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HomeMy WebLinkAbout2006-05-09CITY OF MERIDIAl®1 CITI( COUNCIL REGULAR MEETING AGENDA Tuesday, May 9, 2006, at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: _~ Shaun Wardle ~ Joe Borton ~ Charlie Rountree ,~ Keith Bird ~, Mayor Tammy de Weerd 2. Pledge of Allegiance: /~~~,, ~,~~ltf ~ h,, ~S 3. Community Invocation by ~9Z ovr~ - lj~i+iz G~ ~`~ dpi a~.. ~ GA~v~ 4. Adoption of the Agenda: ~~ ~ 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 05- 051 Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensburg Subdivision by Centennial Development, LLC -northwest comer of North Ten Mile Road and West Pine Avenue: ~~~-rov~c. B. Findings of Fact and Conclusions of Law for Approval: PP 05- 052 Request for Preliminary Plat approval of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone for Ellensburg Subdivision by Centennial Development, LLC - northwest comer of North Ten Mile Road and West Pine Avenue: ~~ ~- C. Findings of Fact and Conclusions of Law for Approval: CUP 05-047 Request fora Conditional Use Permit fora Planned Development for multi-family residential units with a request for reductions to the street frontage requirements for Ellensburg Subdivision by Centennial Development, LLC -northwest comer of North Ten Mile Road and West Pine Avenue: ~~j~~ Meridian City Council Meeting Agenda -May 9, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. •. ~ • D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 064 Request for Annexation and Zoning of 116.81 acres from RUT to R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. -south of West Overland Road and west of South Stoddard Road: ~~-r~vv-~.~ E. Findings of Fact and Conclusions of Law for Approval: PP 05- 064 Request for Preliminary Plat approval of 321 building lots and 34 common lots on 116.81 acres in a proposed R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. -south of West Overland Road and west of South Stoddard Road: ~~~ F. Findings of Fact and Conclusions of Law for Approval: VAR 05-026 Request for a Variance to exceed maximum block lengths in a proposed R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. -south of Overland Road, east of Linder Road and west of Stoddard Road: ,r~~aroir-~• G. Findings of Fact and Conclusions of Law for Approval: AZ 05- 038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyerer Development, LLC - southeast comer of Ten Mile Road and Chinden Boulevard: ~~~rb v~ H. Findings of Fact and Conclusions of Law for Approval: PP 05- 037 Request for Preliminary Plat approval of 175 single-family residential building lots and 12 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast comer of Ten Mile Road and Chinden Boulevard: ~j~ ~`~- I. Development Agreement - RZ 05-020 Request for a Rezone of .17 acres from R-4 to O-T zones for operation of a barber shop for Fred's "Reel" Barber Shop by Fred Pratt - 1127 North Meridian Road: ~v~~v~v J. Approve Sanitary Sewer and Water Main Easement Aareement for WH Moore Shell by Kimball Properties, LP: ~~~~ 7 ~ K. Approve Access Easement Between the Citv of Meridian (Grantor) and ACHD (Grantee) on Lot 21 of the Amended Plat of Block 1 of the Townsite of Meridian (55 East Broadway) requested as a Condition of the Creamery Alley Vacation: ~i~crtidS-~ ~~y ~i~~l~u~~ ~~~ L. A rove Contract for the Blackstone Lift Station Abandonment ~~. with Star Construction, LLC: ~y~.j,r~, v~ / ~,~ ~ ~g,v 7 Meridian City Council Meeting Agenda -May 9, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~• ~~ M. Approve Chance Order No. 2 for the Black Cat Trunk Sewer Phase 1 Proiect with Bodiford Construction, Inc.: ~ i~~' ~ ~ 29~ 36®. N. Approve Contract for Task Order, Scope of Work, and Budget for Professional Services for the Meridian Plan Check with CH2M Hill: G;~~y~yv~ ~°~~ ®p~, o~ O. Approve Contract for the South Area Lift Station and Pipeline Proiect Amendment No. 1 with CH2M Hill: ~~~.,,'~-~' ~` ~ y® 100. °._ P. Approve Easement for Nampa Meridian Irrigation District at Well 25 on Lot 1, Block 2 of Messina Hills Subdivision No. 1 for Ingress and Egress to, and for Installation, Operation, and Maintenance of an Irrigation System Pump Station and Associated Facilities: ~/~~v~ - Q. Approve Beer and Liquor License Applications for William R. Kosterman for The Busted Shovel at 704 N. Main Street: ~ ~, 6. Department Reports: A. Mayor's Office Proclamation for Letter Carriers Food Drive Dav: /~a~ B. Parks Department -Doug Strong 1. Champion Park Budget Amendment for Impact Fee Reimbursement: ~/y~,r~, ~2/2~ ~d C. Legal Department -Bill Nary 1. Discussion of Procedures of Meetings Ordinance: ~r7ewlleaC, 7. Items Moved from Consent Agenda: /C ~ G~ 8. Request for Reconsideration of Denial for a Variance for two access points onto Eagle Road / SH 55 and to the Approval of Preliminary Plat Conditions as they Relate to Eagle Road Access for Gateway Marketplace by Landmark Development, LLC: ~r,~v~c. ~t~ ~~G }~eQl!~nS 9. Continued from May 2, 2006: Appeal Hearing for Order to Remove Junk Vehicle by Steven Cadv with Meridian Cherry Lane Mobile Home Park: ,/~'e~~ ~/f °° cvrwfiYrc~ih~ erd~- ~'e~o~-~ r+.ezc~ ~~ 10. Continued Public Hearing from April 25, 2006: AZ 05-067 Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Meridian City Council Meeting Agenda -May 9, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~~ ~~ Medium-High Density Residential zone for Casa eridiana by Insight Architects - 1777 Victory Road: Co~yfh h~/v ~., ~ -Z®_®,6 11. Continued Public Hearing from April 25, 2005: CUP 05-060 Request for a Conditional Use Permit fora 32-unit multi-family development in a proposed R-15 Medium-High Density Residential District for Casa Meridians by Insight Architects -1777 Victory Road: e~,~fj h~~~~.. ~ ~~Za-~~ 12. Continued Public Hearing from May 2, 2006: AZ 05-060 Request for Annexation and Zoning of 4.92 acres from RUT to C-G zone for Ada County Hi hwa District Ustick Road Pro ert by the Ada County Highway District - 3595 East Ustick Road: ~,,~~~,,,~ /f'~ a/e~'~~,~~a~ 13. Public Hearing: AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C-C (3.68 acres) for Hightower Subdivision by Hightower, LLC -southwest comer of Chinden Boulevard and Jericho~Road: v-~ ~o /fi. ~a ~~-l6 -vC~ 14. Public Hearing: PP 06-003 Preliminary Plat approval of 106 residential lots, 4 commercial lots, 2 private street lots and 25 common lots on 22.94 acres in proposed R-8, R-15 and C-C zones for Hightower Subdivision by Hightower, LLC -southwest comer of Chinden Boulevard and Jericho Road: ~~yv~rh~-t~~v/!>, ,~-n ~~C~6s~/v 15. Public Hearing: CUP 06-004 Request for a Conditional Use Permit for a Mixed Use Planned Development that includes single-family detached, townhouse units, commercial uses, private streets, a neighborhood park and a vehicular access to Chinden Boulevard for Hightower Subdivision by Hightower, LLC -southwest comer of Chinden Boulevard and Jericho Road: ~,rr,ifyh,~.c~ ~ /h. ~ ~~~6-od 16. Public Hearing: NAR 06-004 Request for a Variance to construct an access to Chinden Boulevard, a State Highway, for Hightower Subdivision by Hightower, LLC -southwest comer of Chinden Boulevard and Jericho Road: ~~'~, /~/~- ~, d,~~~.,a/ 17. Public Hearing: AZ 06-006 Request for Annexation and Zoning of 10.01 acres from RUT to C-G zone for Knighthill Center Subdivision by Sea 2 Sea, LLC -southwest comer of Linder Road and Chinden Boulevard: Mme a••~ ~1~~ G~~ ~ a~°~.c~ 18. Public Hearing: P~06-005 Request for Preliminary Plat approval of 4 commercial lots and 1 common lot on 10.01 acres in a proposed C-G zone for Knighthill Center Subdivision by Sea 2 Sea, LLC -southwest corner of Linder Road and Chinden Boulevard: /a rr~cv,,L ~1~~ Gl-~~ar ~~,~~.e. Meridian City Council Meeting Agenda -May 9, 2006 Page 4 of 5 All materials presented at public meetings shall become properly 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. •~ •. 19. Public Hearing: AZ 06-011 Request for Annexation and Zoning of 29.69 acres from RUT to an R-4 zone for Basin Creek Subdivision by Pacific Landmark Development - 5603 North Locust Grove Road: 20. Public Hearing: PP 06-009 Request for Preliminary Plat approval of 88 building lots and 10 common lots on 29.69 acres in a proposed R-4 zone for Basin Creek Subdivision by Pacific Landmark Development - 5603 North Locust Grove Road: ~~e~„~¢ ~G~~ ~% ~ ~~~,~,~~ 21. Resolution No. ®6 -'J~j ~ : Increase to Water and Sewer Rates: ~/~''""`~- - G~"""v ! ~ Zdo~ G~~~r.~7v~ci 22. Ordinance No. ~~ ~ ~ 2 ~ l RZ 05-020 Request for a Rezone of .17 acres from R-4 to O-T zones for operation of a barber shop for Fred's "Reel" Barber Shop by Fred Pratt - 1127 North Meridian Road: ~"~ Meridian City Council Meeting Agenda -May 9, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~~ CITY OF MERIDIAI~1 CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 9, 2006, at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by 4. Adoption of the Agenda: 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 05- 051 Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensburg Subdivision by Centennial Development, LLC -northwest comer of North Ten Mile Road and West Pine Avenue: B. Findings of Fact and Conclusions of Law for Approval: PP 05- 052 Request for Preliminary Plat approval of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone for Ellensburg Subdivision by Centennial Development, LLC - northwest comer of North Ten Mile Road and West Pine Avenue: C. Findings of Fact and Conclusions of Law for Approval: CUP 05-047 Request fora Conditional Use Permit fora Planned Development for multi-family residential units with a request for reductions to the street frontage requirements for Ellensburg Subdivision by Centennial Development, LLC -northwest comer of North Ten Mile Road and West Pine Avenue: Meridian City Council Meeting Agenda -May 9, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~~ ~~ D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 064 Request for Annexation and Zoning of 116.81 acres from RUT to R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. -south of West Overland Road and west of South Stoddard Road: E. Findings of Fact and Conclusions of Law for Approval: PP 05- 064 Request for Preliminary Plat approval of 321 building lots and 34 common lots on 116.81 acres in a proposed R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. -south of West Overland Road and west of South Stoddard Road: F. Findings of Fact and Conclusions of Law for Approval: VAR 05-026 Request for a Variance to exceed maximum block lengths in a proposed R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. -south of Overland Road, east of Linder Road and west of Stoddard Road: G. Findings of Fact and Conclusions of Law for Approval: AZ 05- 038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Development, LLC - southeast comer of Ten Mile Road and Chinden Boulevard: H. Findings of Fact and Conclusions of Law for Approval: PP 05- 037 Request for Preliminary Plat approval of 175 single-family residential building lots and 12 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast comer of Ten Mile Road and Chinden Boulevard: I. Development Agreement - RZ 05-020 Request for a Rezone of .17 acres from R-4 to O-T zones for operation of a barber shop for Fred's "Reel" Barber Shop by Fred Pratt - 1127 North Meridian Road: J. Approve Sanitary Sewer and Water Main Easement Aareement for WH Moore Shell by Kimball Properties, LP: K. Approve Access Easement Between the Citv of Meridian (Grantor) and ACRD (Grantee) on Lot 21 of the Amended Plat of Block 1 of the Townsite of Meridian (55 East Broadway) requested as a Condition of the Creamery Alley Vacation: L. Approve Contract for the Blackstone Lift Station Abandonment with Star Construction, LLC: Meridian City Council Meeting Agenda -May 9, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. •~ ®~ M. Approve Change Order No. 2 for the Black Cat Trunk Sewer Phase 1 Proiect with Bodiford Construction, Inc.: N. Approve Contract for Task Order, Scope of Work, and Budget for Professional Services for the Meridian Plan Check with CH2M Hill: O. Approve Contract for the South Area Lift Station and Pipeline Proiect Amendment No. 1 with CH2M Hill: P. Approve Easement for Nampa Meridian Irrigation District at Well 25 on Lot 1, Block 2 of Messina Hills Subdivision No 1 for Ingress and Egress to, and for Installation, Operation, and Maintenance of an Irrigation System Pump Station and Associated Facilities: Q. Approve Beer and Liauor License Applications for William R Kosterman for The Busted Shovel at 70~ N. Main Street: 6. Department Reports: A. Mayor's Office 1. Proclamation for Letter Carriers Food Drive Dav: B. Parks Department -Doug