 6185 N. Jericho Road Meridian, ID 83642 Section 30, T4N, R1E b. Owner: Heron River Development, LLC Wirt Edmonds 6223 N. Discovery Way, Suite 100 2297 N. Chandra Boise, ID 83713 Meridian, ID 83642 c. Applicant: Heron River Development, LLC 6223 N. Discovery Way, Suite 100 Boise, ID 83713 d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Mixed Use -Community /Neighborhood Center g. Description of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): REVISED January 18, 2007 2. Date of Landscape Plan (See Exhibit A): REVISED January 19, 2007 3. Building Elevations (See Exhibit A) h. Applicant's Statement /Justification: The proposed gross density of 7.14 dwellings per acre (8.56 d.u./acre) of the project complies with the City's designation of Mixed Use -Community, which calls for densities between 3 and 15 dwelling units per acre. Jericho Subdivision - AZ-06-057 / PP-06-056 / VAR-06-024 / PS-06-008 Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 The subdivision will provide a mix of housing types including a common mew with attached single family dwellings, and detached single family dwellings. The project will provide active and passive recreational opportunities for the residents. (Please see Applicant's submittal letter for more) 5. PROCESS FACTS a. The subject applications will, in fact, constitute an annexation and zoning, as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. b. The subject applications will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: November 20, 2006, and December 4, 2006 (Planning & Zoning Commission) February 12, 2007, and February 26, 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: November 9, 2006 (Planning & Zoning Commission) February 9, 2007 (City Council) e. Applicant posted notice on site by: November 27, 2006 (Planning & Zoning Commission) February 24, 2007 (City Council 6. LAND USE a. Existing Land Use(s): Two existing homes, several outbuildings, and vacant land. All existing structures will be removed from the site. b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, some of which has recently been proposed for residential and commercial development. c. Adjacent Land Use and Zoning: 1. North: Proposed Hightower Subdivision, zoned R-8, R-15, and C-C 2. East: Single family Homes in Westborough Subdivision, zoned R-2 3. South: Single family Homes in Arcadia Subdivision, zoned R-8 4. West: Proposed Hightower Subdivision, zoned R-8 d. History of Previous Actions: On December 7, 2006, Jericho Subdivision came before the Meridian Planning & Zoning Commission for hearing. At that time, the Applicant requested Annexation and Zoning (AZ) of 9.91 acres from RUT (Ada County) to R-15 (Medium High-Density Residential and Preliminary Plat (PP) approval of 73 residential lots, 10 common lots, and 2 private street lots on 9.52 acres. Staff believed that the original layout did a poor job of taking into account the 1-acre parcels to the east, across Jericho Road in Westborough Subdivision. Staff recommended denial to the Commission of the original plat. Staff believed that single family detached homes should be constructed facing Jericho Road, and that the attached dwellings should be constructed internally Jericho Subdivision - AZ-06-057 / PP-06-056 / VAR-06-024 / PS-06-008 Page 4 i ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 and towards the north/northwest. Staff further believed that this recommendation would not only provide a suitable transition between the 1-acre lots in Westborough, the higher density lots in Hightower, and the neighborhood center commercial uses near Chinden Boulevard. The Applicant's representative has actively worked with neighbors and Planning Staff to submit a revised preliminary plat for Jericho Subdivision which more closely meets the goals and policies of the Comprehensive Plan and the UDC, and Staff's concerns as described above. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently a sewer main in Jericho Road. Location of water: There is currently a water main in Jericho Road. Issues or concerns: 1) Public Works is concerned that the proposed 5-foot setback does not leave adequate room for the installation and maintenance of the joint- trench utilities. The minimum setback for installation of these utilities, according to Vic Steelman (Joint Utility Coordinator for Idaho Power), is 8 feet. 2) The City Engineer requires all interior lot lines to have a 5-foot wide Public Utilities, drainage and irrigation easement dedicated along interior lot lines. This will essentially nullify the 4foot interior setback, and for all practical purposes, make it a 5-foot setback. 2. Vegetation: The Applicant has submitted an alternative compliance application for mitigation of the extensive number of existing trees presently on site. At this point, Elroy Huff, with the Meridian Parks Department, is working out the details with the Applicant's architect. No fmal decision has been made regarding the mitigation. However, Parks has stated that more trees should be installed within the subdivision than is currently proposed, and 50 or more trees should be donated to a local park. 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: Karnes Lateral and several drainage ditches. 5. Hazards: N/A 6. Proposed Zoning: R-4 & R-15 7. Size of Property: 9.91 acres f. Subdivision Plat Information: 1. Residential Lots: 68 2. Non-residential Lots: 0 3. Total Building Lots: 68 4. Common Lots: 10 5. Other Lots: 2 (private streets) 6. Total Lots: 80 7. Open Lots: 0 8. Residential Area: ~ 6.3 acres 9. Gross Density: 7.14 units per acre 10. Lot Sizes: Between 2,300 and 8,725 sq. ft. The average lot size is approximately 6,400 sq. Jericho Subdivision - AZ-06-057 / PP-06-056 / VAR-06-024 / PS-06-008 Page 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 ft. g. Landscaping: 1. Width of street buffer(s): N/A 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 0.586 acres (6.15%) 4. Other landscaping standards: Landscaping adjacent to micropathways should comply with UDC 11-3B-12. Common, open-space lots should include at least one deciduous shade tree per 8,000 square feet. (iJDC 11-3G-3-EZ) h. Proposed and Required Non-Residential Setbacks: As per the R-4 and R-15 zone for detached single family dwellings. i. Summary of Proposed Streets and/or Access (public, private, common drive, etc.): Eight (8) detached single-family units will take direct lot access from an existing public street, Jericho Road, which currently connects with Chinden Boulevard. Jericho Road is currently classified as a collector roadway. However, a condition of approval for the Hightower access to Chinden Boulevard was that they apply to vacate Jericho Road, at the intersection of Chinden Boulevard. Staff anticipates that Jericho Road, which currently connects to Chinden Boulevard will be vacated, thus removing the Jericho Road / Chinden Boulevard intersection. NOTE: Hightower, LLC, has applied and been approved for vacation through the City of Meridian of the portion of Jericho Road that lies north of W. Hightower Drive and sough of State Highway 20 / 26. Two streets will be extended into the site to connect with the adjacent residential subdivision, Hightower Subdivision; one at the west property line and one at the north property line. These two accesses with serve the remaining development, to be zoned R-15. Two, 24-foot wide private streets are proposed within Block 2 to access the rear-loaded townhomes. NOTE: Staff received a final report from ACRD Staff on Tuesday February 27, 2007. The Conditions are updated in the staff report for the benefit of the Applicant and City Council. 7. COMMENTS MEETING On November 17, 2006, and January 26, 2007, Planning StafF held agency comments meetings. The agencies and departments present included: Meridian Public Works Department, Meridian Fire Department, Meridian Police Department, Meridian Parks 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 site is designated `Mixed Use -Community /Neighborhood Center' on the Meridian Comprehensive Plan Future Land Use Map. According to the Comprehensive Plan, the purpose of this designation is to identify key areas which are either inf 11 in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The following standards will serve as general guidelines for development in these Mixed Use areas: All development within this designation will occur only under the Conditional Use Permit process, except the Mixed Use- Regional; Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26 , 55 or 69; Where mixed use developments are phased, a conceptual site plan for the entire mixed use Jericho Subdivision - AZ-06-057 / PP-06-056 / VAR-06-024 / PS-06-008 Page 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; and • Where the project is developed adjacent to low or medium-density residential uses, a transitional use is encouraged. The following standards apply to the Mixed Use -Community Comprehensive Plan designation: • Up to 25 acres of non-residential uses permitted within the Mixed Use -Community areas as shown on the Future Land Use Map; • In Mixed Use -Community areas that are not Neighborhood Centers, over 25 acres of non- residential uses shall be permitted (through the CUP process); • Up to 200,000 sq. ft. ofnon-residential building area; and • Residential density of 3 to 15 units /acre. The following standards apply to the Neighborhood Center /Mixed Use Comprehensive Plan designation: • The designation shall provide a blend of high-density residential, small-scale commercial, entertainment, office, and open space uses; • Residential density not below eight (8) dwelling units /acre; • Variety of housing choices; • Housing arranged in a radiating pattern of lessening densities; • Grid pattern within the neighborhood allows traffic to disperse, eases congestion, slows traffic, and is safer for residents; • Reduced right-of--way widths are encouraged; and • Open space must be provided. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, 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 to be annexed in the following manner: • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Jericho Subdivision - AZ-06-057 / PP-06-056 / VAR-06-024 / PS-06-008 Page 7 • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The applicant proposes R-4 and R-1 S zoning, the subject development is located adjacent to lands zoned R-1 S, and is designated Mixed Use -Community /Neighborhood Center on the Comprehensive Plan Land Use Map. The proposed zoning designations of R-4 and R-1 S are consistent with the Map designation for this site. The subject application does propose a mix of single family attached and detached dwellings. Staff does find that, if approved, the development will contribute to the variety of residential housing in this area. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Properties adjacent to the subject site vary in density and housing type. North and west of the site is Hightower Subdivision, a proposed mixed-use development with townhouse units, detached single family dwellings, and several commercial properties. The subject project does blend / transition well with this development. East of the site are existing single family dwellings sited on one-acre lots in Westborough Subdivision. Staff believes that locating the 8, 000+ square foot lots adjacent to Jericho Road does provide an appropriate transition to the one-acre parcels to the east. Neighbors have voiced approval of this revised layout, as well. For the above-listed reasons, Staff finds that the proposal is generally compatible with surrounding developments. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Hightower Subdivision has provided the subject property with two stub connections one at the west property line and one at the north. The subject development will also use Jericho Road, an existing public street that connects several subdivisions in this area. • Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. As required, sidewalks will be constructed along all local streets which will offer means for bicycle and pedestrian travel. • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction of any buildings, fencing should be constructed around the perimeter of this Jericho Subdivision - AZ-06-057 / PP-06-056 / VAR-06-024 / PS-06-008 Page 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 site. staff finds that the zoning proposal is generally harmonious with the Future Land Use Map designation for this site, is harmonious with the surrounding area, and generally does meet the goals and policies of the Comprehensive Plan. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family attached and single-family detached dwellings as a Permitted Use in the R-4 and R-15 zones. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: The Future Land Use Map designates this property as "Mixed Use -Community /Neighborhood Center." The requested zoning of R-4 and R-15 and net density of 8.56 dwelling units per acre for the proposed subdivision is consistent with said Comprehensive Plan designation. Per the Comprehensive Plan, Neighborhood Centers are intended to be developed with, at minimum, eight (8) dwelling units per acre. Staff believes that the mixed zoning designation, as proposed, is appropriate for this site. The annexation legal descriptions submitted with the application (prepared on September 14, 2006, by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Staff is supportive of the split-zoning of this property (R-4 and R-15) and the redesign of the concurrent preliminary plat. All future uses on this property should 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, and should be constructed in accordance with City of Meridian ordinances in effect at the time of development. Special Considerations: Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. As there are no issues regarding annexation of the subject property which necessitate a Development Agreement, Staff believes that a DA is not needed in this instance. All applicable conditions regarding the development of this property are contained in the preliminary plat approval. PRELIT'IINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, Staff believes that this is a good location for the proposed single-family residential products. Staff also believes that the Jericho Subdivision - AZ-06-057 / PP-06-056 / VAR-06-024 / PS-06-008 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 design of the plat is in general conformance with the UDC. However, there are some significant UDC requirements that are not being met. Please see Exhibit B for conditions of approval and Exhibit D for detailed analysis of the required facts and findings for a preliminary plat. 1. Design: The Applicant is proposing 81ots that front on Jericho Road. Directly across Jericho are 1-acre lots in Westborough. The applicant's lots on Jericho are approximately 8,200 square feet. Staffbelieves that the revised plat layout does transition well to the 1-acre parcels to the east. Staff believes that single family detached homes should be constructed facing Jericho Road, and that the attached dwellings should be constructed internally and towards the north/northwest, as proposed. This does provide a suitable transition between the 1-acre lots in Westborough, the higher density lots in Hightower, and the neighborhood center commercial uses near Chinden Boulevard. 2. Access: the eight (8) residential lots within the portion of the development to be zoned R-4 will take direct driveway access to Jericho Road. North Morpheus Avenue and East Hidalgo Street are proposed to access the homes within the portion of Jericho to be zoned R-15. Said roads will connect with public stub connections provided by the Hightower development. All of the internal public streets are proposed as 36-foot street sections and 5-foot wide attached sidewalks within 50 feet ofright-of--way. 3. Mew and Private Streets: On Block 2, the Applicant is proposing some attached, rear- loaded townhouses. Some of these townhouses front onto a common open area (mew) and some front on a public street. Two private streets are proposed within this development. The proposed private streets will serve as access to the attached lots within Block 2. The Applicant has submitted a Private Street application as required by UDC 11-3F-3. The Applicant is proposing to construct a 24-foot wide improved area for the private streets (20 feet of paving and 2 feet of ribbon curb on each side). At this time, the private streets do not have names. Amongst other private street requirements, the Applicant will have to certify that the Ada County Street Naming Committee will accept all private street names. No on-street parking should be allowed along or within the two private streets. Vehicles should be parked in garages, driveways, in any parking stalls provided off of the alley, or along public roads within the subdivision. The private roads should be signed as "No Parking" as per the Meridian Fire Department's comments. All private streets should be designed and constructed in compliance with the standards listed for Private Streets in UDC 11-3F. 4. Parking: UDC 11-3C-6A requires all townhouse dwellings with Z or more bedrooms to have atwo-car garage plus a 20' x 20' parking pad to be sited in front of each garage. The Applicant must comply with the off-street parking requirements of the UDC and supply a 20' z 20' parking pad in front of each garage (or somewhere else on-site for each dwelling unit). Staff believes that there will be a significant parking problem in this neighborhood if this UDC standard is not met. 5. Common Driveways: Two shared drives shall be reauired within this development; between Lots 7 & 9, Block 1, and 27 & 28, Block 1. Per UDC 11-2A-3B-3, the street frontage requirement for two nrouerties sharing a common drive shall be a minimum of fifteen feet for each nroperty. UDC 11-6C-3D7 reauires setbacks, buildint envelones, and orientation of the lots and structures to be shown on the plat; buildins setbacks should be measured from the edge of the common driveway easement or nronerty lines, whichever is more restrictive. Further. UDC 11-3C-6 reauires every single-family dwelling to have atwo-car aara~e and a 20' z 20' narking pad on the lot. The asphalt Jericho Subdivision - AZ-06-057 / PP-06-056 / VAR-06-024 / PS-06-008 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 for the common driveway should not count towards the required parldng pad area. Comply with all common driveway provisions listed in UDC 11-6C-3D. 6. Elevations: The Applicant has submitted building elevations for the proposed attached townhouse and single family detached structures. Although not required by code, Staff believes that the townhouse units generally comply with the design standards listed in UDC- 11-3A-19. The UDC requires that townhouses obtain CZC approval prior to construction. Staff will ensure that when CZC applications aze submitted for construction of the townhouse units in the future, the elevations comply with the UDC requirements and aze consistent with the elevations provided. 7. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-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 azeas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Fencing: At the public hearing, the Applicant should state whether the existing fencing will remain or if alternate permanent fencing will be installed around the perimeter of the subdivision. The Applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. 9. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross, or lie within the area being subdivided shall be covered. 10. Landscaping: The Applicant is proposing to set aside 0.586 acres (6.15% of the property) for landscaping and open space including, but not limited to, a micropathway and a centralized common area. All common areas approved as open space should be vegetated and usable by residents. Maintenance of all common areas should be the responsibility of the Jericho Homeowners Association. 11. Alternative Compliance/Tree Mitigation: Per UDC 11-3B-10, any tree over 4" in caliper that is removed from the property should be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. There are an exceptionally lazge number of caliper inches of existing trees on-site which the Applicant is proposing to remove or relocate. The Applicant has submitted an alternative compliance application for mitigation of the extensive number of existing trees presently on site. The Applicant does not believe installation of the equivalent number of caliper inches on site is feasible, as this would total 127 2-inch caliper trees. Required landscaping trees aze not considered replacement trees for those that are removed. At this point, Elroy Huff, with the Meridian Parks Department, is working out the details with the Applicant. No final decision has been made between Parks and the Applicant regarding the mitigation. However, Parks has stated that more trees should be installed within the Jericho Subdivision - AZ-06-057 / PP-06-056 / VAR-06-024 / PS-06-008 Page 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 subdivision than are currently proposed, and 50 or more trees should be donated to a local park. Staff is supportive of this plan. 12. Open Space /Amenities: The Applicant proposes to set aside 0.586 acres (6.15% of the property) in landscaping and open space. Staff is supportive of the provision of central common area as an amenity, as it provides useable recreational opportunities for the residents. All common lots shall function as drainage areas shall be vegetated and usable by residents. Maintenance of all common areas should be the responsibility of the Jericho Homeowners Association. 13. Existing Structures: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings should be removed or relocated, prior to signature of the fmal plat by the City Engineer. b. Staff Recommendation: Based on the above analysis, Staff fmds the AZ/PP/PS applications substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of the subject AZ/PP/PS applications with the conditions shown in Exhibit B. Staff received a final report from ACRD Staff on Tuesday February 27, 2007. The Conditions are updated in the staff report for the benefit of the Applicant and City Council. The Meridian Planning and Zoning Commission heard these items on December 7, 2006. and February 1, 2007. At the February 1, 2007, uublic hearing they Commission moved to recommend approval to City Council. The Meridian Citv Council heard these items on arch 6.2007. At the public hea 'nom the ounc'1 moved o approve the Lbiest annli atinn. 11. EDITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (REVISED January 18, 2007) 3. Landscape Plan (REVISED January 19, 2007) 4. Building Elevations B. Agency Comments 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settler's Irrigation District C. Legal Description D. Required Findings from Unified Development Code Jericho Subdivision - AZ-06-057 / PP-06-056 / VAR-06-024 / PS-06-008 Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 A. Drawings 1. Vicinity Map ~'~ I - '~~ ~ I _ ~~~ .~ - - ~ _ .,~- I ~{ ~ ~ ""_~ a ---', f, ~ ~---~ ~~-- Q ti _ ~ i ~ f ~ ~ i ~, ~~ k __ -~_-._____..z~_~_ ~~___._ `._..4 ~~ , .. ~~ ~ ~,-. E, cwnlnau ®I.rrA c ,E ~~ ., t ~ ~.~~ ~ ~ w~ ~ .. ~,au~~ suaD• Q ~~ SUBJECT SITE ~`~ ~~, _.__ z G -- + ... ,, _ } i a s~ ~t 7 t -° '~ t;r131!~' r F , C '!, ~~ ~'--- 1 R"4 ~ - -~~~~.1 ~t~ _~..v~_.,~_ ~rocu~ oma NCsi'~IEEWIdC F=aa~' ~G~'~IIL ~7~67D~ Y 1~lVIY ue bt~zt. COGlp1'[~t} iN'i~g NW 1R~4l~~ 17iE Pfd 1t4 f~ !§~CT7d1~Y'36, Y4N., Ii.1E., 8141. t ~~-R 6?~Er 1:pF1 ~~~41~11~, /4QA C~r (~T~~ ~1.U I1~~~`J ~.~ , ~s rya, may Exhibit A ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 2. Preliminary Plat (REVISED January 1 S, 2007) am ~~m nm ooo'm mdwm°'Omoo~as °~ •~~OOm~ m+m a~aa tinmo®nNiaa~~ A ~ m mmm a ~m °~m° m •nuwm® a nae aZa a w~ Ltl1d Aab41aUT~6d ~ ~ ;, s W maomaaY mn®® ~y m, uem~ urm~,uo~ ~~ p ~~ ~, ~. n 4~g e~9 i~ ~~ g~~~~~~g9~~~ y~~~ U~~~~~tlk~~~d ~ ~~I~~~~~~~~~~~~ i ~ i j y~' ~ +~~~ ~4~ddd~~yyy,° I ~ , 0 V gee ~ ~ ~l~~~B ~; i~,,~ll~~ I. x''11 l0~ .~~~~ ~~~ x ~Ii~ ~~a i ~~9 ° ~ ~ ~. d ~~""r Ny ~- ~ ~ . I. ~ f sp x e a ~g _ g 3 ~ ~~ ~ ~'' `~ ~ 9 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR ©DATE OF MARCH 6, 2007 3. Landscape Plan Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 s ~ ~`T 'rt'I~V'c ., ~,.~grt.~!' ~ { .-,1 L'~~4~'i KJ ~Ti :-1 C.; Exhibit A 4. Building Elevations CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 `' - ~; Exhibit A CITY OF MERIDIAN PLANNIN•PARTMENT STAFF REPORT FOR THE HE DATE OF MARCH 6, 2007 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (dated September 14, 2006, and prepared by Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.2 SITE SPECIFIC REQUIltEMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet PRE, prepared by Engineering Solutions, and ~e~3F o~ updated January 18, 2007, is approved with the conditions listed herein. 1.2.2 Dedicate and construct all public internal roadways to meet ACHD's road design standards. 1.2.3 Lots 3, 7, 12, 16, 19, 22, 27, and 31, Block 2, do not meet the required minimum property size for the R-15 zone. Increase the area of said lots accordingly to total, a minimum, 2,400 square feet. 1.2.4 All townhouse dwellings with two or more bedrooms shall be required to have atwo-car garage plus a 20' x 20' parking pad to be sited in front of each garage. 1.2.5 All internal roads (private and public) shall meet the Meridian Fire Department's requirement of 28' inside / 48'outside turning radius and be constructed in accordance with ACHD's requirements. Modify all applicable roads to reflect this requirement, if necessary. "No Parking Fire Lane" signs should be posted at all entrances /exits to the private streets. 1.2.6 All private streets shall be designed and constructed in compliance with the standards listed for Private Streets in UDC 11-3F. 1.2.7 Lots 7, 9, 27, and 28, Block 1, do not meet the minimum frontage standard for lots located on cul- de-sacs or street knuckles. The Applicant shall indicate on the final plat that Lots 7 & 9 Block 1 and Lots 27 & 28, Block 1, will share common driveways. The street frontage for two rp operties sharinS a common drive shall be a minimum of fifteen feet for each rp operty Setbacks building envelopes, and orientation of the shall be shown on the plat or another exhibit submitted with the final plat application; building setbacks shall be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Every, single-family dwelling shall have a two-car garage and a 20' x 20' parking_pad on the lot• the asphalt for the common driveway shall not count towards the required Darking_pad area Comply with all common driveway provisions listed in UDC 11-6C-3D. 1.2.8 Provide Planning and Public Works Staff with an updated Preliminary Plat which lists the correct setbacks for the R-4 and R-15 zones and other applicable changes as listed in the conditions of approval for PP-06-056. 1.2.9 The landscape plan prepared by Harvest Design, on January 19, 2007, no label, is approved with the following modifications/notes: • Provide 0.586 acres (6.15% of the site) for landscaping and open space. • The proposed micropathway shall be constructed in accordance with UDC 11-3A-8. Provide, at minimum, a 5-foot concrete walkway within the micropathway. All landscaping adjacent to the pathways shall meet the requirements of UDC 11-3B-12. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 • Per UDC 11-3A-7A-7b, all fencing adjacent to micropathways shall be either four feet (4') in height, if closed vision, or six feet (6') tall if open vision fencing is used. Modify the applicable areas within the landscape plan to reflect this requirement. • Coordinate a definitive tree mitigation plan with Elroy Huff of the Meridian Pazks Department prior to application for final plat. , • A written certificate of completion shall be prepazed by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. 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. All standazds of installation shall apply as listed in UDC 11-3B-14. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.10 All existing structures not meeting setbacks or meeting the dimensional standazds of the UDC shall be removed prior to signature on the final plat by the City Engineer. 1.2.11 A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all townhouses within this subdivision. All townhouse units must substantially comply with the elevations submitted. NOTE: A CZC application may include multiple/a11 townhouses within the development. 1.2.12 Maintenance of all common areas shall be the responsibility of the Jericho Subdivision Homeowners Association. 1.3 GENERAL REQUIltEMENTS PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on Jericho Road pursuant to UDC 11-3A-17. 1.3.2 All lot lines common to a public right-of--way shall reserve a 10' utility easement. 1.3.3 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.4 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-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, asingle-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 azeas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.5 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. 1.3.6 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 1.3.7 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. Coordinate a definitive mitigation plan with the Meridian Parks Department. 1.3.8 Staff's failure to cite specific ordinance provisions or terms of the approved annexation / preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.9 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 Hightower Subdivision. 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 Jericho Road. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The preliminary plat does not show water and sewer service being provided to the Mew lots fronting the open space. Prior construction plan approval all lots shall be serviced. If the mains are to be installed out of the right-of--way then a 20-foot wide easement shall be centered on the mains shall be dedicated to the City of Meridian. If these mains are not located under improved surfaces, then a 14-foot wide all weather access road shall be installed to allow access to all manholes, valves, and blow-offs. 2.4 The minimum setback to any lot line containing "Joint Trench Utilities" shall be 8 feet. This condition has been coordinated with Vic Steelman, Joint Utility Trench Coordinator. 2.5 With the final plat the applicant shall dedicate 5-foot Public Utilities, Drainage and Irrigation easements along all interior lot lines not spanned by an attached unit. 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 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 apre-construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (iJDC 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, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 be responsible for the payment of assessments for the common azeas prior to signature on the final plat by the City Engineer. 2.10 Per City of Meridian Code any pressurized irrigation pump station proposed on this site shall be in a common lot dedicated to the owner of that facility. 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. 2.1 Z Meridian Public Works specifications do not allow any lazge 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 drainage plan designed by a State of Idaho licensed azchitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking, azeas, and private streets. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standazds and policies. OfF site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regazding Shallow Injection Wells. 2.16 Street signs aze to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.17 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.18 All development improvements, including but not limited to sewer, fencing, micropaths, pressurized irrigation, and landscaping shall be installed and approved prior to obtaining Certificates of Occupancy. 2.19 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. 2.20 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. 2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 2.23 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. 2.24 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. 2.25 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. 2.26 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 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. (International Fire Code Appendix C) 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %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 comers 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. 3.4. 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. 3.5 All entrance and internal public and private roads shall have a turning radius of 28' inside and 48' outside radius. 3.6 For all fire lanes, paint the curb red and provide signage "No Parking Fire Lane." Said signs should be posted at all entrances /exits to the private streets. 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 The proposed 68-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 197 residents at build out. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 3.9 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). 3.10 The minimum rear setback for private street-accessed properties shall be 20 feet, as measured from back-of-curb to face-of-garage, for all 24-foot wide private streets. Private streets shall not be allowed to have speed bumps. 3.11 All entrances to the private streets from public streets shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. No parking shall be allowed on either side of the private street within fifty feet (50') of the entrance, as measured from the centerline of the private street. 4. 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. 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. All micropaths and open areas shall have adequate lighting. 5. PARKS DEPARTMENT 5.1 Standazd for Mitigation of trees: The standazd 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 standazd established in the City of Meridian Landscape Ordinance (iJDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 Enclosure Numbers and or Capacity: There is a concern that you have not provided enough enclosures to meet waste generation points and volumes that may be generated by the proposed development. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to issuance of Certificates of Zoning Compliance. 6.2 SSC will not provide trash pick-up services for homes utilizing common driveways, unless the developer installs a concrete pad at the end of all common drives no more than five (5) feet behind the sidewalk. The pad shall be of sufficient azea to accommodate the receptacles of the residences that take access from the common driveway. 6.3 Provide a minimum 28' inside and 48' outside radius for all private streets, where they intersect a public street. 6.4 The Applicant shall provide a 35-foot concrete apron at all entrances to private streets. 7. ADA COUNTY HIGHWAY DISTRICT - 7.1 SITE SPECIFIC REQUIREMENTS 7.1.1 Construct Jericho Road as a 36-foot street section (measured back-of-existing-curb to back-of- Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 new-curb) and construct curb, gutter, and 5-foot attached concrete sidewalk within the existing ri t-of--way, 7.1.2 Construct the internal public roadways as 36-foot street sections with curb gutter and 5-foot attached concrete sidewalks within 50 feet of ri t-of-wad 7.1.3 Locate no two internal local residential roadways within 125 feet of one another 7.1.4 Construct a stub street to the north, Morpheus Avenue located approximately 115 feet east of the northwestern property line (measured property line to centerline) This stub street is required to align with a proposed roadway within the Hightower Subdivision to the north of this site A sign shall be installed at the terminus of the stub street stating that "THIS ROAD WILL BE EXTENDED IN THE FLJTIJRE". This stub street exceeds 150 feet in length and so a temporary turnaround and street sign will be required if this street is constructed before the northern connection can be made The Applicant is required to construct a tem~ary turnaround and provide an easement to the public over Lot 1 Block 5 until such time as the connection is made if and only if the northern connection is not made at the time of construction 7.1.5 Construct a stub street to the west Hidalgo Street located approximately 115 feet north of the southwestern rp operty line (measured rp operty line to centerline) This stub street is required to align with a proposed roadway within the Hightower Subdivision to the west of this site A sign shall be installed at the terminus of the stub street stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". This stub street does not exceed 150 feet in length• therefore no temporary turnaround is required. 7.1.6 Locate the two private alleys intersecting Morpheus Avenue and North Hood Avenue as proposed. 7.1.7 Comply with all Standard Conditions of A rpp oval• 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.6 Comply with the District's Tree Planter Width Interim Policy. 7.2.7 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. 7.2.8 The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees aze required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The Applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The Applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spaze or filled) aze compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant or the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities aze submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. SETTLER'S IRRIGATION DISTRICT 9.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. The facility is the Karnes Lateral. Contact SID for any additional requirements. 9.2 A "Land Use Change" application must be on file prior to any approvals. 9.3 A license agreement must be singed and recorded prior to construction of any SID facilities, or within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settler's Irrigation District's Board of Directors. 9.5 All storm drainage must be retained on-site. 9.6 A pressure irrigation system must be provided to service all lots with irrigation water. Exhibit B ! ~- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 C. Legal Description IdAMt'~ ~uRd ~~QU PrajeatAto. (3~'-I16. 1450 Easel+Vatartcwar 5t. 5a~tt~ Ib0 Meri~€an, lttaha 83642 Phflne (208} Bob-~7C? E~4-S399 September 14, 2~fD Annexaton.D~crtpt€~n A ~arc~l of 1and,Pted ~n the last 1f2 of the NVV' i14 etf tlts 114 of SecY,ian ~~, ~'., R1E„ H.IVI,, Ade,.Cau~y'~ Idako, mo~,p~aortiealarly desctx`t~ed ass faIlows ` at ate carnet car~aa~#+~ Suns 19, 20, 29m and the sa€ct:~Ctian 3+d, from ~rb%ch the 114 com~rr,eommon to. said Sections 19 and 3b bears Nc~rtlt ~9°51'47'~ Vest, 2b33.9t5 feet;, Th~tcs ATorth g9°#1'47'" We~st,13 Y6.99 feet to the. East 1f16 comer common ttti said Seatians 19 and 3pg Thiaaee South dtJ~9'3G"'pest, X327.42 #eet tss thin ~E 1fi6 coated comstton tc~ the Northeast comer oFArcadia Subd~vtsi+~n, as same.is recorded is Book 94 of Plats at Fage 1151)2, reeards of Ada (;aunty, Idah®, said poiuzt ~e.~~ poor vF sl~c~~. 't'hence Sa~utff:;89°58'2" `West, 659.32 feet to the Northwe;;t coffer efsafd iii.. ~i;risi~; lhsnce departing said Nortls boundary North tl0°1~'22" 6tS1.39 feet; 3 ~ o~ faQt slang the arc of a curve to the right, having a radius of 2q.fl~{3 feet, a ceti4rat angle ofS9°57°32'; e~ s long chord bearinglwTartlt 45°17'x8" 1ast,.28.77 Thence Sontb. $9°44' 11'~ ~,ast, fi41 S4;feet to a paint on the: l3asst line ofthe lVlf4 ~f late NEll4~ 'Y~hence along said line South ©29'36" West+ G78ofl6 feet. tra the I'gint of Heginui~~ Ccir~ainin~ 9.91. acres, mare or less. ~pvA{. n~ ~ ~ ~~~ti~ ~~ Esc ~P 13y: Idaho Sun+'eyGroup, F,C: ,• , ~,~ 9~ ~Y :b. TerryPcugh, PLS Il~rofess`irarr~l Land ~as~~~y~rs Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA • DATE OF MARCH 6, 2007 Cr .~ s--ea-edra~av~ ~~~~~ ~~~~-~C)N Ra x.79 i J~1JX-~ _`` ° ~°- _ -~i'~1y~--~-- - -z _ E CHIIV~~! B~U9.EVARa9 - ®~ E i/t6 _S.t9 -5.20 S.3d ?376.x' t31$.9?3' 5..3D~5:24't n a ~ti~ ~~ ~~teC~rP~ ~E ~ '+ 5339'44'? 7' ~ ~T 58' g BAyJS J]F BEAJ21Af~ _. ~) 69si'47' V1 263y3,9~n' s ~~ ~e'~a° w sss,~s~ ~~ c~~~"~ t/aJy seas Pc~Nr e~a~tasrwc t~v _ - qGT ~ ~a m,;_. C~tE,4~IkN ^~~~!`° U`~t!5~?<S ~ `~" S*J&i R^m2i+D' ~~ ~~ ~~~~ t'URJ€ RALUUS L~."3iT±1 %.~1(IR[8 A~.4'T, CF1CIId6] 1~G. 6F1.'A Ci 2~1.t'~ 31,E ~.2] N 4~s'17'4RB' E 9957`3?' ~,~ ~~,.,~ JE~tIC~It~ Si~'BDIY'IO1V' ~Jfl~Jrl~hi~a~~FO 512,37 PR~PQSE~J ~}IERI@~lAf~ ANM~XAIi~J~J ~~J~n~sJ~ SNEf'f 1 of 1 1,41Las1~ IN TFF_ NC f f4 Gf 4'~CttS1-J. 3D, 3..kA1; JJ.ti~,, &~? ~5n €- ~>~'ENS ST~J:ET, SidR~ 1sv9?a+au.1~G- A9~It24AN, AGA t3JPN1'1; t3}>Sti~J E$i6LE metro es~;e ~ auB-egro as tmau ss®-'eats ~ I N ~ a sr A p x ~~ '~ m z ~'sn 4 ~~ Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 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 the subject property R-4 (Medium Low-Density Residential) and R-15 (Medium High-Density Residential). The Future Land Use Map designates this property as "Mixed Use -Community /Neighborhood Center." The Council fords that the requested zoning of R-4 and R-15 and net density of 8.56 dwelling units per acre for the proposed subdivision is consistent with said Comprehensive Plan designation. Per the Comprehensive Plan, Neighborhood Centers are intended to be developed with, at minimum, eight (8) dwelling units per acre. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report, for detailed analysis. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis -Annexation Analysis, Section 10, of this Staff Report. 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. However, Staff and the Commission recommend that City Council rely on any oral or written testimony that may be provided when determining this fording. 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 delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. e. The annexation is in the best of interest of the City (iTDC 11-5B-3.E). The Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The Applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan; and this is a logical expansion of the City limits. In accordance with the findings listed above, The Council finds that Annexation and Zoning of this property to R-4 and R-15 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following fordings: 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. The Council supports the proposed density and proposed plat layout, Exhibit D • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services can be made available to accommodate the proposed development. Please see Section 8 of the Staff Report above. c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; If approved, the developer will be installing sewer, water, and utilities for the development at their own 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 City Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this fording. (See Exhibit B, Agency Comments and Conditions, 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 City Council's attention. ACRD considers road safety issues in their analysis. Staff and the Commission recommend that City 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 and the Commission are unaware. 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 fords 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 that City 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. 3. Private Street Findings: a. The Design of the private street meets the requirements of this Article; The Applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11-3F-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 The Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as designed, with the modification outlined in this report. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2007 c. The use and location of the private street shall not conflict with the Comprehensive Plan and/or the regional transportation plan. The Council finds that the location of the private streets do not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit D • March 16, 2007 VAR 07-003 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT W.H. Moore, Co ITEM NO. 5-E REQUEST Findings of Fact and Conclusions of Law and Order for Approval: Request for a Variance to UDC 11-3B-7C2 to count 15 ft of existing right-of-way for Eagle Rd towards the landscape street buffer in the C-G zone for Centre Pointe N. Sub - NW comer of Eagle Rd 8~ Ustick Rc AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: See Atfached Findings Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ,~ i l ~t,~~ ., '~'._fl er-~° fir ~~ ~`~~ ~'~~ ''-~ ~~ q i~.~~c ~s.,~ ~. In the Matter of Variance to UDC 11-3B-7C2 to count up to 15 feet of ezisting right-of-way for Eagle Road towards the landscape street buffer along an Entryway Corridor for Centrepointe Subdivision, by W.H. Moore, Co. Case No(s). VAR-07-003 For the City Council Hearing Date of: March 6, 2007 (Findings on the March 20, 2007, Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 6, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 6, 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 (LC. §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-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-003 PAGE 1 of 3 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. It is found public facilities and services required by the proposed development will impose expense upon the public if proposal is allowed. 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 provisions listed in Section 9 and the findings listed in the Staff Report for the hearing date of March 6, 2007, incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Variance Request to use up to 15-feet of ITD right-of--way towards the required 35-foot wide landscape buffer along Eagle Road is hereby approved; and, 2. The Applicant shall be required to comply with the provisions listed in Section 9 of the Staff Report for the hearing date of March 6, 2007. D. Attached: Staff Report for the hearing date of March 6, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-003 PAGE 2 of 3 By action of the City Council at its regular meeting held on the ~ ~ day of 2006. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED--~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~~ COUNCIL MEMBER KEITH BIItD VOTED__~~ MAYOR TAMMY de WEERD VOTED ~- (TIE BREAKER) ~'1 Attest: William G. Berg, Jr.; Copy served upon Applicant Attorney. ~,° \,\ t ~~,, `,~`° Cy ~ `''~ °°', ,~ ~~~b t` ler ~"~.~~.'' Y ; ~ ~~~' \ ~ ~\> The'°~~ ~~~ent, Public Works Department and City ~°~fffffll It9114444\\ By: ~~ C~~1 n'~ ~titi~--~~ City Clerk Dated: ~ ~ - Z Z ~-l CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-003 PAGE 3 of 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2006 STAFF REPORT Hearing Date: 3/6/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208) 884-5533 SUBJECT: Centre Pointe North Landscape Variance • File No. VAR-07-003 ,~ ; ~' ~~x ,.~:~; e-:F®,r ~~ l~? ~'1 } 1. ~l a .., °~` ~~~ ri ' tQ ~~ ir~.~utr~ ~~ r• .,°~`~~~ ~~ z Variance request to UDC Table 11-2B-3 and UDC 11-3B-7C2 to use a portion of ITD right-of--way towards the 35-foot wide landscape buffer requirement adjacent to Eagle Road, an entryway corridor, by W. H. Moore Co. 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, W. H. Moore, Co., is requesting a variance from UDC Table 11-2B-3 and UDC 11-3B- 7C2 which require: 1) 35-foot wide landscape buffers along entryway corridors; and, 2) the entire landscape buffer along streets to be on a common lot or within a permanent easement. If approved, the variance would allow the Applicant to count some of the adjacent ITD right-of--way towards the landscape street buffer width. The Applicant is proposing to reduce the area of the landscape buffer on their property to 20 feet and use approximately 15 feet of ITD right-of--way towards the remainder width (see Exhibit A for proposal). The Applicant's justification for the requested variance is listed in Section 4.h of this Staff Report. 2. SUNIlVIARY RECOMMENDATION The City Council has final decision authority on Variance applications. Staff is recommending approval of the subject Variance application (VAR-07-003) for the reasons listed herein. Staff finds that the application meets all of the findings required in the UDC in order for the City Council to grant a variance. (See Analysis, Section 8, of this report, for more details.) _ n March 6. 2007. th itv ounc' the subiect suu ication a. i. favor: Jonathan Seel (Applicant's Renresentativel ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting annlication: Anna Canning vi. Other Staff commenting on application• None b. ev Issues of Diccu ion by ounci i. None C. Kev Council Changes to Staff Recnmmendafinn i. one 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number VAR-07-003, as presented in Staff Report for the hearing date of March 6, 2007, and direct Planning Staff to prepare fmdings for approval based on tonight's hearing, with the following changes: (insert any changes here) Centre Pointe Landscape Variance- VAR-07-003 Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2006 Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number VAR- 07-003, and direct Legal Staff to prepare the appropriate findings document for denial. (You should state why you are denying the request.) Continuance I move to continue File Number VAR-07-003, to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Northwest corner of Ustick Road and Eagle Road; Township 4N, Range 1 E, Section 32 b. Owner: W. H. Moore, Co. 1940 Bonito Way #160 Meridian, ID 83642 c. Applicant: Jonathan Seel 1940 Bonito Way #160 Meridian, ID 83642 d. Representative: Jonathan Seel, W.H. Moore, Co. e. Present Zoning: C-G (General Retail and Service Commercial) f. Present Comprehensive Plan Designation: Mixed Use -Regional g. Description of Applicant's Request: The Applicant is requesting a variance from UDC Table 11-2B-3 and UDC 11-3B-7C2, which require: 1) 35-foot wide landscape buffers along entryway corridors; and 2) for the entire buffer to be on a common lot or within a permanent easement. If approved, the variance would allow the applicant to count some of the adjacent ITD right-of--way towards the landscape street buffer width. The Applicant is proposing to reduce the area of the landscape buffer on their property to 20 feet; the remaining 15+ feet to be landscaped within the right-of--way. h. Applicant's Statement/Justification: As Exhibit A shows, once we complete IT'D's required improvements fronting Eagle Road, there is as much as 27 feet of remaining right of way, we refer to as surplus. Our request to the City is that Mr. Moore landscapes this surplus right of way in exchange for reducing our 35 foot landscape buffer requirement to 20-feet from the Centre Pointe North's property line. Also note that on June 22, 2006, Meridian City Council approved the exact same request, a landscaping variance, for Centre Pointe Subdivision No. 1. The subject proposal is for the balance of the project, Centre Pointe North. Please see the Applicant's submittal letter for more information. 