Strong 1. Champion Park Budget Amendment for Impact Fee Reimbursement: C. Legal Department -Bill Nary 1. Discussion of Procedures of Meetings Ordinance: 7. Items Moved from Consent Agenda: 8. Reauest for Reconsideration of Denial for a Variance for two access points onto Eagle Road / SH 55 and to the Approval of Preliminary Plat Conditions as they Relate to Eagle Road Access for Gateway Marketplace by Landmark Development, LLC: 9. Continued from May 2, 2006: Appeal Hearing for Order to Remove Junk Vehicle by Steven Cadv with Meridian Cherry Lane Mobile Home Park: 10. Continued Public Hearing from April 25, 2006: AZ 05-067 Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Meridian City Council Meeting Agenda -May 9, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. •s ~~ Medium-High Density Residential zone for Casa Meridians by Insight Architects -1777 Victory Road: 11. Continued Public Hearing from April 25, 2006: CUP 05-060 Request for a Conditional Use Permit fora 32-unit multi-family development in a proposed R-15 Medium-High Density Residential District for Casa Me= by Insight Architects -1777 Victory Road: 12. Continued Public Hearing from May 2, 2006: AZ 05-060 Request for Annexation and Zoning of 4.92 acres from RUT to C-G zone for Ada County Highwav District Ustick Road Proaertv by the Ada County Highway District - 3595 East Ustick Road: 13. Public Hearing: AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C-C (3.68 acres) for Hightower Subdivision by Hightower, LLC -southwest comer of Chinden Boulevard and Jericho Road: 14. Public Hearing: PP 06-003 Preliminary Plat approval of 106 residential lots, 4 commercial lots, 2 private street lots and 25 common lots on 22.94 acres in proposed R-8, R-15 and C-C zones for Hightower Subdivision by Hightower, LLC -southwest comer of Chinden Boulevard and Jericho Road: 15. Public Hearing: CUP 06-004 Request for a Conditional Use Permit for a Mixed Use Planned Development that includes single-family detached, townhouse units, commercial uses, private streets, a neighborhood park and a vehicular access to Chinden Boulevard for Hightower Subdivision by Hightower, LLC -southwest comer of Chinden Boulevard and Jericho Road: 16. Public Hearing: VAR 06-004 Request for a Variance to construct an access to Chinden Boulevard, a State Highway, for Hightower Subdivision by Hightower, LLC -southwest comer of Chinden Boulevard and Jericho Road: 17. Public Hearing: AZ 06-006 Request for Annexation and Zoning of 10.01 acres from RUT to C-G zone for Knighthill Center Subdivision by Sea 2 Sea, LLC -southwest comer of Linder Road and Chinden Boulevard: 18. Public Hearing: PP 06-005 Request for Preliminary Plat approval of 4 commercial lots and 1 common lot on 10.01 acres in a proposed C-G zone for Knighthill Center Subdivision by Sea 2 Sea, LLC -southwest comer of Linder Road and Chinden Boulevard: Meridian City Council Meeting Agenda -May 9, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~• •~ 19. Public Hearing: AZ 06-011 Request for Annexation and Zoning of 29.69 acres from RUT to an R-4 zone for Basin Creek Subdivision by Pacific Landmark Development - 5603 North Locust Grove Road: 20. Public Hearing: PP 06-009 Request for Preliminary Plat approval of 88 building lots and 10 common lots on 29.69 acres in a proposed R-4 zone for Basin Creek Subdivision by Pacific Landmark Development - 5603 North Locust Grove Road: 21. Resolution No. Increase to Water and Sewer Rates: 22. Ordinance No. RZ 05-020 Request for a Rezone of .17 acres from R-4 to O-T zones for operation of a barber shop for Fred's "Reel" Barber Shop by Fred Pratt - 1127 North Meridian Road: Meridian City Council Meeting Agenda -May 9, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX ~~ION REPORT ~ AS OF MAY ~•16~47 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 19 05/05 16 17 3810160 EC--S 02'42" 005 206 OK 21 05/05 16 21 PUBLIC WORKS EC-S 01'32" 005 206 OK 23 05/05 1624 8848723 EC--S 01'32" 005 206 OK 24 05/05 1628 WATER DEPT EC--S 01'34" 005 206 OK 25 05/05 16=30 2088840?44 EC-S 01'36" 005 206 OK 26 05/05 16 33 POLICE DEPT EC--S 01'33" 005 206 OK 27 05/05 1636 LIBRARY EC-S 01'33" 005 206 OK 29 05/05 16=39 2083776449 EC-S 01'33" 005 206 OK 30 05/05 1641 3886924 EC-S 01'32" 005 206 OK 31 05/05 16 43 P-AND-Z EC-S 01'33" 005 206 OK 32 05/05 16 45 FIRE DEPT EC--S 01'32" 005 206 OK ~~l:1Sf' Y'05t tClf t't,~t~U. L. wv ~v~, +~ tu- ~-~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 8, 2006, at 7:00 p.m. City Council Chambers 33 East Idaho Avenu®, Meridian, Idaho `Alfhough the City of Meridian no longer requires sworn testimony, all presenfafions before the Mayor and City Council are expected to be truthful and honest to best of the abilify of the presenter, 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance; 3. Community Invocation by 4. Adoption of the Agenda: 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 05- 051 Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensburst! Subdivision by Centennial Development, LLC -northwest comer of North Ten Mile Road and West Pine Avenue: B. Findings of Fact and Conclusions of Law for Approval: PP 05- 052 Request for Preliminary Plat approval of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone for Ellensburg Subdivision by Centennial Development, LLC - northwest corner of North Ten Mile Road and West Pine Avenue: C. Findings of Fact and Conclusions of Law for Approval: CUP 05-047 Request fora Conditional Use Permit fora Planned Development for multi-family residential units with a request for reductions to the street frontage requirements for Ellensburg Subdivision by Centennial Development, LLC -northwest comer of North Ten Mile Road and West Pine Avenue: Meridian City Council Meeting Agenda -May 9, 2008 Page 1 of 5 All materials presented at public meetings shall became property of the City of Meridian. Anyone desiring accommodation for disabUltles 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. *>k TX ION REPORT ~wx AS OF MAY ~®:19 PAGE. 01 CITY OF MERIDIAN O1 DATE TIME TO/FROM 0 MODE MIN/SEC PGS CMDtt STATUS 5/05 1648 208 BB8 2682 EC--S 01'34" 005 206 OK 02 05/05 1650 208 387 6393 EC-S 01'32" 005 206 OK 03 05/05 16 52 ADA CTY DEUELMT EC-S 01'33" 005 206 OK 04 05/0,5 1654 2088885052 EC--S 01'34" 005 206 OK 05 05/05 16 57 IDAHO ATHLETIC C EC--S 01'33" 005 206 OK 06 05/05 16:59 ID PRESS TRIBUNE EC--S 01'33" 005 206 OK 07 05/05 1702 2088886701 EC-S 01'32" 005 206 OK 10 05/05 1707 8985501 EC-S 01'32" 005 206 OK 18 05/05 17 19 LAKEUIEW GOLFCOU ---S 00'00" 000 205 BUSY THIS DOCUMENT IS STILL IN MEMORY CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 9, 2006, at 7;00 p.m. City Council Chambers 33 East Idaho Avenu®, Meridian, Idaho `:4ltttough the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weercl 2. Pledge of Allegiance: 3. Community Invocation by 4. Adoption of the Agenda: 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 05- 051 Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensburg Subdivision by Centennial Development, LLC -northwest comer of North Ten Mile Road and West Pine Avenue: B. Findings of Fact and Conclusions of Law for Approval: PP 05- 052 Request for Preliminary Plat approval of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone for Ellensburg Subdivision by Centennial Development, LLC - northwest comer of North Ten Mile Road and West Pine Avenue: C. Findings of Fact and Conclusions of Law for Approval: CUP 05-047 Request fora Conditional Use Permit fora Planned Development for multi-family residential units with a request for reductions to the street frontage requirements for Ellensburg Subdivision by Centennial Development, LLC -northwest comer of North Ten Mile Road and West Pine Avenue: Meridian City Couneil Meeting Agenda -May 9, 2pog Pa e 1 of 5 All materials presentetl at public m®etings shall become ro g Anyone desiring accommodation for disabUldes related m documents and/or hearingn~ please contact the City Clerk's CMfice at g9g,gg33 at least 48 hours prior to the public meeting. • • Meridian City Council Meeting May 9, 2006 The regular meeting of the Meridian City Council was called to order at 7:10 P.M., Tuesday, May 9, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Shaun Wardle, and Joe Borton. Others Present: Bill Nary, Will Berg, Anna Canning, Bob Stowe, Bill Johnson, Len Grady, Doug Strong, Joe Venneman, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. It is Tuesday, May 9th. It's ten minutes after 7:00. We would like to welcome you all here tonight. I'll start the meeting with the roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item 2 is the pledge of allegiance. We will be led tonight by Mr. Peoples. If you will all rise. (Pledge of allegiance recited.) De Weerd: Mr. Peoples, if I can present you this City of Meridian pin for leading us. Mr. Peoples must have had a first name; right? Berg: Brian. Item 3: Community Invocation by Pastor Steve Moore - Cherry Lane Christian Church. De Weerd: Brian. Thank you. Item No. 3 is our community invocation. Tonight we will led by Pastor Steve Moore. He's with Cherry Lane Christian Church. If you all will join us in the community invocation or take this as an opportunity for a moment of silence. Pastor Moore. Moore: Our Father and God in Heaven, having been in a room where we just said out loud together how blessed we are to live in a nation where we have such freedoms, that we are, indeed, one nation and that we acknowledge that. But there are people around this world tonight that don't have this kind of privilege that we take for granted, that have Meridian City Council May 9, 2006 Page 2 of 54 to get permission to travel. They can't say what they really think about political positions. And worse than that, God, they are being punished or held violently against their will. We thank you that we live in such a land. We thank you that we live in a such a community where there is peace and we don't have roadside bombings and there is no conflict in that sense as there is in Iraq. We pray for those from our community who are serving and keeping such freedoms ours and we promise to do our little bit to keep this world better and our community better. I pray tonight as decisions are made that will impact not just tonight, but for as far as a human might see, that you would direct the decisions of this meeting, give insight and wisdom and judgment to our Council and to our Mayor, to those who testify, to other city officials and servants. Bless them for the time they spend. Bless their families for the time they sacrifice and give as well to this community sometimes in quiet unseen ways. And we pray, God, that -- that we would be caretakers of this world that you have given us. We pray that you would remind us in our quiet moments ourselves when we are in a traffic jam or we are in a crowded line at a store buying something, where ever it is, God, and we have the pressure of every day life, that we'd realize what -- what could happen if we just smile or be friendly and express concern one to the other. We are grateful to be citizens with such opportunities, in the name of Jesus Christ, I pray, amen. De Weerd: Thank you, Pastor Moore. And congratulations on the sale of your church. Moore: Thank you. Item 4: Adoption of the Agenda: De Weerd: We look forward to seeing your project. Item No. 4, adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have a couple things in the Consent Agenda but on the regular agenda, resolution number on Item number on 22 is 06-1231. With that I would move published. Rountree: Second. which I will do when we do that, 21 is 06-519 and the ordinance that we approve the agenda as De Weerd: Okay. The motion is to approve the agenda as presented. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: ~ o Meridian City Council May 9, 2006 Page 3 of 54 A. Findings of Fact and Conclusions of Law for Approval: AZ 05- 051 Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensburg Subdivision by Centennial Development, LLC -northwest corner of North Ten Mile Road and West Pine Avenue: B. Findings of Fact and Conclusions of Law for Approval: PP 05- 052 Request for Preliminary Plat approval of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone for Ellensburg Subdivision by Centennial Development, LLC - northwest corner of North Ten Mile Road and West Pine Avenue: C. Findings of Fact and Conclusions of Law for Approval: CUP 05-047 Request fora Conditional Use Permit fora Planned Development for multi-family residential units with a request for reductions to the street frontage requirements for Ellensburg Subdivision by Centennial Development, LLC -northwest corner of North Ten Mile Road and West Pine Avenue: D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 064 Request for Annexation and Zoning of 116.81 acres from RUT to R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. -south of West Overland Road and west of South Stoddard Road: E. Findings of Fact and Conclusions of Law for Approval: PP 05- 064 Request for Preliminary Plat approval of 321 building lots and 34 common lots on 116.81 acres in a proposed R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. -south of West Overland Road and west of South Stoddard Road: F. Findings of Fact and Conclusions of Law for Approval: V/AR 05-026 Request for a Variance to exceed maximum block lengths in a proposed R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. -south of Overland Road, east of Linder Road and west of Stoddard Road: G. Findings of Fact and Conclusions of Law for Approval: AZ 05- 038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Development, LLC - southeast corner of Ten Mile Road and Chinden Boulevard: H. Findings of Fact and Conclusions of Law for Approval: PP 05- 037 Request for Preliminary Plat approval of 175 single-family residential building lots and 12 common lots on 38.5 acres in a Meridian City Council ~ • May 9, 2006 Page 4 of 54 proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC -southeast corner of Ten Mile Road and Chinden Boulevard: Development Agreement - RZ 05-020 Request for a Rezone of .17 acres from R-4 to O-T zones for operation of a barber shop for Fred's "Reel" Barber Shop by Fred Pratt - 1127 North Meridian Road: J. Approve Sanitary Sewer and Water Main Easement Agreement for WH Moore Shell by Kimball Properties, LP: L. Approve Contract for the Blackstone Lift Station Abandonment with Star Construction, LLC: M. Approve Chancre Order No. 2 for the Black Cat Trunk Sewer Phase 1 Proiect with Bodiford Construction, Inc.: N. Approve Contract for Task Order, Scope of Work, and Budget for Professional Services for the Meridian Plan Check with CH2M Hill: O. Approve Contract for the South Area Lift Station and Pipeline Proiect Amendment No. 1 with CH2M Hill: P. Approve Easement for Nampa Meridian Irrigation District at Well 25 on Lot 1, Block 2 of Messina Hills Subdivision No. 1 for Ingress and Egress to, and for Installation, Operation, and Maintenance of an Irrigation System Pump Station and Associated Facilities: Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: On the Consent Agenda we have been asked to move Item K to 7-K on the regular agenda. And Item Q to 7-Q on the regular agenda. And with that I move that we approve the rest of the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda with the removal of K and Q to the regular agenda. Is there any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. • Meridian City Council May 9, 2006 Page 5 of 54 MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office 1. Proclamation for Letter Carriers Food Drive Dav: De Weerd: Okay. Item 6. Department Reports. Rountree: Madam Mayor, before you start with your report, did you want to let the folks in the audience know that Casa Meridiana would be continued? De Weerd: Yes. Please note for the agenda that the applicant has requested a continuance for Items 10 and 11. Is there anyone here for these items? Okay. Okay. Item No. 6 under the Mayor's report, I do have a proclamation. Whereas the National Association of Letter Carriers and the U.S. Postal Service and the City of Meridian and Ada County have organized a food drive and, whereas, the general -- or Postmaster General has recognized this effective and unique door-to-door food drive and designated this event as a national community service project of both the NALC and the U.S. Postal Service in Meridian and more than 10,000 other locations around the country and whereas an estimated 30 million people go hungry every day in America, including more than 12 million children. And in Idaho approximately 190,000 Idaho residents worry that they cannot afford food to buy and 48,000 people actually went hungry and, whereas, there are about 68,400 working poor in Idaho and the working poor continues to be a growing segment of the population of Meridian and Idaho continues to lose manufacturing jobs, which are replaced by lower paying service jobs, and, whereas, the Idaho Food Bank distributed 5.6 million pounds of food to more than 215 partner agencies in 2005, which serve 15,100 people weekly, and 81,400 individuals annually and because the Food Bank network depends on its friends at the U.S. Postal Service and postal patrons for support, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Saturday, May 13th, 2006, as Letter Carriers Food Day Drive, urging all members of Meridian community to generously respond to the needs of the Idaho Food Bank network and to the invitation of the National Association of Letter Carriers to become part of the solution to the hunger in Idaho. Dated this 9th day of May 2006. B. Parks Department -Doug Strong 1. Champion Park Budget Amendment for Impact Fee Reimbursement: De Weerd: Okay. Item B is our Parks Director Doug Strong. Meridian City Council May 9, 2006 Page 6 of 54 Strong: Thank you, Madam Mayor, Members of the Council. I wanted to update you on Champion Park, but also take care of a housekeeping issue regarding complying with the development agreement that we have with the developer. We are approaching a completion date on the six acre park. Per the development agreement the title -- or the deed transfer was to take place on June 1st at the completion of the park. So, we are down to finishing the restroom and installing the shelter in that. But looking through the budget and the development agreement, we discovered that the 212,550 dollars that was -- that you approved back in July of last year for the development agreement, had never been put in a line item for Champion Park. So, we have a budget amendment request to do that impact fee dollar transfer, so that it shows up to pay for our portion -- we are buying three acres, they are donating three acres, and, then, a portion of the green up was what the 212,550 was to cover and, then, the money that's been in our budget has been the money that we have requested in our annual budget process to build the restroom, the picnic shelter, the play structure, and the basketball court, which is all specified in the agreement. So, it's a housekeeping issue to get the 212 in the line item, so that when we close out and the deed is transferred, the money will be there. De Weerd: Okay. Thank you, Doug. Any questions from Council? Bird: I have none. Rountree: I have none. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a question. How was the 212,000 left out of this year's budget? Strong: There never was a request for an amendment -- actually, the newly instituted budget amendment form that we just have been using in the last few months was not in place last July. Council approved it. I never did request the money be transferred, so, therefore, it really wasn't transferred. De Weerd: Mr. Wardle, I think, in essence, it was approved in last year's budget as an amendment upon signature of the development and that is just now occurring. So, it should have been amended in last budget and, then, carried over and that was missed. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Is it -- when you say amended, do you mean included? My discussions with Doug on this issue was -- the figure should have been included as part of the budget for last year? Meridian City Council ~ • May 9, 2006 Page 7 of 54 Strong: That's correct. De Weerd: And, then, carried forward. Borton: Okay. Strong: Then carried forward. De Weerd: Okay. So, we will need a motion to approve this. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve the budget amendment request for the already existing obligation for the impact fee reimbursement 212,550 dollars for Champion Park. Rountree: Second. De Weerd: Okay. I have a motion to approve the request in front of you. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Legal Department -Bill Nary 1. Discussion of Procedures of Meetinus Ordinance: De Weerd: Okay. Thank you, Doug. Item C. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. On your -- on your packets there is a proposed meeting ordinance for procedures for meetings, I'm sorry, and what I was going to do tonight simply was introduce that to you. We have had some discussions over the last year about procedures, both for the Council meetings, as well as the Planning and Zoning Commission and it would even apply to the parks and recreation commission if they hold public hearings. Not asking for your approval tonight, it's simply to introduce that to you, give you some opportunity to discuss it. We can put it back on your agenda next week or the week after at your pleasure, for either further discussion or for direction as to when you'd like to see it on your regular agenda. The highlights, probably, of it is trying to create a little bit tighter structure on the timing of the public testimony as it comes before the Council or the Commission, trying to set some time limits for public hearings. We have had some concerns in the Planning and Zoning Commission, because they have such full agendas, sometimes they have had to push their meetings very late, has been a concern from the staff level of making sure Meridian City Council ~ • May 9, 2006 Page 8 of 54 the public has an opportunity to be heard and give their opinions at the Commission level, as well as the Council and to not have meetings that last until 12:00 to 1:00 to 2:00 to 3:00 in the morning. And so that's the -- part of the changes that are in the agenda -- or in this ordinance. But as I said, I simply wanted to introduce it to you tonight. If you had questions I could certainly, hopefully, answer them for you. Otherwise, we could put it on next week or the week after for further discussion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would -- I agree with Bill, but I would like, myself, a hard copy and I'd like to see it come back for a yea or a nay on the 23rd, because I might have some questions that I would like to discuss with Bill or Ted. So, I'd like a hard copy. I don't know about the rest of the Council, but I like to read from a hard copy myself on something like this and I want to look it over and weigh into it and make sure that -- I think just glancing at it real quick, it's exactly what we need, but I'd like to at least study a little time on it. De Weerd: Mr. Nary, has it been run by the Commission? Nary: Madam Mayor, Members of the Council, we have had discussions with the Commission. I don't know that -- I don't think we have had specific discussions on this ordinance. So, we could certainly do that at the next -- not this next meeting, probably be the meeting after that, Mrs. Canning, or could we do it this coming meeting? Canning: We could probably do it this coming meeting if you would like. Madam Mayor, Members of the Council, I did want to point out one of the other highlights is the abbreviated hearing agenda, which would be kind of a de facto Consent Agenda and we have talked to the planning commission about this one at length and they are very interested in having that ability to do that, so that they can move some items quickly off their agenda. So, we have talked to them about all the concepts that are in this over a year ago, probably, but have not taken this specific resolution to them for them to review. Nary: And, additionally, Madam Mayor, Members of the Council, based on some of our lengthier meetings recently, they have tried at the Commission to limit the times of their meeting, set the agenda, you know, limit the number of hearings that they could have, set a time limit on the end. So, they have been trying within the confines of what exists today, to set that as a matter of practice as well. So, this would simply formalize it into an ordinance, too. De Weerd: Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council May 9, 2006 Page 9 of 54 Wardle: Certainly this is something that we discussed in our agenda meetings and I believe -- and certainly I encourage everyone to take a look at it. The intent is to formalize a process which, hopefully, fosters meaningful discussion on all agenda items and the body that is hearing the public testimony certainly always has the opportunity to ask for additional time or additional testimony, but I think one of the things that we are trying to do is formalize, so that people from the public can go to this ordinance and know what to expect in that meeting and how those procedures work. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I agree with what's been said. In a quick scan, Item B-12 -- and that's not a vitamin -- indicates more of a conduct sort of a thing, as opposed to a Public Hearing procedure as to how Council should conduct themselves on an item that might be on their agenda. So, I would -- and I think that's probably good that we have someplace, but I would think it would better serve both P&Z and the Council if we had an ordinance or had a guide that comes with things that we should do as we conduct our business. Nary: Okay. Rountree: And I don't know if there are others in there. That was just a real quick scan. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: If it's all right with the Council, what I would propose is that Mrs. Canning and will distribute copies to the Planning and Zoning Commissioners and we will ask to -- we will have that put on their agenda on the 18th for their discussion and, then, we can get that feedback to you as well on the 23rd for further discussion. If we need to make some changes we can certainly do that and, then, you can direct when you'd like to have it back. Bird: Sounds like a winner to me. De Weerd: Yes. Whatever will help. As Councilman Rountree, myself, and you all realize that when you're on Planning and Zoning you have just this license to talk, so -- Wardle: Madam Mayor? De Weerd: Mr. Wardle: Wardle: If I could just point out one other thing. Item D-4, I believe, talks about the agenda, calling an adjournment hour and sets the hour of 11:00 o'clock for those things Meridian City Council May 9, 2006 Page 10 of 54 to happen, so just to see if -- if that language is -- if the Council is comfortable with that language and we can discuss that in the future. Item 7: Items Moved from Consent Agenda: K. Approve Access Easement Between the City of Meridian Grantor) and ACHD (Grantee) on Lot 21 of the Amended Plat of Block 1 of the Townsite of Meridian (55 East Broadway) requested as a Condition of the Creamery Alley Vacation: De Weerd: Thank you. Okay. There were two items removed from the Consent Agenda. We will consider Item K on approve access easement between the City of Meridian and ACHD. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. Item 7-K is an access easement agreement between the city and ACHD regarding the vacated alley that currently now runs from Main Street to Meridian Road between the former Shell property by the creamery property and the Zamzow's property on the block just south of where we are. We had hoped to have a final version in front of you, that's why we had placed it on a Consent Agenda in anticipation of ACHD completing their review. They haven't completed their review. We hope to have that completed by this week. There are some questions that we would like some direction on or for you to consider before your approval, if we could have it back in front of you next week. Primarily, when this -- when this alley was vacated at the request of the current property owner of the -- what's commonly called the creamery site, originally the ACRD commission had recommended a turnaround in that alley. Subsequent to that discussion the staff was concerned about having a turnaround. They don't like to vacate half an alley, basically, and they don't like to have turnarounds in a narrow alley and so they requested that they provide an easement through what's currently the City of Meridian parking lot, again, south of this building and across Broadway. That's what this easement agreement is for is to allow that and it has some specific conditions that do protect the city's interest for future use of the parking lot, future use of the other parcels around this alley. There are some other considerations you may want to consider in whether or not they can create either a one way type of access to this property, so we aren't dealing with two way traffic through a parking lot, any other direction you may have, but our anticipation is to have this back in front of you either next week or the week after, if we can work out some of these side issues with ACRD. Is there other information I guess you want me to carry back to ACHD to see if we can get this issue beck both in front of their commission -- I think the 17th was their next commission hearing that they wanted to -- hopefully to have some resolution to as well. Q. Approve Beer and Liquor License Applications for William R. Kosterman for The Busted Shovel at 704 N. Main Street: Meridian Ciry Council May 9, 2006 Page 11 of 54 De Weerd: Okay. Council, any comment? Okay. Thank you. Also removed from the Consent Agenda to the regular agenda was item Q. Mr. Berg. Berg: Thank you, Madam Mayor, Members of the Council. I guess I will start this discussion off with the help of the police department and planning department and the attorneys. We have an application before us for a beer and liquor license and as far as our procedure and process at the City Clerk's office, part of the application requires a copy of the state license and the county license, which we do not have now in our hands at this time. There has been some discussion about a temporary license from the state and the applicant is in process of getting a county license and I think that is where in my office is the end of the story. There is some other issues with the classification of the use of the property, which the planning department has confirmed and the fire department has signed off on the application also. And I think that's my story. De Weerd: And you're sticking to it, uh? Berg: So far. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just to give a little further background. And the applicant Mr. Kosterman is in the audience tonight as well. The Busted Shovel is across Main Street. They had opened last week. The police department went to verify if they had a current license at the time. There has been some misunderstandings and miscommunication between the licensee and the Alcohol Beverage and Control and Lieutenant Stowe could probably best shed some light on that issue. We had some discussions, myself and Lieutenant Stowe and the clerk's office with the applicant and suggested that what we could do is at least put it on your agenda tonight for consideration. I did tell the applicant our normal process has usually been a licensee will apply for an alcohol license with the state. Once they have received approval, they also have a county license they have to acquire. That can be done simultaneously. And if I get this wrong, Mr. Berg will correct me. Normally, when we review them, before we issue a city license, we have a state license that's been approved and we have a county license that's been approved. And, then, the city will issue a license and, then, they can open and operate. Because there was some miscommunications and misunderstandings, not between the city and the applicant, but between the state and the applicant and their misunderstandings of the necessity for a county license and a city license, as well as the state license, I told Mr. Kosterman we would put it on the agenda, but it was up to the Council on whether to issue that license tonight or once the state license and the county license process was completed. It is completely within your authority to do whatever you wish to do. They don't have a county license as of today that I'm aware of. I believe the state license may have been approved according to some a-mails I have seen. So, that's what's in front of you tonight, is that it hasn't really completed a process we have traditionally followed. Part Meridian City Council May 9, 2006 Page 12 of 54 • of that was some misunderstandings between some parties here and maybe, again, Lieutenant Stowe could shed some light about that, so the Council has all the information we have about it. De Weerd: Okay. Lieutenant? Stowe: Madam Mayor, Members of the Council, there was some miscommunication between ABC at the state level and the new applicants. They told me that they were informed by ABC that they were issued a temporary license, which I obtained a copy of, which is valid until later this month. They were also informed by ABC that the license covered both our county and city license. I confirmed this, because ABC told me the exact same thing. So, when I went down and contacted the new owners, we had to close them down. They were open. They have been basically hustling to get everything in place, just because the schedule of county commissioners and our City Council agendas. They are kind on a limited time frame, so we have been working with them trying to accommodate them in any way we can and I felt that probably in the best interest of customer service with new business owners in our city we would try to do what we could to get them approved at the city level. De Weerd: Thank you, Lieutenant. Would the new owners like to comment? Kosterman: Madam Mayor, Council Members. As Lieutenant Stowe said -- Nary: You need to state your name, sir. Kosterman: Oh, sorry. I'm William Kosterman. Bill Kosterman. Busted Shovel. De Weerd: Okay. Kosterman: As Lieutenant Stowe stated, he can verify that we were completely misinformed by the state. We have been working on this deal for months and were operating under the assumptions that we had all the paperwork we needed. We have a temporary license, which was issued late in April, because the closing on the building and the liquor license occurred on May 1. As of May 1 we could easily have gone down and received our permanent license, except that the tenant vacating the building actually stole the copy of the license that we were purchasing, which caused us another paperwork shuffle with the City Clerk's office -- well, not -- sorry, not the Clerk's office. With ABC. So, we have been unable to completely finish that. As of today we have all the paperwork they required of us and I have a verbal, which I believe the City Clerk's office verified with the ABC that we will get our permanent license tomorrow. In the meantime, we do have a valid temporary state permit, but where we are right now is we have been employing ten people. When the previous owner left we offered employment to all his employees, rather than let them take unemployment. So, we have been paying a full payroll with no revenue and we are, basically, bleeding to death right now, so we are really hoping for some leniency on these conditions tonight. Meridian City Council May 9, 2006 Page 13 of 54 De Weerd: Okay. Thank you. Questions? Mr. Bird. Bird: Mr. Kosterman, have you ever owned a liquor license before? Kosterman: I'm sorry? Bird: I have never owned -- Kosterman: No, sir, I have not. Bird: Okay. Thank you. De Weerd: Any other questions, Council? Thank you. Okay. Anna? Canning: Madam Mayor, Members of the Council, we have known for awhile that this property was changing hands and Iguess Ijust -- perhaps for the benefit of Mr. Kosterman I want to make sure he understands that he's approved for a restaurant with an accessory bar. He's not approved for a bar with an accessory restaurant. So, this is a restaurant use that's approved here. It is not given -- been given conditional use approval for just a bar. And given his newness, I just want to make sure that he's clear that he needs to meet that state definition of being a restaurant with an accessory bar. Kosterman: If I may, we have purchased all our kitchen equipment. We have a full kitchen, full kitchen staff. We intend to maintain operations virtually as they were under Harry's Bar and Grill. That's a lot of why we bought it. We are local people. We live in Meridian. My partner and I both grew up in the valley and we are just trying to start a business here in town. We are trying to keep those people employed. I just -- I feel like I'm -- realize I have broken some rules, but it was certainly unintentional. I don't intend to break any more rules. I have worked closely with the fire department to correct ten years of neglect by the previous tenant. We had fire exits that didn't work -- I mean I feel like we have really been working hard to get this going. We are just trying to get up and running and start a business before we are already out of business, so -- De Weerd: Iguess our Planning Director was just trying to clarify and if you need further -- Kosterman: We were aware of that. De Weerd: Oh. Okay. Kosterman: Yeah. It was -- it was somewhat unclear. We were never able to get a direct answer, because Planning and Zoning did not have a record, but we had sort of assumed that that was where we were at. De Weerd: Okay. Great. Anymore questions? Okay. Meridian City Council ~ • May 9, 2006 Page 14 of 54 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If there is no more discussion or information, I would move that we approve, on a one time basis only, the license for Mr. Kosterman and his company. Rountree: Second. De Weerd: Okay. The motion is to approve the request in front of you. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Gorton, yea. MOTION CARRIED: ALL AYES. Item 8: Request for Reconsideration of Denial for a Variance for two access points onto Eagle Road / SH 55 and to the Approval of Preliminary Plat Conditions as they Relate to Eagle Road Access for Gateway Marketplace by Landmark Development, LLC: De Weerd: Okay. Item 8 is a request for reconsideration of denial for a variance and Mr. Rountree is stepping out. Do you want to at least introduce this, Anna? Canning: Certainly, ma'am. Madam Mayor, Members of the Council, the applicant for Gateway Marketplace, which is the southeast corner of Ustick and Meridian -- and Eagle Road is requesting a reconsideration of the denial for the two access points in their variance application. Just scanning through the letter that -- the new information that Mrs. Thompson has presented, one is a -- they'd like for you to consider, perhaps, a temporary access -- not that you can consider it tonight, but the new issues raised in the letter are perhaps a temporary access until the frontage road is constructed and also comparing the timing of the property to that of the Winston Moore property. Those seem to be the two new issues that are raised and also having an ability to respond to the access concerns raised by the ITD presentation that was done prior at the pre- Council discussion that night. De Weerd: Okay. Thank you, Anna. Is the applicant here? We do have a letter in front of us. Do you have anything to add at this time? Thompson: Madam Mayor, Members of the Council, my name is Tamara Thompson, Landmark Development Group. Other than the letter, I don't have anything to add at this point, other than we would very much like to work with you further and we are asking for this request to maybe start a dialogue that, you know, maybe we could have some discussions and see if there is kind of a happy medium that we could make and, then, come back before you with something that maybe you could approve. Meridian Ciry Council O May 9, 2006 Page 15 of 54 De Weerd: Thank you. Thompson: Thank you. De Weerd: Okay. Council, any discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. ~ 1 Borton: Excuse me. I had a question for Mr. Nary. The letter from Mrs. Thompson brings up some interesting points. One of which is discussion of a possible temporary access and can you give us some guidance with regards to a reconsideration -- if there was to be -- maybe that's just my thoughts and if there was to be a discussion or can be discussion on something like that or some alternative and it's done through a reconsideration or is this -- no action taken on a reconsideration and, then, that's brought up in a new application. Sort of the procedure on how do you -- how do you try and get there? Nary: Madam Mayor, Members of the Council, Councilmember Borton, you have a couple of different options. Certainly there is some new information that's brought forth in this letter that is -- can be reconsidered as part of your decision. Your decision hasn't been made final. If you think that it's worth exploring that further in another Public Hearing, that would be a valid reason to reconsider the decision you made. You could also, if no -- the requirement for reconsideration is discretionary. The only -- the only requirement under Robert's Rules is that the motion needs to be made by a member of the prevailing side of the other -- of what the prior decision was. If this Council doesn't wish to do that, it doesn't prohibit the applicant from making a new application for a variance. We have no time limit requirement or restriction in Meridian. We don't prohibit them from bringing forth new information and requesting it again. You could see it again in that fashion. So, it's really your discretion as to whether or not you wish to continue with the Findings you have made or if no one prefers to move to reconsider it or your direction really is to simply reapply, bring forth new information, they can do it either way. Canning: Madam Mayor? De Weerd: Anna. Canning: Just because I have changed the code on Mr. Nary, we actually do have a time limitation for substantially the same application, has to wait a year before they can reapply. But I would consider a temporary access as not as substantially the same. So, I would accept that as a new variance. But I did want to make that clear. Nary: And I stand corrected. I do recall that now, that was the decision point as whether it's substantially the same application or something different, so -- Meridian City Council • May 9, 2006 Page 16 of 54 De Weerd: Okay. Did that answer your question? Borton: Sort of. Follow up? I mean really what -- with regard to the variance, is there a difference in either the time or the quantity or quality of material that can be presented? I mean if you reconsider it as a new presentation to Council with additional info versus a new application just coming to Council with -- is it really sixes and we are just talking about one takes longer than the other? Nary: I think -- Councilmember Borton, I think you have hit it on the head. One probably takes a little longer than the other. Anew application will take a little longer. Staff analysis. The only concern sometimes -- and we have had this -- we seem to have had this discussion quite often lately on reconsideration, is the staff time it does eat up trying to bring you back some thorough analysis of the request with additional information, as well as the additional cost of noticing up another hearing. But it is as if you are starting over and the prior decision is now still pending and you can take new information and additional information and either -- my only concern from a legal standpoint is that at some point the record gets somewhat muddy with a number of reconsiderations and re-hearings. But there is nothing in the Idaho code or in case law that prohibits you from reconsidering a decision you have made, unless it's by your own ordinance or own procedural rule. Yeah. I mean Mrs. Canning could probably tell you if you -- if somebody files an application this week for a variance, I don't know when you would schedule that on your agenda. Right now if you were to choose to reconsider this, you'd probably set it out at least three weeks to provide adequate notice, maybe four. Whether or not a new application in the planning department takes five weeks to get in front of you -- it's probably not a significant time difference. But I don't know if Mrs. Canning has a different perspective on that. Canning: Madam Mayor, Members of the Council, we have scheduled variances in as few as three weeks. A lot of times we sit on them just because they are waiting for a development application to come up with them. But if it's just a variance, we do sometimes get those to you within three weeks. It just depends on when the application is complete and what -- basically what day of the week it is and when your next hearing is. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I will take a crack at maybe making progress on this. I might be on an island. But I'm intrigued by the concept of temporary access -- not saying whether or not support it or it's feasible or workable, but the idea intrigues me that that's new information. I, for one, would like to hear about it and give the applicant an opportunity Meridian City Council • May 9, 2006 Page 17 of 54 try and present that. So, I'd move to reconsider the denial of the variance on that particular point. De Weerd: Okay. There is a motion to reconsider. Do I have a second? Bird: I'll second it. De Weerd: Okay. Anna, if I remember correctly -- or maybe it was something else. Is there a fee associated with that, certainly, on the public noticing and -- Canning: Yes, Ma'am. We do have a 142 dollar additional hearing fee and that does incorporate re-noticing fees for the clerk. De Weerd: Okay. And those would apply with any reconsideration? Or does that need to be included in the motion? Canning: Probably wouldn't help -- probably wouldn't hurt being included in the motion. I think Mr. Berg is concerned about my statement that it includes the re-noticing fee. De Weerd: Mr. Berg, does it? Berg: Madam Mayor, there is just sometimes a difference between different applications how many letters you send out to the property owners. Some may be a few, some may be a lot. I don't remember what the 142 -- so, that's the only concern I had was just questioning how many that covered, so -- De Weerd: Can it just -- to cover their reapplication -- or the reconsideration or additional hearing and costs? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I would amend the motion to include the applicant reimburse the city for any expenses incurred as a direct result of the reconsideration. De Weerd: That works. Does the second agree? Bird: Second agrees. De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, nay; Borton, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Meridian City Council May 9, 2006 Page 18 of 54 De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Do we need to set a date for that or -- De Weerd: Mr. Berg will get it set up. Berg: Madam Mayor, I will set up the hearing date as soon as I can. I know our schedule in June is unique, but we will get it on the agenda as fast as we can. Borton: Follow up, Mayor? De Weerd: Yes. Borton: Just wanted to make sure to the extent the applicant has something to provide, that there is sufficient time to get that. Berg: Sure. Thank you, Councilman Borton. And I will get with the applicant, because she did say something about working with the staff on a couple issues before it is presented. So, we will get with them about the hearing date. Borton: Okay. Berg: Thank you. Item 9: Continued from May 2, 2006: Appeal Hearing for Order to Remove Junk Vehicle by Steven Cady with Meridian Cherry Lane Mobile Home Park: De Weerd: Okay. Yeah. Because June is short and we want to make sure that all three Council members are available. Okay. Okay. Item No. 9 also is continued from May 2nd and I will ask Mr. Venneman to introduce this. Venneman: Madam Mayor, Members of the Council, last week if you recall there was a hearing on the issue of the status of Mr. Steven Cady's property that he manages on Cherry Lane. At that time, at the time of that hearing, there were nine items of concern that still remained on that property and the good news is that in this last week Mr. Cady has contacted code enforcement twice in the last week and he has removed all but two remaining issues. Those issues involve a brown pickup truck that has expired plates going back to 2001 and, then, he has a U-Haul and those plates expired a year ago. He has removed some rubbish that was on the property from last week and a Berretta that had a flat tire and so that's where we stand right now. Technically, we'd have to say that he remains in violation. He provided me the name of the owner of the U-Haul and Meridian City Council t May 9, 2006 Page 19 of 54 • the pickup. I have had a conversation with him. His name is Richard Hammond. And he states that tomorrow he will properly license the U-Haul and remove the pickup. And that's where we stand right now. De Weerd: Okay. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Is there a recommendation? Do we proceed with enforcement action or -- Nary: Madam Mayor, if -- Madam Mayor, Members of the Council, I guess I would recommend two things. I don't know if Mr. Cady has a response to Mr. Venneman's statement about the condition of the property. What I would recommend -- as Mr. Venneman said, today there is still an ongoing violation. It appears that may cease shortly. What we can do is prepare some Findings based on the information, I think, as I stated last week. If the Council's findings are that there was adequate information to give notice, which is what the ordinance requires, that there was adequate accumulation of junk property and vehicles on a private property, to give notice that a hearing was held, that the information that you have received meets this -- your standard of whether or not it qualifies as junk property and that there is a directive to remove that property, that all the vehicles have to be registered, no other property can be in this location. Some of the things we discussed last week and that we prepare some Findings and Conclusions and an order for your next meeting. You can, then, get -- before you approve those get a final update from Mr. Venneman and there would be a continuing order obligating Mr. Cady to keep property in that condition as a requirement of this Council, that would probably be your best bet under our ordinance as to going forward. And, then, Mr. Cady can come next week if he wishes, Mr. Venneman can come back and tell you, yeah, the last few things are done, so we are not taking action of requiring the removal or enforcing a removal action, which is the next step in ordinance to do, because it's been accomplished. But, again, it sounds like there is still an ongoing violation that might get done this week, I guess. Borton: Second. Berg: No. You're so moved. Nary: If you want to do that. That's totally up to you. De Weerd: Okay. Council, any further questions? Do I have a motion? Would you like to hear from Mr. Cady? What would your preference be? Mr. Cady, do you have any comment? If you have comment you need to use the mike, please. State your name. Meridian City Council • May 9, 2006 Page 20 of 54 CI Cady: Steven Cady. We'd like to take as little time as possible of yours. We thank you. We are trying to get this resolved and, hopefully, tomorrow it will be. So, I would move his motion along. De Weerd: Encourage his motion, uh? Do I have a motion, Council? Rountree: Madam Mayor, I'll take a stab at it. I move that we have the city attorney prepare Findings and Facts given the adequate information and prepare a continuing order to keep the -- to get the park in compliance and keep the park in compliance as it relates to junk and junk vehicles. Bird: Second. De Weerd: Okay. You heard the motion as stated. Any comments or discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Thank you, Joe. Venneman: Thank you, Madam Mayor and Council. Item 10: Continued Public Hearing from April 25, 2006: AZ 05-067 Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium-High Density Residential zone for Casa Meridiana by Insight Architects - 1777 Victory Road: Item 11: Continued Public Hearing from April 25, 2006: CUP 05-060 Request for a Conditional Use Permit fora 32-unit multi-family development in a proposed R-15 Medium-High Density Residential District for Casa Meridiana by Insight Architects - 1777 Victory Road: De Weerd: Item 10 is a continued Public Hearing from April 25th on AZ 05-067 and Item 11, continued Public Hearing from April 25th, CUP 05-060. These two items were requested for a continuation for a month. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I'd move that items 10 and 11 be continued until June 20th. Bird: Second. Meridian City Council • • May 9, 2006 Page 21 of 54 De Weerd: Okay. The motion is to continue this to June 20th. You will be missing one Council member. Wardle: And one Mayor. De Weerd: Well -- and one Mayor. Wardle: But it only takes three to make a decision. De Weerd: Yes. You're right. I couldn't break a tie on that. Berg: They may abstain. De Weerd: It also says the 6th, if that works for you. Or June 20th. Rountree: The 6th doesn't work well for the agendas it appears. De Weerd: Okay. The motion is to continue these two items to June 20th. All those in favor say aye. Any opposed nay? Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from May 2, 2006: AZ 05-060 Request for Annexation and Zoning of 4.92 acres from RUT to C-G zone for Ada County Hiuhway District Ustick Road Proaerty by the Ada County Highway District - 3595 East Ustick Road: De Weerd: Okay. Item 12 is also continued from May 2nd on AZ 05-060. Anna. Canning: Madam Mayor, Members of the Council this item was continued in order to allow staff and the applicant to work out some outstanding issues, those two being -- oh, I'm sorry. Go back and give you the basics. This is the ACHD properly that they are requesting annexation with a development agreement. They have purchased the property for the primary purpose of constructing a collector roadway and then -- which would, eventually, connect down to this half mile mark and go through to Franklin, hopefully, in the future. The two issues were -- there was some question about the adjoining residences to the east what the appropriate buffer or fencing should be there. And the second issue was the placement of sewer and water lines down that collector roadway and who would be responsible for installing those facilities. With regard to those two items, Mr. Inselman has indicated to staff on the -- that he met with three out of the four homeowners on the east and that what they have felt is the best solution is to have a dual fence. They would have one fence adjacent -- a solid fence adjacent to the roadway and, then, setback a short distance from that would be a chain link fence to keep livestock from chewing on the solid fence. So, it would be a dual fence condition. Those properties along the east would have frontage along the collector roadway, so that at some point in the future if they wanted subdivide their property and perhaps have Meridian City Council ~ • May 9, 2006 Page 22 of 54 shared driveways they could access that facility with some sort of common driveway or even a street. Although that's unlikely given here. It would more likely become a driveway. So, that's the first issue and I'm sure Mr. Inselman can fill you in a little more. The second issue with regard to the sewer and water facilities, Mr. Hood has proposed a change to the development agreement. It's in your staff report as it is now and it's a slight change, so that it would read that the applicant will be responsible for coordinating the sewer and water main extension with the Public Works Department. So, they need to let Public Works know when they are planning on building that roadway and Public Works would work to get those facilities installed. The outstanding issues. The staff did not address the fencing issue, so if Council feels that that's an acceptable solution, then, we probably need to add something to the development agreement with regard to that and that's the only outstanding issue that we are aware of. I'll answer any questions you may have. De Weerd: So, Anna, is that fence directly adjacent to the sidewalk? So, it would be right up against the sidewalk? Canning: It would be very close. You'd probably have a couple feet or a foot and a half where they typically have some room for utilities in that area. There is a little bit of excess right of way, typically and, then, it would be up against that. I think that the analogy was brought up to the north side of Pine that that would be -- that's also a collector road right against residential where they went and widened the roadway and now we have a fence right up against the sidewalk. The situation is a little bit different here in that we do anticipate that these -- that these lots in the back may decide to subdivide off the back half of their lot or -- and split that in two. You may remember Hollybrook. We asked -- when Hollybrook Subdivision went in, we asked them to move their road right up adjacent to the one acre lots to their east and we have already seen a number of those come in and want -- they are ready to subdivide off the back half of their lots. It's -- a lot of folks that have these one acre parcels do seem to be ready to divide off the back half and subdivide that. So, we do anticipate that this will redevelop. De Weerd: Okay. Council, any questions for staff? Are there any -- I'm sorry. Mr. Borton? Borton: No. De Weerd: Are there any members of the public who would like to provide testimony? Bird: Would the applicant -- De Weerd: How about the applicant? Yeah. I see you every week. I forget. Inselman: I don't need to say anything. Madam Mayor, Members of the Council. Gary Inselman representing ACHD, 3775 North Adams, Garden City. We did meet with the neighbors, we met with your staff, we are in agreement with the staff report as written. If there is a need to put a requirement for fencing in the development agreement, we Meridian City Council • • May 9, 2006 Page 23 of 54 would ask that you give us some flexibility to work with the neighbors. The funeral home and the church may not want a fence. The residential homeowners do. So, we would like some flexibility to work with them on the exact type of a fence and placement. And if the church and the funeral home decide not to have a fence, that we not be required to put one there. De Weerd: Okay. Any questions for the applicant? Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. Inselman: Thanks. De Weerd: Thanks, Gary. Okay. If there is no public testimony on this, Council, I would consider a motion to close the Public Hearing. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing on Item 12. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the annexation request AZ 05-060 for Ada County Highway District and instruct staff to include in the Findings a condition that would allow flexibility for fence types adjacent to residences and the ability to not require fence adjacent to commercial or institutional type of uses. Bird: Second. De Weerd: Okay. There is a motion to approve with the changes as noted. Any discussion? Borton: Madam Mayor? Meridian City Council ~ • May 9, 2006 Page 24 of 54 De Weerd: Mr. Borton. Borton: Is the intent of the motion that the ability to have a fence is at the discretion of the property owner or -- versus ACRD? If -- as an example, if the church elects not to have a fence, then, there is not a fence? Rountree: That was my intent. Borton: Okay. De Weerd: Clarification. Any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C,C (3.68 acres) for H~ci htower Subdivision by Hightower, LLC -southwest corner of Chinden Boulevard and Jericho Road: Item 14: Public Hearing: PP 06-003 Preliminary Plat approval of 106 residential lots, 4 commercial lots, 2 private street lots and 25 common lots on 22.94 acres in proposed R-8, R-15 and C-C zones for Hightower Subdivision by Hightower, LLC -southwest corner of Chinden Boulevard and Jericho Road: Item 15: Public Hearing: CUP 06-004 Request for a Conditional Use Permit for a Mixed Use Planned Development that includes single-family detached, townhouse units, commercial uses, private streets, a neighborhood park and a vehicular access to Chinden Boulevard for Hightower Subdivision by Hightower, LLC -southwest corner of Chinden Boulevard and Jericho Road: De Weerd: Okay. Thank you. Item 13, 14, 15, 16, I will open these public hearings on AZ 06-003, PP 06-003 and CUP 06-004. VAR 06-004. Anna. Canning: Madam Mayor, Members of the Council, this is the Hightower project. It's located at the south -- De Weerd: Okay. Anna, just for our public record, I will not open Item 16 until after Items 13, 14 and 15 have been decided. Canning: Okay. Meridian City Council May 9, 2006 Page 25 of 54 De Weerd: Thank you. Canning: Madam Mayor, Members of the Council, this is the Hightower project. It's located at the southwest corner of Chinden and Jericho. The applications, as noted, include annexation and zoning, preliminary plat, conditional use, private streets. Those are the ones we will talk about right now. Did want to point out that this area is shown as a neighborhood center on the Comprehensive Plan. The highlights of the development include -- this is just the northern portion of it. This is the southern portion it. It is a kind of L-shaped or odd shaped lot. It includes 24 acres of the R-8 zoning. I'm sorry. Yes. Fifteen acres of -- or 12 acres of R-15 zoning. Eight acres of C-C -- I have got these mixed up. Okay. I'm going to start over again. Sorry. The whole site is 24 acres. That's what I did wrong. Sorry about that. It includes 12.31 acres of R-8 and that's primarily the southern portion of the property. It includes eight acres of R-15 and that's over here on the east end of the property. And, then, 3.6 acres of C-C. And that would be immediately adjacent to Chinden on the entrance road. It also includes two private streets. Those private streets are in the R-8 section. They are part of the MEW development, so we have our open space here where the lots actually front onto that developed open space and take access from a private street. The gross residential density for the entire project is 5.5. If you go to the townhouse areas, which are these two areas here, the density is -- the net density, which is closer to 9.3 units per acre -- and this would be considered a transit supportive density consistent with the neighborhood center that's on this property. Normally, we'd be looking at this for a larger area. I think the applicant has tried to work this neighborhood center into this portion here where you have the commercial uses, the retail uses, the high density residential and, then, transitioning to a lower density residential. And Ihave -- this is how those townhomes work. This is the southern one. Just so you can see how those houses -- townhouses lay on those lots that they have designated. For the commercial area they are proposing