5. PROCESS FACTS a. The subject application will, in fact, constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-SA-1), a public hearing is required before the City Council on this matter. Centre Pointe Landscape Variance -VAR-07-003 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2006 b. Newspaper notifications published on: February 12, 2007; February 26, 2007 c. Radius notices mailed to properties within 300 feet on: February 9, 2007 d. Applicant posted notice on site by: February 24, 2007 6. LAND USE a. Existing Land Use(s): Unimproved b. Description of Character of Surrounding Area: There is a home improvement store, several single-family homes, planned retail stores, and other planned commercial and office uses in the area c. Adjacent Land Use and Zoning: 1. North: Residential, zoned RUT (Ada County) and A-1 & N-OD (City of Boise) 2. West: Champion Park Subdivisions Nos. 3 & 5, zoned R-8 3. South: Centre Pointe Subdivision, zoned C-G 4. East: Smitchger Subdivision, zoned C-G d. History of Previous Actions: The majority of this site was annexed into the City in 2004 (Blue Marlin - AZ-03-025). A smaller piece of Centre Pointe was recently annexed into the City (Nesmith - AZ-OS-065). The proposed subdivision does not include 8.33 acres previously approved for a Kohl's Department Store, and 31.37 acres approved under Centre Pointe Subdivision (PP-06-020). The entire Centre Pointe Marketplace development (59 acres) is zoned C-G. Until recently, the recorded Development Agreement (DA) for the Centre Pointe development required CUP or PD approval for all uses on the subject site because a detailed concept/re-development plan for the site was not provided when the annexation application was processed by the City. Some of the buildings on the Master Site Plan have already received approval by the City through the CUP process, including Kohl's Department Store, G.I. Joes Sporting Goods, and Retail Buildings "B" and "I" as identified on the Master Site Plan. In October of 2006, the Applicant was granted approval to modify the existing DA (MI-06- 008) for Centre Pointe to allow the construction and commencement of principally permitted uses in the C-G zone, without CUP/PD approval. The Applicant, Winston H. Moore, submitted a Master Site Plan which defined building layout and pad locations for the development (See Exhibit A-2). The Applicant is now only required to submit Certificate of Zoning Compliance and Design Review applications prior to building construction within the Centre Pointe development. The Commission and Council should also note that, in November of 2005, the Center Pointe Marketplace development received approval for three (3) access points to/from Eagle Road (VAR-OS-021). Two are right-in /right-out only accesses and one is a full driveway access. Additionally, in June of 2006, the Applicant was granted a variance (VAR-06-013) from UDC Table 11-2B-3 and UDC 11-3B-7C2 which require: 1) 35-foot wide landscape buffers along entryway corridors; and, 2) the entire landscape buffer along streets to be on a common lot or within a permanent easement. Said variance allowed the Applicant to count adjacent ITI) right-of--way towards the landscape street buffer width for Centre Pointe Subdivision. The landscaping buffer was approved at 20 feet, with 15 feet constructed within said right-of- way. Centre Pointe landscape Variance -VAR-07-003 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2006 On February 13, 2006, City Council granted preliminary plat approval for 14 commercial lots on 18.7 acres within the C-G (General Retail and Service Commercial District) for Centre Pointe North Subdivision. Centre Pointe North is the final phase of the 59-acre Centre Pointe Marketplace development. The subject variance application proposes to reduce width of the landscaping buffer along Eagle Road for Centre Pointe North to 20 feet in a similar manner to that described above for VAR-06-013. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Centre Pointe No. 1 Location of water: Extension of mains in Centre Pointe No. 1 Issues or concerns: None 2. Vegetation: Agricultural 3. Floodplain: N/A 4. Canals/Ditches Irrigation: There are a couple of irrigation/drainage ditches that bisect the property 5. Hazards: N/A 6. Size of Property: 18.7 acres for Centre Pointe North Subdivision f. Landscaping: Per the Future Land Use Map, both Ustick 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 proposes a 20-foot wide buffer along Eagle Road. The UDC requires landscape buffers along streets to be placed in either a separate common lot or landscape easement. The Applicant has submitted the subject variance to allow a 20-foot wide landscape buffer on their property along Eagle Road where the remaining 15+ feet of buffer is to be located and landscaped within ITD's right-of--way. 7. AGENCY COMMENTS MEETING No comments were provided for the Variance application. Please see the public record for the Variance file for any written comments that may have been submitted by other agencies. 8. UNIFIED DEVELOPMENT CODE REQUIRED VARIANCE FINDINGS Staff finds that the following UDC sections are pertinent to the subject application (Staff analysis in italics below section). The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The Applicant is requesting to provide a 20-foot wide landscape buffer on this site, where 35- feet is required. In addition to the 20 feet of the Applicant's property proposed for landscaping, up to 27 feet of ITD right-of--way will also be landscaped by the Applicant (the submitted landscape plan shows sod within the right-of--way, no trees or shrubs are proposed). Centre Pointe Landscape Variance -VAR-07-003 Page 4 • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2006 The Council is generally supportive of this request. If the Applicant provides, at minimum, a 20-foot wide landscape buffer on their property and landscapes the surplus right-of--way, the Council finds that a special privilege will not be granted to the Applicant. NOTE: The UDC requires a 10-foot wide pathway along Eagle Road. The Applicant's landscape plan depicts this pathway within the 20-foot wide landscape buffer and not within TTD's right-of--way, reducing the landscaped (green) area on their property to 10 feet. b. The variance relieves an undue hardship because of characteristics of the site; When ITD purchased the right-of--way from the subject Applicant, Staff believes that ITD envisioned Eagle Road being wider than five lanes, as currently planned for this area with the Eagle Road Corridor Plan. To ensure that the subject property owner is not stuck with maintaining and enhancing the surplus right-of--way adjacent to this site after ITD completes the Eagle Road improvements, the Council recommends approval of the subject variance. c. The variance shall not be detrimental to the public health, safety, and welfare. The Council finds that allowing the landscape street buffer variance on Eagle Road will not be detrimental to the public health, safety, and/or welfare. 9. RECOIVIlVIENDATION Staff believes that the Applicant's request meets the "findings test" for granting a variance (see Section 8 above), and is recommending approval of the variance with the following provisions: 1. That the Applicant be required to provide a 20-foot wide landscape buffer easement along the Eagle Road frontage of this property. 2. That the Applicant obtain approval from the ITD to landscape the surplus right-of--way for Eagle Road adjacent to this site as shown in Exhibit A-2 (surplus right-of--way shall mean all area behind the curb). 3. Landscape materials shall be generally installed as shown in the Landscape Plan in Exhibit A, and shall be in compliance with the requirements of the UDC. 10. EXITS A. Maps 1. Vicinity Map 2. Landscape Plan Centre Pointe Landscape Variance -VAR-07-003 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 6, 2006 Exhibit A-1 -Vicinity Map CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE ~ ATE OF MARCH 6, 2006 Exhibit A-2 -Landscape Plan (dated November 6, 2006) March 16, 2007 SHP 07-002 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT Brighton Properties, LLC ITEM NO. S-F REQUEST For Short Plat approval to create 4 building lots out of 1 existing lot on 11.07 acres in a C-G zone for SmitchgerSubdivision -East of N. Eagle Road and Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Comments Con#acted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctiy of Meridian. • • March 16, 2007 VAC 07-003 MERIDIAN CITY COUNCIL MEETING March 20, 2207 APPLICANT DMB Investments, LLC ITEM NO. 5-G REQUEST Resolution No. :VAC 07-003 Request for a Vacation of the 10 ft wide property drainage 8~ utility easement located on portions of Lots 5 S~ 6, Block 5, Gemtone Center #5 for Gemtone Center Subdivision #5 - 2589 8~ 2547 E. State Ave 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 Resolution Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ADA COUNTY RECORDAVIQ NAVARRO AMOUNT .00 BOISE IDAHO 03/x/0 PM QEPUTY Neava Haney III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORQED-REQUEST OF Meridian Ciiy 1071~4~3~1 CITY OF MERIDIAN RESOLUTION NO. ~ ~~ .~7 BY THE CITY COUNCIL: BIItD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION VACATING A 10 FOOT WIDE PROPERTY DRAINAGE AND UTILITY EASEMENT LOCATED ON PORTIONS OF LOTS 5 & 6, BLOCK 5, GEMTONE CENTER #5, BOOK 80 OF PLATS AT PAGE 10576, LOCATED IN THE NE '/ OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 6, 2007 the City Council of the City of Meridian, held a hearing on the vacation of a 10 foot wide property drainage and utility easement located on portions of Lots 5 & 6, Block 5, Gemtone Center #5, Book 80 of Plats at page 10576, located in the NE '/ of Section 8, Township 3 North, Range 1 East, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the vacation of a 10 foot wide property drainage and utility easement located on portions of Lots 5 & 6, Block 5, Gemtone Center #5, Book 80 of Plats at page 10576, located in the NE '/a of Section 8, Township 3 North, Range 1 East, City of Meridian, Ada County, State of Idaho, is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION OF DRAINAGE AND UTII.ITY EASEMENT FOR GEMTONE CENTER#5 VAC 07-003) Page 1 of 2 ~ ~ PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDL~N, IDAHO, this ~ day of ~ ~- C`-- , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~-~- G~ , 2007. ;L ATTEST: i~;~ WILLIAM G. BERG, JR., ~\`\~~~~~~~tl~~voris/,, \~\ ~~° ~~~ ~~~,r, ";~ •~ ~. ~ /~ vim' E~ _ ~~~~ - ~ ~~ ~~ ~ :~ ~~. T1gS• ~ ,\, T~ ~ ~~ ~~ Pi'°edi?~r.~E- STATE OF IDAHO, ) ss County of Ada ) f On this 'ZZ~` day of }~~ C~ULC ~n , 2007, before me, the , cJ c~ /~~}~~, undersigned, a Notary Public in and for said State, personally appeared Viand WILLIAM G. BERG, JR., known to me to be the and City Clerk, C~~,~e.~ 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. ~-~e ~ ~'~'~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ,...... .• ~u ~ .• .~ ~,• ~,'• ~~'l ~~ ~ ~~~ ~'~-~ NOTARY PUBLIC FOR IDAHO RESIDING AT: ~~ ~ Lev ~~; MY COMMISSION EXPIltES: ~ ~ - / S l I VACATION OF DRAINAGE AND UTILITY EASEMENT FOR GEMTONE CENTER#5 VAC 07-003) Page 2 of 2 ~ ~ - ~---_-.-EXHIBIT „q„ 4 N BLOCK I I ~I ~ (~ I O c, ~Q I W I W ,~I I OII bm o ~ = JI g ~i I i II II i II " REVISIONS M I a 0 DRAWN: MEM a.3' E. STATE ST. ~_S 89~54'0~ E 221.84 _ _ - --120.00' - - -- _ 101.83'- - - ~'y. ~~-~---------~'.1~_.ff ------- --~ .. { L EXISTING 10' YOUNTAfN STATES - - - - ~ r ~GAlION - - - - - TELEPHONE dt TELEGRAPH CO. EASEMENT TO REMNN I ~ ~ I EASEMENT TO REgAIN i•..•i 9rSiRUMENT N0. 9034208 ~' -~ ~ I I-' '-I ~ PLATTER LOT LINE I ~ ~ i ~~ ') PUBIJC UnLmE$ PROPERTY I I'„'I DRaINacE SEYlFR ANO S1REE'f f. .I LIGHT, EASEMETn TO REMAIN 5 I~:~.~a 6 ~ I p: .'a ~ ~ :~~-PROPERTY PARCEL A I=~ ~-1 DRAINAGE I 87,105 SO. FT. (.; ~ ~10'I 2.0 ACRES 1.. ..1 AND UTILITY I I ~:~ ~:i EASEMENT I I~~~~~ TO BE ~ ~ i_.:.i 1 a f....l VACATED I ,~ I'..-~ I I ~~ ~ ' ~,, l .. I I ~ --~•~ r:..-1 , h I.:, ::I I ~,... - .: L...~ ~ ,d Pueuc ununES ~ ~ - - - -EASEMENT 70 REMAW I-~ ~•1 _ .~ /10' 89' W 120.00' I---------~ N N 00'31'12° £ 15.00' --`- N 89'S4'd1 " W 97.1 E. PINE AVE. EASEMENT VACATION EXHIBIT GEMTONE CENTER N0. 5 SUBDIVISION SECTION 8, T.3 N., R.1 E. B.M. MERIDIAN, ADA COUNTY, IDAHO DATE: 12/4/06 I SCALE: 1"=50' JOB N0. 19643 L,J a ~I 0 Y (.~ Z 16. 4S'1~9'36" W Stanley Consultants ~~. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 March 1 b, 2007 MERIDIAN CITY COUNCIL MEETING March 20, 2207 APPLICANT Victoria Wohler ITEM NO. 5-H REQUEST Approve New Beer and Liquor Licenses for Victoria Wohler dba JB's Restaurant at 1565 S. Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Affached Approvals Ddte: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. CJ March 16, 2007 MERIDIAN CITY COUNCIL MEETING March 20, 2207 APPLICANT Haemker Construction, Inc ITEM NO. 5-I REQUEST Approve Agreement for Independent Contractor Services for Settlers Park Splash Pad Equipment Installation for $183, 340. 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 /PURCHASING: 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 Memo /Agreement OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Will Berg, City Clerk From: Keith Watts, Purchasing Agent CC: Doug Strong Date: 3/13/07 Re: March 20 City Council Meeting Agenda Item • RECEIVED MAR i 3 2007 City ®f li~ericlian City Clerk Oi~ce The Purchasing Department respectfully requests that the following item be placed on the February 20 City Council Consent Agenda for Council's consideration. Approval of Agreement for Independent Contractor Services for Settlers Park Splash Pad Equipment Installation. The Award of Bid was approved by Council on September 26, 2006. The Agreement was delayed due to weather and the health of the contractor. Recommended Council Action: Approval of Agreement and for the Not To- F~cceed amount of the Bid Award of $183,340.00., and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 28th day of February , 2007, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Haemker Construction, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 622 S. Powerline Road. Nampa ID 83686 and whose Public Works Contractor License # is 14562-C-4 (14~. INTRODUCTION Whereas, the City has a need for services involving Splash Pad Equipment Installation ;and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a SPLASH PAD EQUIPMENT INSTALLATION - page 1 of 11 royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. Contract amount Not-To-Exceed $183,340.80. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to SPLASH PAD EQUIPMENT INSTALLATION - page 2 of 11 • consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Tenm: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2007 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement SPLASH PAD EQUIPMENT INSTALLATION - page 3 of 11 by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely SPLASH PAD EQUIPMENT INSTALLATION - page 4 of 11 • and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured SPLASH PAD EQUIPMENT INSTALLATION - page 5 of 11 retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.2 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.3 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Haemker Construction. Inc. Attn: Jim Haemker 622 S. Powerline Road Nampa, ID 83686 Idaho Public Works License #: 14562 -C-4 SPLASH PAD EQUIPMENT INSTALLATION - page 6 of 11 Either party may change their`address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is~strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. SPLASH PAD EQUIPMENT INSTALLATION - page 7 of 11 • 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered bythis-Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the~amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. SPLASH PAD EQUIPMENT INSTALLATION - page 8 of 11 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any aMd all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN HAEMKER CONSTRUCTION, INC. BY: TAMMY de WEERD, MAYOR Dated: Dated: '~/a 8~s aa'7 Attest: WILLIAM G. BERG, JR., CITY CLERK Approved as to Content BY: KEIT ATT ,PURCHASING AGENT Dated: 3 / Approved as to Form CITY ATTORNEY Department Approval BY: NAME: Doua Strong TITLE: Parks Director Dated: SPLASH PAD EQUIPMENT INSTALLATION - page 9 of 11 Attachment A SCOPE OF WORK • All labor, materials, equipment and services indicated or reasonably inferable from the plans, specifications, general and special conditions, construction permits, addenda for the Project identified in the Project Manual (Request for Bid) dated July 2006 to the extent not inconsistent with the terms of the body of this Agreement. SPLASH PAD EQUIPMENT INSTALLATION - page 10 of 11 Attachment B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed TASK DESCRIPTION DATE AMOUNT A. Splash Pad Equipment Installation per Bid dated July 2006 and subse uent Addendums 1 - 4. $183,340.00 TOTAL $183,340.00 SPLASH PAD EQUIPMENT INSTALLATION - page 11 of 11 March 16, 2007 MERIDIAN CITY COUNCIL MEETING March 20, 2207 APPLICANT CH2MH111 ITEM NO. S-~ REQUEST Approve Task Order 2.2 for Chemically Enhanced Primary Treatment With CH2M Hill for $19,479.00: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Memo /Agreement 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 CHy of Mertdlan. • • Memo CE~,~ MAR 9 ~ ~7 To: William Ber , Jr.; Tara Green Cit ~ ®f Meri~ia~ 9 Y Clerk Offlc® From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 03/14/2007 Re: Proposed Agenda Item for March 20, 2007 City Council Meeting The Public Works Departrnent respectfully requests the following items be placed on the March 20 City Council agenda, under Consent Agenda, for Council's consideration: Task Order 2.2 -Chemically Enhanced Primary Treatment. CH2M HILL has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $19,149. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12"' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for the preliminary and final design of this system including equipment sizing and selection, jar testing to determine the optimum chemical dosage and plans and specifications for construction. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Task Order 2.2 -Chemically Enhanced Primary Treatment with CH2M HILL for $19,149 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. ~ Page 1 TASK ORDER N0.2.2 ITNDER THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND CH2M HILL, INC. This Task order is entered into by and between City of MERIDIAN (OWNER) and CH2M HILL, Inc. (ENGINEER), according to the terms and conditions of the Master Agreement (AGREEMENT) for Professional Services, dated January 1, 2007. See Attachment A for the Scope and Fee for Task 2.2. All other terms and conditions of the original agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties execute below: For CH2M HILL, Inc. dated this day of , 2007. By: Name Title For City of Meridian slated this day of , 2407. By: Tammy de Weerd, Mayor Attest: William G. Berg, Jr. City Clerk Approved By City Council: Attachment A Scope of Services Project Understanding • The Plant Optimization effort identified Chemically Enhanced Primary Treatment {CEPT) as a project the City of Meridian wanted to move forward on early. Femc Chloride would be fed into the influent junction box upstream of the influent screens by flow-paced, metering pumps housed in a small storage shed. Secondary containment pallets will be provided under the pumps. Dosage rates would be determined by jaz testing. A top entry mixer or mixing pump will be provided in the influent junction box to flash mix the solution. The chemical will be stored in a 5,000 gallon insulated, double-walled, cross-linked polyethylene tank on a concrete pad. The project will be constructed as a change order to an existing construction contract. Deliverables will be a change order package and not public bid documents. Scope of Work CH2M HILL will perform the tasks for design of the Ferric Chloride feed facilities as outlined below. Task 1-Project Management Project management includes project scoping, staff management, task coordination, monitoring project progress, preparing invoices, and ensuring project quality control.. Task 2-Preliminary Design CH2M HILL will perform jaz testing on-site to determine the optimum chemical dosage. A five paddle stirrer will be rented locally for one day and jar testing will occur in the City's laboratory. A brief engineering report will be submitted to 1DEQ which includes the results of the jar testing, a discussion of the effects on the biosolids system such as additional phosphorus loading and biosolids generationin. Task 3-Design 3.1 Equipment Sizing and Selection The flash mixing equipment and chemical feed pumps will be sized and selected based on the results of the jar testing. 3.2 Prepare Plans and Specifications Plans will be produced to allow the Contractor to price the work. Equipment specifications will be noted on the drawings. The following is the anticipated list of drawings: • Site Plan/ Yard Piping • Section and Details • Structural Notes, and Details • Electrical Schedules & Diagrams 3.3 Project Review Meetings • Four copies of 90% complete project documents will be provided for City review and comment. City Comments will be incorporated into the final documents. 3.4 Cost Estimates Updated cost estimates will be provided with the drawing submittal Attachment B Compensation Level of Effort The task level of effort estimates are summarised in the following table. CH2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the City. Level of Effort Task Description Total Task 1 Project Management $1702 2 Preliminary Design $4073 3 Final Design $13374 Summary -All Tasks $19,149 Schedule The schedule is listed below: • 90% design - 4 weeks after NTP • Final Documents will take 1 week after receipt of City comments March 16, 2007 MERIDIAN CITY COUNCIL MEETING March 20, 2207 APPLICANT ITEM NO. S-K REQUEST Approve Amendment to Roster of Qualified Consultants for Engineering Services for Water, Wastewater 8~ Miscellaneous Public Works Projects approved December 12, 2006 to add MWH AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Memo/ Roster CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Clay of Meridian. • • Memo 1~CEI To: Will Berg; Tara Green MAR 1 4 2007 From: Kyle Radek, P.E., Staff Engineer CC: File, Len Grady, Keith Watts City ®le keOffice Date: 3/14/2006 Re: Proposed Agenda Item for March 20, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 20 City Council agenda, under Consent Agenda, for Council's consideration: Amendment to Roster of aual~ed consultants for Enaineerina Services for Water, Wastewater, and Miscellaneous Public Works Proiects Recommended Council Action: The Public Works Department recommends that City Council approves the addition of MWH 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. • Page 1 a .3 ~ ~ ~ Q ~ ~ ~ 0 ? ~ m C O m ~p C ~ p ~ p ~ = m ~ ~ O ~ O ~ ++ ~p d ~ ~ ' ~ 3 r tom! ~ m C = O 3 b . $ ~ ~ ~ m ~~ ~m .. ~ ; ~ $ ~ m$ w ~ ' '~ m ~$~ 3 ~ ~ s ~ ' ~ $~ 3.~ ~ n ~ 3 ~ n m ~ ~ ; ~ 7 ~ m 7. 3 ~ ~ ~ ^ ~ ~ 3 C ~ O ~ ~~ ~ ~ ~ ~ ~ ~ ~ ,~a ~»o ' 3 _ D ~ ~ ~ ~ ~ ~ ~ _ ~' ~ ~ ~ ~ ~ 3~ s 5 .7 ?o ~ ~ ~ _ 3 oz m m' ~ ~ ~ ,a s ~ ~ ~; ~ ~ • 3 ~ 3 8 ~ .. 3 N N N ~ N N - N - 01 ~ 03 - N - C1 ~ - Al - N _- p- ~ d' ^ N _ ~ _ N D- Q m a fD j ~ ~ N N ~ a ~ ~ ~ = ~- ~~ D. w m -,, 3 ~ ~ ~ ~ ~' ~ m ~ d_ m ~ ~_ n~ ~ a, of _ ~ ~ ~ _ ~ _ ~ ~~ r m T ~ ~n d _ ~ _ ~. ~ ~ ~, _ ~ ~ - a~ ~ ~ x ~ m _ ~ ~ ~ x a x a _m m = x a x ~ a x ~ m ~ x a x ~~ xG~ ~' x a~ ~ ~ ~ ~ ~ xg x ~ ~ g ~ 8 x5i m x ~ x x~ ~ g ~m a ~ ~ ~ ~ ~ ~ a ~ m ~~ 3 a~ ~ ~' a ~ a_ ~ s ~ 3 ~ ~ g ~ ~ 8 8 ~ g ~ g ~ ~ 5 m ~ ~ ~ - ' ~ ~ - < x s - x ~ = m 's - _ g - ' a ' . ~ ~ ~ a m ~ ~ ~ ~ . ~ m ' ~ ~ ~ c ~ ~' ~ ~ ~$~ ~ ~. 3 ~ 3 ~~ a omm oai ~. g ~ o W N m m' ~. 0 m m 3 a _3 to W g ~~ N O March 16, 2007 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT MlChael C. Wendel ITEM NO. REQUEST Approve Water Main Easement for Country Inn 8~ Suites 5-L AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Memo /Agreement CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: Q/ MERIDIAN SCHOOL DISTRICT: 1/" ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • ADA COUNTY RECORDER J. DAI~AVARRO AMOUNT .00 BOISE IDAHO 04105!07 01:~ P DEPUTY Lisalrby IIIIIII'I~"ft~II~IIIIIl~II~I'I~IIII' RECORDED-REQUEST OF 1~3704~18~ City of Meridian WATER MAIN EASEMENT THIS INDENTURE, made this ~~ day of ~ 200'i between ~•~,LCh~~ C. Lti.~e.r,de~ the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from tires to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and othergood and valuable consideration, the Granrtors do hereby give, grant and convey unto the Granteetheright-of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following descn~(sed 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 andright-of--way unto the said Grantee, it's successors . . and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or matting subsequent connection to the water line, Grantcx shall restore the area of the casement and adjacent property to that c~stcnt prior to undertaking such construction, repairs and maintenance_ However, Grantce shall not be responsible for repairing, replacing or restoring anything Placed within the area described iua 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 arty 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 oftheright-of-way and easement hereby granted shall became part of, or lie within the boundaries of any public street, then, to such extent,suchright-of-way and easement hereby granted which lies within such boundary thereof or which is a part theauol; shall cease and become mrll and void and of no further effect and shall be completely relinquished Water Main Easement EASMT WTR ~~~ • THE GRANTORS do hereby covenant with the Grantee that they are lawfiaUy 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 tatle and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNES S WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR ~~ ~~ ~- President Secretary STATE OF IDAHO ) ss County of Ada ) On this l O day of 20 (_~/ before me, the undersigned, a Notary Public in and for said State, personally appeared M1'C~''a2~ Vl~-P.r~~2~ and . known or identified to me to be the President and Secretary, respectively, ofthe corporation that executed the within ~.stn~ei1±, and acknowledged to me that such coporation executed the same. IN WiTNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear fist above written. (SEAL) KIMBERLY ANN THYEN NIES NOTARY PUBLiC-MdVNESOTA My Cflmm. Exp. Jan. 31,2012 Water Main Easement EASMT WTR Pa~~ • OF Attest by William G. Berg, Approved By City Council On: STATE OF IDAHO, . ss. County of Ada ) ti rn~2 c~-~ t~~lJ~tCr~ On this ~~ day of , 20b~ before me, the undersigned, a Notary ~wre~ o~,_ Public in and for said State, personally appeared and WILLIAM G. BERG, JR., known to me to be the and City Clerk, respectively, of the City of Meridian, Idaho, and w o 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. f/lG[~m~rr~c ~,.-~ {SEAL) NOTARY PUBLIC FOR IDAHO ~,.....• ~~~ Q~y-~ ~~~ Residing at: die Gh a ~~ •~pT.~ :* Commission Expires: /O -iS- // '~` • ~ ~ l: ~y'. p~ •~i +~~ ~oi;~v ': ~ FO ;l k ~' -~wv rr . ~ ~~~ ~{{{Iti1111i1iit~R~ ~Io~e~/~~c~; Water Main Easement EASMT WTR Page~o ~` • i ~~ ~~~~ „~,d .. THE LAND GROUP, TNC. March 7, 2007 Country Inn & Suites Water Line Easement 7,151 Square Feet EXHIBIT "A" An easement for the purpose of construction, access, and maintenance of water facilities situated in a portion of Lot 2, Block 1 of Porky Pazk Subdivision No. 1 as filed in Book 94 of Pages 11499-11501, records of Ada County, situated in a portion of the North One Half of the Southwest One Quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the West One Quarter Corner of said Section 9 and a point on the centerline of East Pine Street, thence following the northerly line of said Southwest One Quarter and said centerline, North 89°10'47" East a distance of 307.80 feet to a point, which bears South 89° 10'47" West a distance of 2,367.45 from the Center One Quarter Corner of said Section 9; Thence leaving said northerly line and said centerline, South 00°49'13" East a distance of 50.00 feet to a 5/8-inch steel pin on the southerlyright-of--way of East Pine Street; Thence following the said southerly right-of--way, North 89°10'47" East a distance of 1 b8.75 feet to the POINT OF BEGINNING. Thence following the said southerly right-of--way, North 89°10'47" East a distance of 20.00 feet to a point; Thence leaving the said southerly right-of-wap, South 00°00'00" West a distance of 148.75 feet to a point; Thence North 90°00'00" East a distance of 39.90 feet to a point; Thence South 00°00'00" East a distance of 28.57 £eet to a point; Thence South 90°00'00" West a distance of 20.00 feet to a point; Thence North 00°00'00" East a distance of 8.57 feet to a point; Thence South 90°00'00" West a distance of 13.00 feet to a point; Thence South 00°00'00" East a distance of 10.08 feet to a paint; Thence South 90°00'00" West a distance of 20.00 feet to a point; Thence North 00°00'00" East a distance of 10.08 feet to a point; Thence South 90°04'00" West a distance of 108.30 feet to a point; Thence South 00°00'00" East a distance of 9.02 feet to a point; Thence South 90°00'00" West a distance of 20.00 feet to a point; Thence North 00°00'00" East a distance of 29.02 feet to a point; SEt~' ~:~71itdl96~ QL.rartf~rr~~e_-lrz•O.ntr~z`i~ra ®Cizi/Enlrreerrra ~ Go~~Lr.:frse lrri~rr~.JUJI e>' Eu~l~~~i11~ ®G~-rtz~har• Cv9~rmr~~ri~:~r~ivrr oSirrrrc}iq, ~•G2 E. tihoxe Dri~~e, ate. 100. Eagle, Idahc, 4361< a T' 208.939.4(t~•1 F 20th.939.=1~1-5 a wwcv.thelaudgrou ine.com G:`1200C>`;0b129`.,:-~dn~in',7.egals~.,I.7._U7(13n'•H20 F.ASF~1~iF.NT C}C~12n.doc ) .- ~ ..x 1 fl C~ • March ~, 200 Page2of2 Thence North 90°00'00" East a distance of 121.40 feet to a point; Thence North 00°00'00" East a distance of 14$.46 £eet to the POINT OF BEGINNIlVG. The above-described easement contains 7,151 square feet, more or less, subject to all existing easements and rights-of--way. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) .S'rl.~ Alnrari;aF r+1~aa~(.~~cr:~ ~~zr`.siYcs!zrr a~ Civil L•itril~a~ai;~; ~ C.;n~~(:r>nr.;~ Inira,iofa ;_i•I~a,~i~aear..'~a~ ®C;n~hie C:nra~~r~crirrtr:oaa ~.S~:sa~z}~~ir; ~ti? F:. 4harr I~aisre, Ste. lt}0, R:ayle, Idaho 83f,'tG ®P ~~$.93~).4i1~4'l F 2t~8.939. ~5 ~ u.1Ftiv.rl2elancigiou}z'nic.con (,, • 1 - l37 LOCATED N A PORTION OF LOT 2, BLOCK 1 OF PORKY PARK SIIBDNSION No. 1, LOCAT®N THE N 1/2 OF THE 3W 114 OF 9ECT10N 9, T.3N., R1E, BM, Mt3~IDIAN, ADA COUNTY, DAHO W 1 /4 SECTION 9 C 1 /4 SECTION 9 • •N89'10'47°E 2675.25'• .. • ~, E. PIlVE STREET _ 307.a0'WQ - 2367.45' n o a o`~ •N89'10'47°E 275.03'• vii I ~ .~ 168.75' i ~, - 86.28' I I I ~ 20.00' III ~I I I~ ~I ~ I~ LOT 2 0l I l g BLOCK 1 $ I 1 I ~ ZI ~ I° ~I~ 20' WATER MAIN EASEMENT --I I f --~- - N90 00_00=E 121_40- - ~ I ~ L1 eo J ________ ~ L5 (~ M ~"'~J S9O00'OO"W 108.30' ~J~ .~ ,~ L10 L7 L3 Legend ® CALCULATED CORNER o FOUND 1/2"-STEEL PIN • FOUND 5/8"-STEEL PIN FOUND BRASS CAP BOUNDARY UNE - - - - - - -WATER MAIN ESMNT - - - ~---- WATER MAIN - ROAD CENTERLINE 218.66' S43'26'57°W 1213' 588'20'52°W ~...~..~ 48.16' M o~>~ ~d ` _ca1 S j L~,Ar. N 12459 0 9 ~~ 4F 1~~ \v L. B~ti% 3•~•~~ ~ ENGINEER/SURVEYOR I PROJECT INFORMATION I SCALE:1°=60' ~ `~ /~~~ THE LAND GROUP, INC. .~~ ~/ ~-~ - Landsc~apo Architecture r P~ Cotj Cmcrse 7rrigatian cE 6"gineerirz9 . Gr~olac Comanmssuratio" .~~ Surv a83 6. Shore Jh:, B k IL! 83616 ~~ a~~zoat®,dA ~ /aoa) sss-cats ~ Exhibit "B" Water Line Easement Country Inn & Suites City of Meridian 03/07/07 PROJECT N0.08129 ~1 ~~ • C' of Meridian Public Works ~- Memo Ta Mayor De Weend 8 City Council ffran: K~arie Glyn GC~ Fle iDsbe: 3/14/2007 iRe: Proposed Agenda Items for 31ZLOf07 City Counc~ Meeting ~.. ~~~ BAR ~ ~ 2uU7 City o~111er° C'ItY Clergy ®~ ~~ The Public Works Department respectf'ulty inquests thffi the following items be placed on the 3/20/07 City Cotmcil age-xla, on the Consent Agenda, for Council's consideration: 1) W,~ter Main Easement for Country Inn 8~ Suites by Michael C Wendel. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easerr~er~t for Country inn ~ Sums by Michael C Wendel and author~e the Mayor to sign and Cky Clerk to atl~t. Thank you for your consideration. • page 1 WATER MAIN EASEMENT THIS INDENTURE, made this ~ Z day of ~~3tC1~, 20~ "l between ~.,~~~~~ ~ ~: l.~r~t ~, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, auxl hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire toprovide awatermainright-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided far through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently oonruect 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 Granteetheright-of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main aver and across the following described properly: (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 mantenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. fT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent conmection to the water line, Grantee shall restore the arcs of the casement 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 permaureutt steuctu>res, trees, brush, or peremuai 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 oftheright-0f-way and easement hereby granted shall become part of, or lie within the boundaries of arty public street, then, to such exxent, such right-of--way and easement hereby granted which lies within such bounden=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 F.~ement EASMT WTR THE GRANTORS do hereby covenant with the Grantee that they aze 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: President secretary STATE OF IDAHO ) ss County of Ada ) On this ~ day of ~~ , 20 f~ before me, the un~rsigned, a Notary Public in and for said State, personally appeazed _N1 f CI'~ C~? ~ 1/1~~P.t/~£~~ and known or identified to me to be the President and Secretary, respectively, of the c~orpa~ration 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 andyeaz fist above written. (SEAL) KIINBERLY ANN THYEAI AIIES NOTARY PUBL(C.A/NNE60TA ~' • ~A• Jen. 31, 2012 Water Main Ea~rnent. EASMT WTR i i GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ss. Counts of Ada ) ~° tlvs day of 200~before me, the undersigned., a Notary Public in and for said State, personally appeared TAMMY de WEIRD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Tdaho, and who executed the within instrument, and acknowledged tome 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 (S~-) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT W'1R ~+ • • ~® ~~ '^'® ~~ THE LAMA GROC$ tVC. March 7, 2007 Country Inn & Suites Water Line Easement 7,151 Square Feet EXHIBIT "A" An easement for the purpose of construction, access, and maintenance of water facilities situated in a portion of Lot 2, Block 1 of Porky Park Subdivision No. 1 as filed in Book 94 of Pages 11499-11501, records of Ada County, situated in a portion of the North One Half of the Southwest One Quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the West One Quarter Comer of said Section 9 and a point on the centerline of East Pine Street, thence following the northerly line of said Southwest One Quarter and said centerline, North 89° 10'47" East a distance of 307.80 feet to a point, which bears South 89° 10'47" West a distance of 2,367.45 from the Center One Quarter Corner of said Section 9; Thence leaving said northerly line and said centerline, South 00°49'13" East a distance of 50.00 feet to a 5/8-inch steel pin on the southerlyright-of--way of East Pine Street; Thence following the said southerly right-of--way, North 89°10'47" East a distance of 168.75 feet to the POINT OF BEGINNING. Thence following the said southerlyright-of--way, North 89° 10'47" East a distance of 20.00 feet to a point; Thence leaving the said southerly right-of--way, South 00°00'00" West a distance of 148.75 feet to a point; Thence North 90°00'00" East a distance of 39.90 feet to a point; Thence South 00°00'00" East a distance of 28.57 £eet to a point; Thence South 90°00'40" West a distance of 20.00 feet to a point; Thence North 00°00'00" East a distance of 8.57 feet to a point; Thence South 90°00'00" West a distance of 13.00 feet to a point; Thence South 00°00'00" East a distance of 10.08 feet to a point; Thence South 90°00'00" West a distance of 20.00 feet to a point; Thence North 00°00'00" East a distance of 10.08 feet to a point; Thence South 90°00'00" West a distance of 108.30 feet to a point; Thence South 00°00'00" East a distance of 9.02 feet to a point; Thence South 90°00'00" West a distance of 20.00 feet to a point; Thence North 00°00'00" East a distance of 29.02 feet to a point; ~. , ., . .., ~ , -r<~~. ;_.i ~ __..... _, _.iC. i~..:!;., t.., .~ i~.t i I•i ~ 1 _..,,. ;. ~. {. .. ..-~.-. -~-www.thelandgrouninc.com t,,.. 'itf )n `. Iji7j ~~' ~ SIa.U7) ! ~J i3: ja. ii ( ~i:7._..i.~ f ~ r ......'. -; t. ~~~.~}~){: March 7, 2007 Page 2 of 2 Thence North 90°00'00" East a distance of 121.40 feet to a point; Thence North 00°00'00" East a distance of 148.46 feet to the POINT OF BEGINNING. The above-described easement contains 7,151 square feet, more or less, subject to all existing easements and rights-of--way. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) .,, f. t ~ ,~~ . `j • 1 . o? LOCA?ID N A POF~TION OF LOT 2, BLOgC 1 OF POFUCY PANIC S~tJBDN810N No. 1, LOCATID N TF~ N 112 OF 11~ SW 1/4 OF 9EC'110N 9, T.3M, Rte, B1u1, r~IAN, ADA COU~11Y, DAHO W 1 /4 SECTION 9 C 1 /4 SECTION 9 • .. ... •N89'10'47"E 2675.25'. .. ... .. ' ~, E. 307.80'W a r $ ~I~ o t°n I PINE STREET ~' 2367.45' •N89'10'47'E 275.03'• 168.75' i 86.2 I I I 20.00' III ~) I In ~I ~ I~ LOT 2 g ( I I $ BLOCK 1 p l I I g °z 20' WATER MAIN EASEMENT -~--~ I I-~- ~~.. _ N90'00'OO~E 121_40_ - ~ I ~ L1 I Ji ---w----v+r-- L5 I~ ~.." `~°~'-S90'00`00°W 108.30' ~~ L10 L7 L3 Legend ® CALCULATED CORNER o FOUND 1/2°-STEEL PIN • FOUND 5/8"-STEEL PIN ~ FOUND BRASS CAP B OUNDARY LINE - - - - - - -WATER MAIN ESMNT - - - ~- WATER MAIN - ROAD CENTERLINE P187'54'44'W 21 S43.26'57"W 12.13' S88'20'S2°W ~~ off. ~d ~ _rl S 7'L~'.a- 12459 0 ~~ OF 1~~~ 3•~•~~ ENGINEER/SURVEYOR I PROJECT INFORMATION I SCALE:1°=60' ,~ /s-~1 THE LAND GROUP, INC. EXhibif "B° osro~ro~ ~~ r~ `' .~ A,~~ Water Line Easement PROJECT N0.06129 • .S ~e Periva9 r • ~~°~ ~'~ Country Inn & Suites 9 ~~ ~ ~'1 ~9-~ ~ City of Meridian 0 • • March 16, 2007 MERIDIAN CITY COUNCIL MEETING March 20, 2207 APPLICANT Dyver Development, LLC ITEM NO. S-M REQUEST Approve Public Utilities, Irrigation 8~ Drainage Easement for Dyver Development, LLC for Lots 3 and 4 Block 1, Silverleaf Subdivision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Mertdlon. COMMENTS See Attached Memo /Agreement w+~"~ MYA YYYBI 1 RGYYRYGn Y. MnnY nn-nniw nnwv~n .vv BOISE IORHO 04105/07 0 M S RECD DED-REQUEST OF I~I II~I'II~'I'~~~I"~II'I~IIIIII~ ~'I~ City of Meridian 10?I~4818~ PUBLIC UTILITIES, IRRIGATION AND LOT DRAINAGE EASEMENT THIS IlVDENTURE, made this day o~~~0~between Dwer Development, LLC ~ the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, Qwest, Intermountain Gas Company, Idaho Power company, Cable One and Settlers Irrigation District, parties of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a public utilities, irrigation and lot drainage easement across the premises and property hereinafter particularly bounded and described; Lots 3 and 4, Block 1 of Silverleaf Subdivision No. 1 as filed in Book 93 of Plats at Pages 11103 through 11105, records of Ada County, Idaho and; WHEREAS, future public utilities, irrigation and lot drainage may be provided located within said easement; and WHEREAS, it may be necessary to maintain and service said public utilities, irrigation and lot drainage facitlities 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 an easement for the operation and maintenance of public utilities, irrigation and lot drainage over and across the following described property: (SEE ATTACHED EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of public utilities, irrigation and lot drainage 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 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. Sanitary Sewer and Water Main Easement utility easement.doc Pa~~ k o~.~.. • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawfial 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: Core Barton Manager Dyver development, LLC STATE OF IDAHO ) ss County of Ada } On this ~~ day of NLUXG~. , 20d~ , before me, the undersigned, a Notary Public in and for said State, personally appeared Corey Barton , known or identified to me to be the Manager of Dyver Develpoment LLC, of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. o~~aoma VU}l7GU a®~°~~g ~Ql~°° Y; pTA,~~ ~,~ ~ NOTARY PUBLIC FOR IDAHO a ; ,~ << ~ a Residing at: -~(J~ a ~ Commission Expires: ~ -p5 - a-Ol b m ~ f m °o. ~; ;,~jBL,ZG,. ~° ~@ Sanitary Sewer and Wate4~~~sTit utility easement.doc e®~~+ Page~D£ . GRANTEE:~I~.~' OF MEI~IAN ~rtC /.~ ~F by William G. Berg!City Clem Approved By City Council On: ~,,,r~rr,r~,,t ~~~~ 0 4?I ~~~~ ~~ ~' y,,T~ ~. ~•1~ •, ~"~VTY ~,~~~rrfrrrrr rrrr~r~N~,~, STATE OF IDAHO, } . ss. County of Ada ) ~~ ~ r~..~ ~ On this ~~~' day of ~~' ~ , 2007, before me, the undersi ed, ;.~L212C% ( a Notary rublic in and for said State, personally appeared and WILLIAM G. BERG, JR., known to me to be the and City Clerk, respectively, of the City of ~re ~,'~ Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~h~ ~~.~, (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: ~'1'le_ ~G~~ c~o0 Commission Expires: l ~- ~S- l l Sanitary Sewer and Water Main Easement utility easement.doc Page_~of.'`~ ~i , I DAH;a SfJItVE~( F _ ~RQUP Project No. 06-208 EXHIBIT A DESCRIPTION FOR IRRIGATION AND DRAINAGE EASEMENT SILVERLEAF SUBDIVISION NO. 1 PLA 1450-Irast~+Vatertpt+ver:St said I so Meridian, Idaho 83642 Phone ~~08)~84b=85'70 `' Fax X88), 884-599 January 25, 2007 A 10.00-foot wide public utilities, irrigation and lot drainage easement located in Lots 3 and 4, Block 1 of Siiverleaf Subdivision No. 1 as filed in Book 93 of Plats at Pages 11103 through 11105, records of Ada County, Idaho located in the SW1/4 of the NW114 Section 26, T.4N., R.1 E., B.M., Meridian, Ada County, Idaho more particularly described as follows: BEGINNING at the SE comer of said Lot 3; thence along the South boundary line of said Lot 3 North 89°09'47" West, 2.52 feet; thence- leaving said South boundary line North 00°50'13" East, 100.00 feet to a point on the North boundary line of said Lot 3; thence along the North boundary line of said Lots 3 and 4 South 89°09'47" East, 10.00 feet; thence leaving said North boundary line South 00°50'13" West, 100.00 feet to a point on the South boundary line of said Lot 4; thence along the South boundary line of said Lot 4 North 89°09'47" West, 7.48 feet to the POINT OF BEGINNING. Prepared by: Idaho Survey Y:\SILVERLEAF N0.1 LLA (L3&4,81)1Documents~Easement lrrlgation Desc.doc P.C. Patna "~ D'F ~_ Gregory G. Carter, P.L.S. mil; ..~ March 14, 2007 T« Mayor and City Council C~ File VAC-06-015 • Internal City Memo From Bruce Freckleton Re: Dedication of new Public Utilities, Irrigation 8 Drainage Easement ~~~ MAC ~ ~' ~0~17 City oflVleridyau Caty Clerk ®ffiee Dear Mayor and Council, Attached is an easement document for your approval. The parcels involved in this dedication were the subject of a Property Boundary Adjustment bads in December of 2006. The old easement that was centered on the common property line between Lots 3 and 4 of Silverieaf Subdivision No. 1 was vacated on condition that this new easement be dedicated on the newly adjusted line. I have check the easement document for it's accuracy, and am recommending that you approve the easement, and authorize the mayor to sign it, and the Clerk to attest on behalf of the City. Thank you for your consideration, ~~~ From the desk of... Bruce A. Freckleton nevetopment services Manager Meridian I ublic works Department 660 E Watertower Lane, Suite Z(10 Meridian, Idaho X642 (2(l8) 89~-5500 Fax: (20B) 895501 • • PUBLIC UTILITIES, IRRIGATION AND LOT DRAINAGE EASEMENT THIS INDENTURE, made this _ day of , 20_between Dever Development. LLC ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, Qwest, Intermountain Gas Company, Idaho Power company, Cable One and Settlers Irrigation District, parties of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a public utilities, irrigation and lot drainage easement across the premises and property hereinafter particularly bounded and described; Lots 3 and 4, Block 1 of Silverleaf Subdivision No. 1 as filed in Book 93 of Plats at Pages 11103 through 11105, records of Ada County, Idaho and; WHEREAS, future public utilities, irrigation and lot drainage may be provided located within said easement; and WHEREAS, it may be necessary to maintain and service said public utilities, irrigation and lot drainage facitlities 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 an easement for the operation and maintenance of public utilities, irrigation and lot drainage over and across the following described property: (SEE ATTACHED EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of public utilities, irrigation and lot drainage and their allied facilities, togetherwith 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 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. Sanitary Sewer and Water Main Basement utility easement.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: C~ ., Corev Barton Manager Dyver development, LLC STATE OF IDAHO ) ss County of Ada ) On this ~~ day of MQ,trG~. , ZOd~ ,before me, the undersigned, a Notary Public in and for said State, personally appeared Corey Barton , known or identified to me to be the Manager of Dyver Develpoment LLC, of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 8 C 0 Sanitary Sewer and W „raotio 0 O ^ r ~~ ~~ NOTARY PUBLIC FOR IDAHO Residing at: ~~,_~ Commission Expires: In-OS -~-OI b utility easement.doc i GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada On this day of , 2007, 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:, Sanitary Sewer and Water Main Easement utility easement.doc ~ ~ ~;, I DA FI C~ 1450 East Waterwwer St Suite 150 SURVEY Meridian, Idaho 83642 G R~ U P Phone (208j 846-8570 Fax (208) 884-5394 Project No. 06-208 January 25, 2007 EXHIBIT A DESCRIPTION FOR IRRIGATION AND DRAINAGE EASEMENT SILVERLEAF SUBDIVISION NO. 1 PLA A 10.00-foot wide public utilities, irrigation and lot drainage easement located in Lots 3 and 4, Block 1 of Silvelleaf Subdivision No. 1 as filed in Book 93 of Plats at Pages 11103 through 11105, records of Ada County, Idaho located in the SW1/4 of the NW1/4 Section 26, T.4N., R.1E., B.M., Meridian, Ada County, Idaho more particularly described as follows: BEGINNING at the SE comer of said Lot 3; thence along the South boundary line of said Lot 3 North 89°09'47" West, 2.52 feet; thence leaving said South boundary line North 00°50'13" East, 100.00 feet to a point on the North boundary line of said Lot 3; thence along the North boundary line of said Lots 3 and 4 South 89°09'47° East, 10.00 feet; thence leaving said North boundary line South 00°50'13" West, 100.00 feet to a point on the South boundary line of said Lot 4; thence along the South boundary line of said Lot 4 North 89°09'47° West, 7.48 feet to the POINT OF BEGINNING. Prepared by: Idaho Survey Group, P.C. '7 2 9 ~ ~ z~~~ ODE ~p~ Fr ~l, Gregory G. Carter, P.L.S. Y:ISILVERLF~F N0.1 LLA {L384,B1)\pocuments~Easement irrigation Desc.d~ • March 16, 2007 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT ITEM NO. S-N REQUEST Approve Purchase Order for Materials Testing and Inspection for Oversight and Testing of Environmental Cleanup for New City Hall Project for $20,080.00: 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 Memo from Keffh Wafts, Purchasing Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of fhe City of Meridian. Memo • RECEIVEB MAR ~ 6 2007 To: Will Berg, City Clerk From: Keith Watts, Purchasing Agent CC: Council Date: 3/16/07 Re: March 20 City Council Meeting Agenda Items City Of Iyleridian City Clerk ®i~ce The Purchasing Department respectfully requests that the following item be placed on the March 20~' City Council Consent Agenda for Council's consideration. Oversight and testing of Environmental Cleanup at the New Citv Hall site per proposal by MTI dated 3-16-07. All work conducted under the resulting Purchase Order will be completed pursuant to the terms and conditions of the executed Master Service Agreement dated November 14, 2006. Recommended Council Action: Approve award of the Purchase Order for Materials Testing & Inspection for oversight and testing of Environmental Cleanup on a Time and Material basis with a Not To-F~cceed amount of $20,080.00, and authorize the Purchase Agent and Council President to sign. Thank you for your consideration. • Page 1 cirt~~n- ~':. il:)AHC) ,,~ ~' ~'~aa CITY OF MERIDIAN 33 EAST IDAHO AVE. MERIDIAN, ID. 83642 (208) 888-4433 Vendor Address: MATERIALS TESTING & INSPECTION 2791 SOUTH VICTORY VIEW WAY BOISE, ID 83709 Item Code Description fight of Envir. Cleanup Purchase Order Attention: Keith Watts Billing Attn: Finance Address: 33 East Idaho Meridian, ID 83642 Shipping City Council Address: 33 E. Idaho Meridian, ID 83642 Shipping Method: FOB: Unit of Measure Duanttty Dollar 20080.00 Contractor destination Unit Price 1.00 Purchase Order Total: 3/16/2007 07-0189 Total 20,080.00 $20, 080.00 Purchasing Agent: Liaison Approval: Special Instructions Oversight and testing of Environmental Cleanup at the New Cit y Hall Sight per proposal by Jon Kruck, C.E.M. dated 3-16-07. NOT-TO-EXCEED $20,080.00 • March 16, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT Mayor's Office ITEM NO. 6-A-1 REQUEST Appointment of Planning and Zoning Commissioner: 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 n` ~~~ V a -- Date: Phone: Staff Initials: Materials presented at public meetings shall become properfy of the CNy of Meridian. • January 24, 2007 To: Mayor Tammy de Weerd c/o Meridian City Hall 33 E. Idaho Avenue Meridian, Idaho 83642 Dear Mayor: Thomas (Tom) E. O'Brien 5142 S. Locust Grove Rd. Meridian, Idaho 83642 Phone: 208.888.1226 Cell:..... 208.870.3888 Re: Volunteer P&Z position My name is Tom O'Brien and have been a resident at the same address in Meridian for over 29 years. That said, my interests in what direction the city of Meridian takes toward proper land use for our city is quite high. Therefore, I am very interested in volunteering as a member of Meridian's Planning and Zoning commission. I live in the West side of Meridian (S. Locust Grove 8v Amity). I have attended several town meetings over the past year which outlined the proposed growth for that region. With what I observed, and consequently provided input for, is a positive process involving the people affected by the outcome of good, or in some cases, bad planning. This overall process certainly whet my appetite for my continued involvement in community activities, but of course as in this case, on a much larger scale. My previous community volunteer work includes the following: Selected as a representative from the industrial community to serve on the State of Idaho's Division of Vocational Education as an advisor on the committee assisting in updating machining program standards and curriculum for secondary and post-secondary schools (mid 1980's) Appointed by the Meridian School District to serve on the Special Education Advisory Committee, which was chaired by nurse Mary Schwartzman (ret), for the purpose of identifying "Social/Sexual" curriculum standards for special education students of the Meridian School District (early 1990's). Chaired the Vo-tech (VICA) Machining Advisory (;ommiLtee (itiampa I-iigh Schoui), 1982/1992. Current status: Retiree of Hewlett-Packard (32+ years). Last position held: Process Engineer. Bachelor of Arts degree in Management and Organizational Leadership. Thank you for your time and hope to be able to meet with you in person regarding this position. Sincerely, ( ~~~ Tom O'Brien March 16, 2007 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT Jacksons Food Store ITEM NO. S REQUEST Reconsideration of Denial of Variance and Vacation for Jacksons Food Store at 3291 E. Pine Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS MERIDIAN POST OFFICE: OTHER: See Attached Letter from John Jackson Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. March 16, 2007 VAR 07-002 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT Jacksons Food Store, Inc ITEM NO. 9 REQUEST Findings for Denicil -- Request for a Variance to UDC 11-3H-4B2 to allow construction of right-turn only direct access to N Eagle Road for Jacksons Food Store - 3291 E Pine Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached Findings i ~ BEFORE THE MERIDIAN CITY COUNCIL C/C 03/13/07 IN THE MATTER OF THE ) Case No. VAR 07-002 REQUEST FOR VARIANCE ) FROM UDC 11-3H-4B2 TO ALLOW ) THE CONSTRUCTION OF RIGHT ) TURN ONLY ACCESS TO N. EAGLE RD ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR JACKSON'S FOOD STORES, INC. ) APPLICANT ) The above entitled variance application having come on for public hearing on February 27, 2007, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho. Anna Canning, City Planning and Zoning Director for the Planning and Zoning Department, and Jack Davis of Jackson's Food Stores, Inc., appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearings scheduled for February 27, 2007, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR JACKSON'S FOOD STORES, INC.; CASE NO. VAR 07-002 PAGE I OF 5 • been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council on February 27, 2007, public hearing; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and §11-SA, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 82, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is generally located at 3291 E. Pine Street, Meridian, Idaho, (Lot 1, Block 1, Pork Park Subdivision No. 1) in the SW '/a of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. 5. Jackson's Food Stores, Inc., whose address is P.O. Box 610, Meridian, Idaho 83642, is the current property owner and the applicant. 6. The Applicant requests a variance from UDC 11-3H-4B2, which prohibits direct access to a state highway, to allow construction of a right-turn only direct access to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR JACKSON'S FOOD STORES, INC.; CASE NO. VAR 07-002 PAGE 2 OF 5 • N. Eagle Road. The property which is the subject of this application is within the City of Meridian. 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 shall apply the standards listed in Idaho Code §67-6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The Variance shall not grant a right or special privilege that is not otherwise allowed in the district. b. The variance relieves an undue hardship because of characteristics of the site. c. The variance shall not be detrimental to the public health, safety and welfare. 3. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. That this denial is in accordance with the attached Staff Report for the hearing date of February 27, 2007, incorporated by reference. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR JACKSON'S FOOD STORES, INC.; CASE NO. VAR 07-002 PAGE 3 OF 5 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: That the application for annexation and zoning is denied for the following reasons: The proposed variance request does not meet the burden as set forth in Idaho Code §67-6516 and all the findings listed in Section 11-SB-4.E of the UDC. By action of the City Council at its regular meeting held on the ZOO day of March, 2007. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILMAN JOE BORTON COUNCILMAN CHARLIE ROUNTREE COUNCILMAN DAVID ZAREMBA VOTED ~~- VOTED - ~~. VOTED _~~~- VOTED _Z~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: 3~ ~-" 0 7 MOTION: APPROVED --~ PROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR JACKSON'S FOOD STORES, INC.; CASE NO. VAR 07-002 PAGE 4 OF 5 • \`~ytStthSlftlBif~r/r, ATTEST: .``~ C°, ~`~ ~:w?, ~:,:., ~~~ ~ ~ z,*; r ~ ~'< ~ `~ ~ ef,"~~~~~ 7 ~`.~ aid :- ~a~ ~~ =. 44s s::.._ ~:~.~ CITY CLERK ~~~ ~a o Copy served upon Applicant, the Planning' ~ t~~epartment, Public Works Department, and City Attorney. BY~ ~6'7G/l ~l ~i ~~ Dated: ~ ~ ~? Z -a 7 City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR JACKSON'S FOOD STORES, INC.; CASE NO. VAR 07-002 PAGE 5 OF 5 • • March 16, 2007 VAC 07-001 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT Jacksons Food Store, Inc ITEM NO. 10 REQUEST Findings for Denial -- Request for a Vacation on a note on the Porky Park Subdivision No 1 plat that prohibits direct lot access to Eagle Road for Jacksons Food Store - 3291 E Pine Street. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL C/C 03/13/07 IN THE MATTER OF THE REQUEST TO VACATE PLAT NOTE 6 ON THE PORKY PARK SUBDIVISION NO. 1 FINAL PLAT WHICH PROHIBITS ACCESS TO N. EAGLE ROAD (SH 55) Case No. VAC 07-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF BY JACKSON'S FOOD STORES, INC APPLICANT DENIAL The above entitled matter having come on for public hearing before the City Council on February 27, 2007, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for variance in Case No. VAR 07-002, and the hearing was opened on the vacation application and Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department, and Jack Davis of Jackson's Food Stores, Inc., appeared and testified, and the City Council based upon its Findings of Fact and Conclusions of Law, and Decision and Order in Case No. VAR 07- 002 and does hereby deny the application for Vacation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF VACATION OF JACKSON'S FOOD STORES, INC.; CASE NO. VAC 07-001 PAGE 1 OF 3 FINDINGS OF FACT It is found that the Recommendation to City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the vacation due to the denial of the variance in Case No. VAR 07-002. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 11-SA-6 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the variance in Case No. VAR 07-002 the Council does hereby deny the application for vacation. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code §67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code §67-6521. An affected person being a person who has FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF VACATION OF JACKSON'S FOOD STORES, INC.; CASE NO. VAC 07-001 PAGE 2 OF 3 • an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ZD `day of March, 2007. ROLL CALL: COUNCILMAN KEITH BIRD VOTED _~~~- COUNCILMAN JOE BORTON VOTED - i~~' COUNCILMAN CHARLIE ROUNTREE VOTED -~~~~"~' COUNCILMAN DAVID ZAREMBA VOTED - !~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: ~' ~ '~ MOTION: APPROVED: ~_ ~~ ATTEST: ~ ~' ~~ ~~~t~ -oi~~y~,~ /~~t~ d.~wF- - = ~~. W /~ ~ ~ ~~~ `~ ~ CITY CLERK ~'~ ~ ~P ~~~ ' '~° '°° 'si~~ ~~~ 0~a®~ CO Served U On A llcan ',//////// 11101 B1f1~4{®~~~\,~ py p pp t, the Planlung Iepartment, Public Works Department, and City Attorney. By: ~?~/~ ~'~'~ L~ `~-~.~ Dated: ~ ~ 2Z ~5`l City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF VACATION OF JACKSON'S FOOD STORES, INC.; CASE NO. VAC 07-0O1 PAGE 3 OF 3 • March 16, 2007 MERIDIAN CITY COUNCIL MEETING MgfCh 20, 2007 APPLICANT DMB Investments ITEM NO. REQUEST Request For Credit/Transfer of Fees for Revised PinehridnP Anr,llr-rti+~~-, 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 Attcched Request from Dan Torfin Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdfan. 11 Will Berg From: C. Caleb Hood Sent: Thursday, March 08, 2007 3:51 PM To: Sharon Smith; Will Berg; Machelle Hill; Tara Green Cc: Anna Canning; Daniel A. Torfin; Kirkpatrick, Wendy Subject: FW: Pinebridge ® Page 1 of 2 The applicant for Pinebridge, DMB Investments, is requesting that the City Council approve a waiver of fees for the recently submitted application. In 2005, the applicant paid approximately $15,000 in fees with the submittal of the original Pinebridge application. The original Pinebridge was transmitted, notices were published, and City Staff did expend some time reviewing and processing the original application. However, a staff report was not prepared and the Commission never had a complete hearing on this project because the applicant withdrew the development request. (I should note that the fees were paid and the original application was submitted under the City's previous fee schedule. The applicant withdrew the application just as we were shifting over to the new UDC and the new fee schedule.) Given that Staff didn't spend much time processing the original application up to that point, Staff discussed supporting the applicant when they made a request to the Council for a partial or even full reduction of fees. As noted above, the applicant has submitted a new, revised application for Pinebridge and Staff is supportive of a full waiver of the fees due. The revised Pinedbridge fees, if the Council does not approve a credit from the original fees paid, would be $4,717. Staff supports a full waiver of the fees for the revised Pinebridge application. Please place this issue on the next available City Council agenda. Please feel free to contact me with any questions. Thank you. Caleb From: C. Caleb Hood Sent: Friday, February 23, 2007 11:39 AM To: 'Daniel A. Torfin' Cc: 'Dennis Baker'; 'Wonders, Scott'; Jennifer Veatch; Kristy Vigil; Anna Canning Subject: RE: Pinebridge Dan, If you are ready, can you please submit the Pinebridge application to us? I need to know exactly what you are applying for so I can let Council know what the fees would be. I say would because based on the fees you have already paid, and our new fee schedule, I believe you will owe nothing (if the Council agrees to credit your application). Staff will be recommending that you get credit for the fees you have akeady paid, but before I can do that, I need to know the details, like: how many lots you are proposing, what applications you are submitting, and if any variances, etc. are being requested. So, I am going to retain your a-mail request for a fee credit until we receive your application. Then I will go ahead and begin processing your application, and send your credit request to the Council, (with the understanding that you may need to pay some fees if the Council does not agree to credit your submittal) prior to the Pinebridge public hearing. Let me know if we need to discuss further. Thank you, 3/8/2007 Caleb i Page 2 of 2 From: Daniel A. Torfin [mailto:dan@baker-properties.net] Sent: Thursday, February 22, 2007 3:55 PM To: C. Caleb Hood Cc: 'Dennis Baker'; 'Wonders, Scott' Subject: Pinebridge Caleb, We are preparing to re-submit the application for our Pinebridge Development. The fees paid for the development application that was withdrawn included two fee payments, as follows: on November 17, 2004 a payment of $5467.00 was submitted to the city of Meridian for the preliminary plat application,conditional use permit, and annexation with rezone; on March 16, 2005 another $10,246.00 was submitted to the city of Meridian for the planned unit development application. At the time of withdrawal, the city indicated that a majority of the above stated fees would be applied to the re-submitted application. Therefore, on behalf of DMB Investments, I hereby respectfully request that the fees for our new applications, which include a preliminary plat, annexation with rezone, be calculated to include the credit for the unused fees. Please forward this request on to the Mayor City Council for their consideration. Thank you for your time and consideration. Dan Torfin Pinebridge, Project Manager 3/8/2007 • • March 16, 2007 FP 07-002 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT Solitude Development, LLC ITEM NO. 12 REQUEST Continued from March 6, 2007: Request for Final Plat approval of 52 single- family residential building lots, one park lot and 5 common lots on 16.84 acres in an R-8 zone for Solitude Subdivision No 2 -SEC of McMillan Road & Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See minutes from March 6, 2007 See attached Comments & Revised Description No Comment Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL C/C March 20, 2007 IN THE MATTER OF THE APPLICATION OF SOLITUDE DEVELOPMENT, LLC, FOR FINAL PLAT APPROVAL OF 52 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS,1 PARK LOT, AND 5 COMMON LOTS ON 16.84 ACRES IN AN R-8 ZONE LOCATED ON THE SOUTH SIDE OF WEST MCMILLAN ROAD AND ON THE EAST SIDE OF NORTH MERIDIAN ROAD IN THE NW 1/ OF T. 4N., R. lE., SECTION 31 CASE NO. FP-07-002 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on March 20, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: March 20, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING SOLITUDE SUBDIVISION N0.2 LOCATED IN THE NW 1/ OF T. 4N., R.lE., SECTION 31, BOISE MERIDIAN, MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOLITUDE SUBDIVISION N0.2 / (FP-07-002) Page 1 of 5 • ADA COUNTY, IDAHO 2007, HANDWRI'1 I'EN DATE: 03/02/07, SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP", SOLITUDE DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Deparlrnent, dated: Hearing Date: March 20, 2007, listing 18 SITE SPECIFIC REQUIREMENTS/FINALPLRT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their March 20, 2007 meeting as follows, to-wit: 1.1 Adopt the action of the Council taken at their March 20, 2007 meeting, and specifically pertaining to the Staff Report, under Conditions of Approval, numbers 2, 4, and 12, such that they now read as follows: 2. The Final Plat approval for this subject phase shall expire 18-months from the Cit~En ' eer's signature of phase 1. 4. Prior to signature on the final plat by the City Engineer the applicant shall submit a ~ license agreement with Settlers Irrigation District to fence into the portion of the easement encroaching into the lots for the Gish Lateral or 2) prior to construction plan approval, provide documentation that the facility ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOLITUDE SUBDIVISION N0.2 / (FP-07-002) Page 2 of 5 is a private users lateral and submit the users approval to til%pe the facility. 12. Lots 13 and 14, Block 11 do not meet the minimum required street frontage for the R-8 zone. Revise the plat so the individual lots armlets meet the required minimum street frontage for the R-8 zone, or comply with the common driveway standards and note such common driveway standards and note such common driveway as an easement on the plat. 1.2 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOLITUDE SUBDIVISION N0.2 / (FP-07-002) Page 3 of 5 • • 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of ofF site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHING5 ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, withintwenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the a~~ day of ~~„ , 2007. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOLITUDE SUBDIVISION N0.2 / (FP-07-002) Page 4 of 5 ! ~ ,,,,,,,,IIII,IBy; ~~' OR T de WEERD ATTEST: ~•``~'~y ~ '°°o r~. ; ~: ~~~ LIAM G. BERG, ., fiLE ~ ~~ ; ~~ ``~~ y~.~,~ T 4~1 , ~ ~a° ''s~i,~~ll1lt11i liii111111,\~`` Copy served upon: / Applicant / Planning Department / Public Works Department ~~ City Attorney By: Dated: ~' ~~'01 ity Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOLITUDE SUBDIVISION N0.2 / (FP-07-002) Page 5 of 5 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: February 20, 2007 Transmittal Date: February 15, 2007 Mayor and City Council Kristy Vigil, Assistant City Planner 208-884-5533 Michael Cole, Development Services Coordinator 208-898-5500 Solitude Subdivision No. 2 ~'l C Request for Final Plat Approval of Solitude Subdivision No. 2 Consisting of 52 Single-Family Residential Building Lots, 1 park lot, and 5 Common Area Lots on 16.84 Acres in an R-8 Zone by Solitude Development, LLC (File# FP-07-002). submittal and offer the following comments and conditions of the applicant. ~e considered in full, unless expressly modified or deleted by motion of the APPLICATION SUNIlVIARY & LOCATION The applicant, Solitude Development, LLC, has applied for final plat approval of 52 single-family residential building lots, lpark lot and 5 common area lots on 16.84 acres of land for Solitude Subdivision No. 2. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). The gross density of the proposed subdivision is 3.09 dwelling units per acre; the net density is 3.88 dwelling units per acre. Solitude Subdivision No. 2 is located on the south side of West McMillan Road and on the east side of North Meridian Road in the NW % of T. 4N., R. lE., Section 31. This property has not been previously platted. The City Council approved the preliminary plat for Solitude Subdivision on April 11, 2006 and the submitted fmal plat substantially complies with the approved preliminary plat. Staff recommends approval of Solitude Subdivision No.2 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-06-007), development agreement (Inst. #106133466), and preliminary plat (PP-06-006) for this subdivision. 2. The Final Plat approval for this subject phase shall expire 18-months from the signature of phase 1. 3. Prior to construction plan approval revise the construction plans to include only improvements being proposed with boundaries of this phase. ~a X ;~~r`.~ r~,r ~a~~I~~ ~ ~ ~~ ~-~° g~ ~.vao ,~ f ~°~ds~.a.~R' ~~~ Exhibit "A" FP-07-002 Solitude Subdivision No. 2 FP.doc PAGE I • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. Prior to signature on the final plat by the City Engineer the applicant shall submit a license agreement with Settlers Irrigation District to fence into the portion of the easement encroaching into the lots for the Gish Lateral. The applicant has indicated that Settlers Irrigation District will own and operate the required pressurized irrigation system in this development. Therefore an email from Settlers indicating plan approval, pressure irrigation system ownership and approved license agreement shall be submitted prior to scheduling of apre-construction meeting. 6. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 7. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. Sanitary sewer and water service to this site is being proposed via extensions of existing mains installed in phase #1. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 9. The applicant shall coordinate with Public Works, prior to plan approval, to ensure the sewer main is being routed in a manner that enough depth is preserved to meet the elevation of the lift station in Cobre Basin Subdivision. 10. Prior to signature on the final plat include the book and page numbers for Solitude Place #1 on the face of the plat. 11. The bearings of the lines common to Cobre Basin Subdivision and Burney Glen do not seem to match the bearings of record. Please confirm this and include any bearings of record in parenthesis on the face of the plat. 12. Lots 13 and 14, Block 11 do not meet the minimum required street frontage for the R-8 zone. Revise the plat so all lots meet the required minimum street frontage for the R-8 zone. 13. Revise or add the following note(s) on the face of the plat prepared by Engineering Solutions, LLP., stamped on 03/02/07 by D. Terry Peugh, prior to signature of the final plat by the City Engineer: 10.) Revise to read, " Fencing adjacent to Lot Z0, Block 5 and Lot 5, Block 11 shall be ' in compliance with the applicable zoning re~uulations of the City of Meridian at the time of submittal. 14. The landscape plan, prepared by Harvest Design and dated 02/26/07 shall be revised as follows: a. Include lawn symbol on the plan. b. The conifers in the plant material legend are labeled as trees, revise accordingly. Exhibit "A" FP-07-002 Solitude Subdivision No. 2 FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT c. Fencing adjacent to Lot 20, Block 5 and Lot 5, Block 11 shall comply with UDC 11-3A- 7A7 (not the 4-foot with lattice on top as proposed), revise plan accordingly d. Label the fencing adjacent to Lot 20, Block 5. e. Remove (relocate) the shrubs located within the public right-of--way on the southeast corner of E. Grand Canyon Drive & N. Longabaugh Way, and all corners of E. Red Rock Street & N. Weston Avenue and E. Havasupai Street & N. Weston Avenue. f. All evergreens/conifers shall be a minimum of 6-foot in height. The sequoia is labeled as a #3, revise plan accordingly. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 15. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 16. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 17. Complete the Certificate of Owners and the accompanying acknowledgement. 18. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, 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 plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit "A" FP-07-002 Solitude Subdivision No. 2 FP.doc PAGE 3 CITY OF MERIDIAN PL~ ING AND PUBLIC WORKS DEPAR• ENTS STAFF REPORT 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the fmal plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Solitude Subdivision No. 2 (FP-07-002) with the above stated comments and conditions. Exhibit "A" FP-07-002 Solitude Subdivision No. 2 FP.doc PAGE 4 Message Kristy Vigil From: Shari [es-sharis@gwest.net] Sent: Tuesday, March 20, 2007 3:25 PM To: Kristy Vigil; Mike Cole Cc: es-beckym@gwest.net Subject: Solitude Subdivision No. 2 Kristy/Michael: Following are our responses to the staff comments: Site Specific Conditions: • Pagc 1 oi' 1 2. The wording of this condition is confusing and seems to imply we can submit the plat for signature whenever we want and that the final plat approval expires 18 months after Len Grady's signature, even if the plat is recorded! Please clarify. 4. The plat is in error, the Gish Lateral does not belong to Settlers' Irrigation District, it is a private ditch serving Mr. Starkey only. No license agreement is required. This was verified with Nathan Draper at Settlers' Irrigation District today. Please delete this condition. 12. Lots 13 and 14, Block 11, meet the required minimum street frontage per the UDC. These two lots will have a shared driveway; therefore, only 40-foot frontages are required. Please delete this condition. We wil{ comply with all other conditions of approval. Please call me if you have any questions and/or you think we need to be present at the meeting tonight. Thanks, guys! Keep up the good work! 4/13/2Q07 Exhibit °s° March 16, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT Estancia Development ITEM NO. 13 REQUEST Request for Final Plat approval for 62 single-family residential building lots and 8 common lots on 20.18 acres in an R-8 zone for Estancia Subdivision No 2 -West of Eagle Road on Amity Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See Attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: See Attached Comments MERIDIAN POST OFFICE: OTHER: See email response from AJ Lopez Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 20, 2007 r FP 07-005 N M BEFORE THE MERIDIAN CITY COUNCIL C/C March 20, 2007 IN THE MATTER OF THE APPLICATION OF ESTANCIA DEVELOPMENT, INC., FOR FINAL PLAT APPROVAL OF 62 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 8 COMMON LOTS ON 20.18 ACRES IN AN R-8 ZONE LOCATED WEST OF EAGLE ROAD ON AMITY ROAD IN THE WEST I/: OF THE SE 1/ OF THE SW '/ OF T. 3N., R. lE., SECTION 29 CASE NO. FP-07-005 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on March 20, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: March 20, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING ESTANCIA SUBDIVISION N0.2 LOCATED IN THE WEST %Z OF THE SE'/ OF THE SW'/ OF T. 3N., R., lE., SECTION 29, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR ESTANCIA SUBDIVISION N0.2 / (FP-07-005) Page 1 of 4 ~ r HANDWRITTEN DATE: 01/31/07, SHEET 1 OF 5, BAILEY ENGINEERING, INC.", ESTANCIA DEVELOPMENT, INC., Developer, is ConditionallyApproved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: March 20, 2007, listing 17 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 11 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Bailey Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the response letter from Intermountain Gas Company, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their March 20, 2007 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ESTANCIA SUBDIVISION NO.2 / (FP-07-005) Page 2 of 4 ~ ~ discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all ofF site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ESTANCIA SUBDIVISION N0.2 / (FP-07-0OS) Page 3 of 4 ~~ • Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, withintwenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~Q ~" day of -~~.Yc,h , 2007. `,i,`~e, u n n l u r~a <~``,`~4 YOR T de WEERD ATTEST: ~.~`~ C~' ~'; A~ o ~ _• WILLIAM G. BERG, J ., ,C ~~ ~ ,. .~' ~/',',/~~~~Ilfflll It~~~~ Copy served upon: `Applicant ~~ Planning Department /'Public Works Department City Attorney By: Dated: ~ -~ ~ ~~ ity Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ESTANCIA SUBDIVISION N0.2 / (FP-07-005) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS STAFF REPORT: Hearing Date: March 20, 2007 Transmittal Date: March 15, 2007 TO: Mayor and City Council F~ DEPARTMENTS STAFF REPORT ,a ~''f ~ ,, My. gi ~4 q ira.~w~ ~~ 9' s ~~~~a FROM: Kristy Vigil, Assistant City Planner 208-884-5533 Michael Cole, Development Services Coordinator ~ C 208-898-5500 SUBJECT: Estancia Subdivision No. 2 Request for Final Plat Approval of Estancia Subdivision No. 2 Consisting of 62 Single-Family Residential Building Lots and 8 Common Area Lots on 20.18 Acres in an R-4 Zone by Estancia Development, LLC (File# FP-07-00~. We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUNIlVIARY & LOCATION The applicant, Estancia Development, LLC, has applied for fmal plat approval of 62 single-family residential building lots and 8 common area lots on 20.18 acres of land for Estancia Subdivision No. 2. The zoning district for the proposed subdivision is R-8 (Medium-Density Residential). The gross density of the proposed subdivision is 3.1 dwelling units per acre; the net density is 4.2 dwelling units per acre. Estancia Subdivision No. 2 is located on the north side of Amity Road, approximately a % mile east of Locust Grove Road in the SW '/a of T. 3N., R. lE., Section 29. This property has not been previously platted. This second phase of Estancia Subdivision was originally preliminary platted as Cottswold Village Subdivision. The City Council approved the preliminary plat for Cottswold Village Subdivision on November 28, 2006. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Estancia Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-06-042) and preliminary plat (PP- 06-044). 2. The Final Plat approval for this subject phase shall expire on 12/12/08. Sanitary sewer and water service to this site is being proposed via extensions of existing mains installed in previous phases. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Exhibit "A" FP-07-005 Estancia Subdivision No. 2 FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. The City Engineer shall not sign the plat for this development prior to the Black Cat Trunk connecting to the Glacier Springs Diversion Manhole, or the applicant shall be required to install an "Off Peak Pumping Station" in a location coordinated with the Public Works Department. The design shall be coordinated with the Public Works Department. 5. Revise the construction plans and plat to include the 15-inch sewer main being proposed from Bellingham Park to be included in a common lot, instead of within a buildable lot. All lots must still meet them minimum dimensional standards as required by code. 6. The applicant shall be required to install the sewer to and through this subdivision. This means an 8-inch line to the western boundary in Amity Road, and the 15-inch line to the eastern boundary in Amity Road. 7. Prior to any excavation or improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. The applicant has indicated that Nampa and Meridian Irrigation District will own and operate the required pressurized irrigation system in this development. Therefore a letter of plan approval shall be submitted prior to scheduling of a preconstruction meeting. 9. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 10. The applicant shall dedicate additional Public Utilities, Drainage and Irrigation Easement along interior lot lines where the pressurized irrigation system is being installed. The width needs to be sufficient to ensure 5-feet past the centerline of pipe. 11. Graphically depict a special setback from the right-of--way on the lots listed below. The setback needs to be sufficient to ensure the 20-foot separation between an infiltration trench and a building foundation as required by The Department of Environmental Qualities Best Management Practices: a) The eastern boundary of Lots 11-15 Block 5. b) The north boundary of Lots 1-2, Block 14. 12. Revise or add the following note(s) on the face of the plat prepared by Bailey Engineering, Inc., stamped on 01/31/07 by D. Terry Peugh, prior to signature of the final plat by the City Engineer: 8.) Revise to read, "...shall be _e~,-.:,,*°~' +~ ~ „~ ~ ~+ ~ ~~;~ ~; . ~~ r~re..:a: ~- ......,.... .,.. ........,.,. ..~... mar ~e~s in compliance with the annlicable zoning reQ,ulations of the City of Meridian at the time of submittal". 10.) Delete note. 12.) Revise note to accurately reflect where sewer easement will be placed per site specific condition #5 above. 13. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan as amended with condition #14 below. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing Exhibit "A" FP-07-005 Estancia Subdivision No. 2 FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 14. The landscape plan, prepared by Jensen Belts and dated 02/07/07, shall be revised as follows: a. Include the details of the gazebo on the face of the plan; b. Label the fencing adjacent to Lots 2 - 5, Block 15. c. The 6-foot solid fencing adjacent to Lot 9, Block 13 shall be revised per UDC 11-3A- 7A7b. Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 15. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 16. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 17. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAI. REQUIItEMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, 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 plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape Exhibit "A" FP-07-005 Estancia Subdivision No. 2 FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOIVIlVIENDATION Staff recommends approval of the final plat for Estancia Subdivision No. 2 (FP-07-005) with the above stated comments and conditions. Exhibit "A" FP-07-005 Estancia Subdivision No. 2 FP.doc PAGE 4 Dt\"1'1~~: March 20.2{)07 T0: Mayor and City Council ItG: Cst~ncia Subdi~~ision No. 2 Uear Mayor and City Council, • On behalf of our client we would like to state that Estancia Development, I_LC., agrees with all Site Specific Comments aid Conditions set forth in the final plat for l~stancia Sulxiivision No. 2 '1"hank you for your time and consideration, Sincerely, Aj Lopez 1500 E. Iron Eagle Drive ® Eagle, Idaho 83616 s Tel.: 208-938-0013 s Fax: ZOIi-938-0516 vvww. baileyengineers. cone Exhibit "B" ~: e ~\ `~ i~ ~^ \ ' ~''~ \ -~' 1I ~ ~,, WESTERN REGION OFFICE INTERMOUNTAIN GAS COMPANY 555 SOUTH COLE ROAD P.O. BOX 7608 BOISE, ID 83707 (208)377-6000 FAX (208)377-6867 ~ z ~ zoos To Planning and Zoning, • I~i~~i ° ~ ~~~~ u~,. nt~. i t;.;, - i .. Re ' ~P 07 Day LL~~r,~ tea, ~'. ~ Intermountain Gas Company has received your letter of application. In order to best serve this development Intermountain Gas does require that a 5' minimum utility easement along the interior lot lines and a 10' minimum utility easement along all right of ways or private drive. The private drive of the development would also be required to include a utility easement for Intermountain Gas to encroach into with the gas lines. Thank you for your time and consideration in this matter. If you have any questions or concerns please contact Mishelle Singleton at 377-6863. Sincerely, \~ ~w1L~~ Mishelle Singleton Engineering Tech cc: Roger Phillips E!chibit "C" • i March 1 b, 2t~7 MI 07-003 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT David Waldron ITEM NO. ~4 REQUEST Continued Public Hearing from March 13, 2007: Request far a Miscellaneous application for Modification of the existing Development Agreement to remove Item 6.1 which requires procurement of detailed conditional use permit prior to development/use of each lot within the subdivision for Sparrowhawk Sub Nos 1 8~ 2 - N of Franklin Road 8~ East of Locust Grove 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: COMMENTS See Attached Minutes from 3.13-07 City Council MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubflc rneefhtgs shall become property of the City of Meridian. March 16, 2007 MI 07-002 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT Ken Lenz ITEM NO. 15 REQUEST Public Hearing -Miscellaneous application to modify the recorded Development Agreement (Inst. 105134293) pertaining to access for the site for Medina Subdivision - SWC of S. Meridian Road and W. Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Aftached Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Aiftdavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubic meetings shall become property of the Clty of Meridian. March 16, 2007 PP 07-003 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT Ken Lenz ITEM NO. 16 REQUEST Preliminary Plat approval of 6 commercial building lots on 8.06 acres in a C-G zone for Medina Subdivision - SWC of Sou#h Meridian Road and West Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See Attached Minutes / Pd~Z item Packet See Attached Comments / Rec's MERIDIAN POST OFFICE: OTHER: See Attached Afftdavit of Posting Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at pubNc meetings shall become properly of fhe City of Meddlan. March 16, 2~7 MERIDIAN CITY COUNCIL MEETING March 20, 2~7 AZ 06-058 APPLICANT M 8~ H Development, LLC ITEM NO. ~ 7 REQUEST Annexation and Zoning of 38.01 acres from RUT (Ada County) to R-8 zone ... for Sagewood Subdivision -4435 S. Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: IMERMOUNTAIN GAS: MERIDIAN POST OFFICE: See PdZ Item Packet /Attached Mtnu~es See attached Recommendations OTHER: See Attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeNrtys shall became properly of the CHy of Meridian. • March 16, 2007 MERIDIAN CITY COUNCIL MEETING March 20, 2007 PP Q6-057 APPLICANT M & H Development, LLc ITEM NO. ~ 8 REQUEST Preliminary Plat approval of 115 single-family residential building lots and 6 common/other lots on 38.01 acres in a proposed R-8 zone for Sagewood Subdivision - 4435 S. Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT; CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See P>~Z item Packet / Attached Minutes See Attached Recommendations OTHER: See Attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings sha0 become properly of the Ctly of Merldfan. • i March 16, 2007 VAR 06-025 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT M&H Development, LLC ITEM NO. 19 REQUEST Public Hearing -Variance to exceed the maximum block length allowed by UDC 11-6C-3F for Sagewood Subdivision -4435 S. Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No Objection NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Affidavit of Postin Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall became properly of the CNy of Meridian. March 16, 2007 PP O6-0b0 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT Gemstar Development ITEM NO. ZO REQUEST Preliminary Plat approval of 30 single-family building lots, 3 common lots and 1 other lot on 10.57 acres in a proposed R-8 zone for Sundial Subdivision -South of Ustick Road and West of Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See PtiZ Item Packet /Attached Minutes See Attached Recommendatlons OTHER: See Attached letters from Cynthia Stewart ~ Denise Berger Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at p~Uc meetings shad become properly of the City of Merldlan. March 16, 2047 AP 07-002 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT Larry 8~ Judy Kelley ITEM NO. 21 REQUEST Public Hearing -City Council review in an Appeal of the Planning & Zoning Commission's denial of a Conditional Use Permit to allow a 200 square foot canvas carport in the O-T zone for Kelley Carport -403 E. 2nd Street AGENCY COMMENTS CITY CLERK: See Attached Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No ObJecflon NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Request from Judy Kelley / Dwe Bourff letter Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 15, 2007 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT ITEM NO. 2Z REQUEST Ordinance -New Fireworks Ordinance - 2nd Reading AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Ordinance Date: Phone: Staff Initials: ~. Materlais presented at pubUC meetir-8s shall become property of the City of Meridian. • ,~ March 16, 2007 Executive Session MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT ITEM NO. 2S REQUEST Executive Session per Idaho Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and 67-2345(1) (f) - (to consider and advise its legal representatives in pending litigation): AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.