approximately 13,750 square feet within three buildings as shown here. I do have some elevations. These are of the commercial vision for the property and, then, this is detached residential, I believe. We do not have any of the front-loaded townhouses. We did let the applicant know that he should bring some of those for you today. The Commission recommended approval on April 6, 2006, and at that hearing Phil Hull from the Land Group spoke in favor. Tom Buck, I believe, spoke in opposition. No one commented. And the key issues of discussion were on limiting the building height for the entire development and this was by the adjacent property owner Mr. Buck. And concessions made by the applicant to the adjacent property owner and the configuration of the townhouse lots at the south terminus for Torrey Way and that was this diagram that I showed you. The key Commission changes to stafFs initial recommendation. They did add a restriction to the development agreement, which states the applicant shall place five gallon arborvitae at four feet on center along the shared property line of the adjacent property to the west, owned by Mr. Buck, and they also added a restriction to the development agreement, which states the homes on Lots 2, 3, and 4 and 5 of Block 10 shall be limited to 25 feet in height. They also added a condition which states the applicant shall continue to work with the Idaho Transportation Department on the possibility of acceleration and deceleration lanes on Chinden Road, as referenced in the letter from ITD. And a condition which states the Meridian City Council May 9, 2006 Page 26 of 54 applicant shall add a note to the face of the plat that references the Right To Farm Act. Finally, a condition that the applicant shall work with the planning department staff on the layout and access of Lots 5 through 14, Block 6, in order comply with the Unified Development Code regarding common drives. And that these would be submitted to the planning department no later than ten days prior to the City Council hearing. The lots in question are these same ones here. We are still working on it, but we are confident that -- that Council could condition the project appropriately. Mr. Wilson in his staff report did talk about the common drives and he referenced the portion which states that only four lots can take access from it, so they would need to have a green space between these center lots on both sides. They have one over here currently. They would have to add one on this other side of these -- this couplet here in the middle. Unfortunately, Mr. Wilson forgot to also mention that they needed ten feet of frontage. Currently they have about five. I talked with the applicant about it. I think they are pretty comfortable extending these to the required ten feet of frontage for each of those. They would, essentially, lose these two units in the center, but it will provide a nice open space for those residents and it will mirror a little more closely what's going on on the north end. You can see here they have a similar situation. These flags are too narrow. They are only five foot flags. They will need to widen those out. But they have got a nice open space at the terminus of those, so it will mirror that on the south side. The outstanding issues for City Council. These drives were the outstanding issue and I have noted them below. The other outstanding issue relates to the ITD letter, so I guess I'll save that for the variance discussion. De Weerd: Okay. Council, any questions? Bird: I have none. De Weerd: Is the applicant here? If you will, please, state your name and address for the record. Hull: Madam Mayor, Members of the City Council, my name is Phil Hull with the Land Group. I'm representing Hightower, LLC, for the development of approximately 24 acres located at the southwest corner of Jericho and Chinden. De Weerd: And what is your address? Hull: 462 East Shore Drive, Eagle, Idaho. 83616. De Weerd: Thank you Hull: And is that the -- okay. Thanks. Let's see. As staff mentioned, our site is located within a neighborhood commercial designation on the land use plan within the Comp Plan. And we are proposing a mixed use project with commercial and high density residential, feathering out to medium density residential. I'm here tonight requesting annexation, rezone, conditional use, preliminary plat, and a variance. And the next slide basically shows some of the surrounding uses and layout. We have got Chinden here. Meridian City Council 4 May 9, 2006 Page 27 of 54 Castlebury across from us. Here is our site right here. It's kind of tough to see. Got Signature Point Nursery here. Church. Zamzows. Zamzows here. The Catholic Church here. And we have Saguaro Canyon to our south and, then, Arcadia Sub here, which is an R-8. And this is R-4 here. And, then, the Westborough, to get you oriented, is here with the commercial lots here and the four-plexes back there. And this slide shows our rezone areas. We have got the C-C here. R-15 wrapping around that. And, then, the R-8 in the back of the -- that transitions back into Saguaro Canyon. This shows our site master plan a little bit more colorful than the pre-plat. You can see a lot of the green space and whatnot, but we have got the 35-foot required buffers along Chinden and I believe we are showing 25 along Jericho. With pathway. And we have a large berm and a sound barrier wall adjacent to the residential portion along Chinden as well to kind of help separate that. And we have a boulevard entry shown here near the commercial area. A commercial entrance here and one here off of Hightower Drive. And, as staff mentioned, we have three commercial buildings here and we went through quite a design process to get to this point, design process with staff. We had started out with more of a -- they called it a strip mall effect, but with the building located here and all the parking up in front. We have kind of really broke that up and soften that parking lot effect, so that we have two smaller lots now, with most of the parking -- more than 50 percent of the parking off of Chinden located -- located here. We have got the townhome lots here and coming back into the site, feathering back into a little bit lower density. And a couple of different product types back in here, just the traditional style homes around the perimeter, 50 to 60 feet wide and in the center the alley-loaded homes with front porches on the street and, then, on the backside the MEW style housing there with the -- the park site located there. That shows that park site a little bit more clearly. We have got a tot lot, gazebo, nearly an acre, we are at .98, will provide plenty of common open space play area, as well as those amenities. And the townhome slide that you were viewing earlier. In complying with staffs comments and the comments from the Planning and Zoning Commission, we have come to the conclusion that these two units will come out and we will have a small pocket park site here. We think that will make, actually, much nicer units. These people will be looking out onto this park site, instead of onto the sides of buildings. Okay. Next. This is an enlargement of the commercial area also, so you can see how it lays out a little bit better. We have a lot of plaza spaces at the entries, a lot of space here, up here, to provide, basically, a little bit more of a pedestrian friendly for people coming in here. There is -- hopefully, we will see some outdoor tables for dining and whatnot at -- if we do get a restaurant located in there. And this is the conditional use site plan. Just shows a little bit more detail on the adjacent uses and a lot of dimensioning and whatnot that you can't really see on this slide. And the pre-plat, what you saw as well. Just more detail. And here is the landscape plan. One of the main things I wanted to point out here was the addition of eight foot planter strips throughout the entire development along the roadways with street trees planted at the lot lines to help create a boulevard effect down all of our streets. And, then, we get into the home styles. Multiple home styles are shown here. These would be the style with the MEW frontage or park site frontage, as well as this one here. Then we have the commercial typical style. We are showing high quality materials. This building here is located in Eagle River in Eagle right on the corner of Eagle Road and State Street. It, basically, has stone work, Meridian City Council May 9, 2006 Page 28 of 54 stucco, awnings, a lot of architectural bump outs and creating some interest in the facades. Roof detailing pitches, so you don't end up with just aflat --flat building. And, then, just a little bit more of a detailed view close up showing Saguaro connection right here, traveling through the site up to our future connection here. Next. Thank you. We can skip this one for now. And let's go one more. And, again, just the overall view showing the green space and the street trees and whatnot. And staff did recommend that we bring some townhome views, so that you could get an idea of the quality of the materials and the style of those buildings. Get a comfort level there. I wanted to show a couple more. If -- do you have a machine that I could actually throw these up there? Hopefully, these elevations will provide you with a sense of the style that we are planning for this area. Basically, again, just examples of the -- all two story, different roof pitches, different materials, such as stucco and stone and real lap siding, high quality roof materials, that sort of thing. Just to give you a comfort level there. And with that I will open it up for questions. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. Gorton: Madam Mayor? De Weerd: Mr. Borton. Borton: I might have missed it on the earlier -- one of the earlier photos. Is there a pathway or sidewalk along Chinden on the other side of the fence? Hull: Yes, there is. We have got a five foot meandering sidewalk. Borton: Is that the black line? Hull: Yeah. We might be able to go back on the PowerPoint for that. See the pathway here? Borton: Okay. Hull: It wraps around, goes all the way down Jericho as well. And the sidewalks, of course, follow the street throughout the development as well. Gorton: Thank you. De Weerd: Anna, doesn't the city recommend eight feet on the highway side? Canning: Madam Mayor, Members of the Council, I believe that ITD has indicated that they will accommodate the right of way for -- it's a little bit up to ITD as how it works right now on 20-26. But Ithink -- I thought we had been doing ten foot, actually. Meridian City Council May 9, 2006 Page 29 of 54 De Weerd: Yeah. I know it was more than five, but -- Canning: And sometimes those can be within the ITD right of way if they have given sufficient -- if they have dedicated sufficient right of way that can be within that easement -- or can be within the easement. I can try and find the ITD letter for this one and see if that is -- De Weerd: I think that is what we required of Irvine; right? Okay. And what is the right of way that you're getting on Chinden? Hull: In working with ITD I believe 70 feet from center line. It would be 140 total in this section. De Weerd: Okay. And, Anna, was that also what they were requesting? Canning: I didn't hear the applicant's response, ma'am. De Weerd: It was 70 feet, 140 from center line. Canning: ITD is requesting 100 feet from center line, ma'am. De Weerd: Okay. So, that could be within the right of way and enlarged or widen pathway? Canning: Typically her 100 foot section does include -- there is sufficient room for a ten foot pathway. De Weerd: Okay. Thank you. Hull: Madam Mayor, the latest request from ITD in this section is, actually, 70 feet. There is -- there is a neck down portion because of the existing development on Castlebury on the north side -- both Castlebury and Castlebury West. Maybe if we could zoom out to a different slide that shows the aerial, maybe. Yeah. That will work. With Castlebury West here built out and the other commercial developments and whatnot, this section from Meridian Road to Locust Grove, they have determined that the 70-foot per side is what they are okay with. That's with the multiple meetings with Sue Sullivan and Kevin Sublon and I believe that we have got a letter in the file from them to that effect. De Weerd: Okay. Hull: I'll have to work with staff to make sure that they have got the most current letter from ITD. Canning: It's a letter dated yesterday. It states 100 feet still, Phil. Meridian City Council May 9, 2006 Page 30 of 54 Hull: Okay. Well, we will have to work with Sue and see what happened with today's letter, so -- De Weerd: That sounds like a good plan. Hull: Yes. Yes, it does. De Weerd: Okay. Council, any further questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Maybe, too, that sounds like that's a big difference. That's a big problem, 100 feet versus 70. Is it? Hull: It would have an effect on our frontage, yes. We are showing a 35-foot landscape buffer and, then, I believe it's a ten foot setback for the building, so we are over 110 to the first building, so -- that's the commercial area. So, we would have to take a look at that to see what effect that would have. Borton: Okay. De Weerd: And, I'm sorry, I didn't catch. Did you address the width of the sidewalk? Hull: I believe we are showing five feet, but we can certainly meet whatever city staff wanted and ITD requested there. Eight feet or ten feet or whatever that needs to be. That's not a problem. De Weerd: That's a pretty high speed road. It would be nice to have a wider path. Hull: You bet. De Weerd: Okay. If there is no further questions, Council, I appreciate your testimony and -- is there any member of the public who would like to testify on this application? None of our high school seniors wish to testify? All of you are here to get extra credit -- Ithink you get extra credit if you testify. No? Rountree: Don't encourage them. De Weerd: Okay. Council, do you need any further information? Okay. Applicant, last word. Any further word? Okay. Staff? Canning: Madam Mayor, we are looking for any letter from Sue Sullivan that might state 70 feet, but the letter from Mr. Sublon regarding the variance still states ITD Meridian City Council May 9, 2006 Page 31 of 54 recommends the developer provide adequate setback 100 feet to accommodate future highway improvements. So, that's from yesterday. De Weerd: Okay. Council, I guess we have a couple options if you're ready to make a decision on this this evening, we'd entertain a motion to close the Public Hearing. If you'd like to continue it to get clarification from ITD, we can certainly continue that another week. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I think it's a pretty big issue. I'd like to see clarification from ITD on that. Thirty feet is a big chunk and I know the applicant agrees with that. So, I'd move to continue the Public Hearing, 13, 14 and 15, for a couple weeks? Two weeks? One week? In order to get that clarification. Canning: Madam Mayor, Members of the Council, if -- I don't think it would take much time to get clarification on that, if you're worried about that consideration. It's just a matter of agendas -- full agendas and that's fine, but one week would be sufficient for us. De Weerd: Okay. Do I have a second? Wardle: Second. De Weerd: Okay. I have a motion to continue Items 13, 14, 15 to May 16th. All those in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Item 16: Public Hearing: VAR 06-004 Request for a Variance to construct an access to Chinden Boulevard, a State Highway, for Hightower Subdivision by Hightower, LLC -southwest corner of Chinden Boulevard and Jericho Road: De Weerd: Okay. Item 16, since it is attached to Items 13 through 15, I will open that Public Hearing, VAR 06-004, and ask for a motion to continue. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we continue Item 16, VAR 06-004, to May 16th. Wardle: Second. Meridian City Council ~ • May 9, 2006 Page 32 of 54 De Weerd: Okay. I have a motion to continue Item 16 to May 16th. All those in favor say aye. Any opposed? Please note for the record that Mr. Rountree did -- he abstained. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 17: Public Hearing: AZ 06-006 Request for Annexation and Zoning of 10.01 acres from RUT to C-G zone for Knighthill Center Subdivision by Sea 2 Sea, LLC -southwest corner of Linder Road and Chinden Boulevard: Item 18: Public Hearing: PP 06-005 Request for Preliminary Plat approval of 4 commercial lots and 1 common lot on 10.01 acres in a proposed C-G zone for Knighthill Center Subdivision by Sea 2 Sea, LLC -southwest corner of Linder Road and Chinden Boulevard: De Weerd: Okay. Items 17 and 18 are public hearings on AZ 06-006 and PP 06-005. I will open these two Public Hearings with staff comments. Canning: Madam Mayor, Members of the Council, the next project before you, as I try and multi-task with Mr. Hull -- is the Knighthill project. Excuse me, Madam Mayor, Members of the Council. I need to switch out of this application. This is the Knighthill Center project. It is located on the southwest corner of Linder and Chinden. It is a request for annexation and zoning and preliminary plat approval. Madam Mayor, Members of the Council, I'm pausing, because Mr. Hull does have the letter from Sue. I don't know if you want to reconsider it or -- it does state 70 feet. So, I'd just -- I pause and ask if you want to revisit that issue or just continue. Or if you still want -- De Weerd: So, he has a different letter than you have? Canning: Yes. De Weerd: What's the date on that letter. He will have to tell me. So, he will tell me right now. It's dated March 30th and it is from Sue Sullivan. De Weerd: Okay. Well -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You have one from these. Let's go these and, then, come back to that, if it's okay with the maker of the motion and the second. Get it done with tonight. That was the only thing holding up -- Meridian City Council ~ • May 9, 2006 Page 33 of 54 De Weerd: We do have a motion that has passed to continue it. After these two opened public hearings, I would ask for direction from counsel. Canning: Thank you, Madam Mayor. De Weerd: Thank you. Canning: Sorry to disrupt this hearing. This is the Knighthill Center project. It's located at the southwest corner of Linder and Chinden. And they are proposing annexation and zoning with preliminary plat approval. The development includes four commercial buildings and one common lot on ten acres. And they are requesting C-G zoning. The applicant has submitted this conceptual site plan, which shows retail, restaurant, and financial institutions or banks as proposed uses on the property. I wanted to point out some of the out of ordinary development agreement requirements. They include a 25 foot wide commercial drive aisle, sewer and water extension to the property as 6175 North Linder and that's immediately south of the property. You can see it here that there is one home that takes access off of Linder currently. So, the idea is to provide a commercial aisle so that might redevelop as an office in the future and more particular be able to get its -- remove its access from Linder and take access from within this property. So, you would be able to share this driveway. Another unusual development agreement, the -- well, this is pretty standard, that it needs to comply with the site plan and this -- and the preliminary plat. Also, there was two added by the Planning and Zoning Commission. The first one would be that the applicant shall provide planning which indicates there is an exit towards Everest Lane for the property and one that -- and (believe Everest Lane is out -- this private road -- streets system which goes in -- and, again, let me go to this -- Everest Lane is this private road that functions as a frontage road to Chinden through this other development. So, these were -- they are shown as residential. These were approved as use exception lots. We are starting to see some activity on these and we are asking that they come in and rezone the properly to be consistent with the uses that were approved there, which were, basically, office uses. So, we did ask that this applicant provide some signs that indicate that you can get out to Everest Road from within this development, so that they can effectively use that frontage road system that we have created here -- or that this would create. We don't have elevations for you. The applicant is still working trying to find suitable tenants for the site. The Planning and Zoning Commission has recommended approval to you at their April 6, 2006, hearing. Shawn Nickel spoke in favor of the application. There was no one in opposition or commenting. The key issues of discussion by the Commission were the appearance of the rear of the proposed buildings from Everest Lane. So, it would be this -- these elevations along here. And, then, access to West Everest Lane, which is straight -- the key Commission changes to staffs recommendation were to add a condition which states that the applicant shall modify the plat to include across-access slash parking easement for all lots within the subdivision and to add a restriction to the development agreement, which states the applicant shall provide signage, which indicates that there is an exit towards West Everest Lane and add a restriction to the development agreement which states the applicant shall provide evidence of a recorded cross-access easement with the development to the west for Meridian City Council May 9, 2006 Page 34 of 54 access to West Everest Lane. To our knowledge there are no outstanding issues. However, recently there has been discussion in the news -- or amongst the neighborhoods of a commercial -- a large commercial development going on in the northeast corner, which is in the Eagle area of city impact and I think that a lot of the surrounding residences have been alittle -- there is kind of a heightened awareness of the commercial development that's going on in the neighborhood and there may be some of those folks here tonight. They have been talking to Mr. Hood for the last couple weeks. He's had, I think, two or three couples come in to talk to him. About this project. With that I will answer any questions you may have. De Weerd: Council, any questions? Bird: I have none, Mayor. Rountree: I have none at this point. De Weerd: Okay. The applicant? Elevations. Is that an elevation? Nickel: Madam Mayor, and Council Members, thank you. Shawn Nickel. 839 East Winding Creek, Suite 201, in Eagle. Here tonight representing Sea 2 Sea Development. As staff has indicated, this is an annexation and zoning request to C-G. As you recall your most recent Comprehensive Plan plan for the north area designates this property as mixed use community. We have designed the development to meet the requirements for parking. There is approximately 90,000 square feet of commercial that would include a bank, restaurant, and a larger commercial grocery store type of use. What I have provided on the screen here is an elevation of the -- kind of the theme for the development. This is, actually, an Albertson's in Jackson Hole, Wyoming. And so as you can see the large timbers with the river rock compliment, that will be throughout the development. One of the Commissioner's concerns was regarding the rear of this building as it faces to the west and as you would see it from Lochsa Falls. What I agreed to do as part of the record for the Planning and Zoning Commission, was to have accents of the river rock along the back and the sides of this large building to kind of break up that face there as you're driving down I guess Everest Street from the -- to the Lochsa development. We have provided a 35 foot landscape buffer along Chinden and Linder Road. We have provided the anticipated right of way per ITD's request for the site. De Weerd: Which was how much? Nickel: We did provide a hundred feet along. De Weerd: Okay. Good answer. Nickel: And that seems -- that seems to be what ITD has been wanting from Linder to the west and, as you recall, the Irvine development, we got into that as well also across the street. We also were providing a hundred feet from center line for the ITD. As staff Meridian City Council ~ • May 9, 2006 Page 35 of 54 indicated, we are providing access to the Lochsa Falls private drive that runs out to the west. As anticipated, these uses to the west will be office. They will have a connection to the south to Lochsa to the residential portion to the south. We agree with the conditions regarding the services to that out-parcel to the south, in addition to the requirements for the cross-access easement and parking agreements, as indicated by staff in the development agreement. With that, I will stand for any questions you have. De Weerd: I don't know if my question's for you or for staff, but I would imagine that that access to the west through Lochsa would give great value to yours, having more circulation in that area. Why is it a private drive? Why wouldn't it be considered a public road if we are going to get some kind of a back-age road there? Nickel: That's a good question. I don't know have -- De Weerd: If Shawn can't answer it, can you? Canning: Madam Mayor, Members of the Council, Lochsa Falls was approved before I got here. I have not heard why it was made apublic -- or why it wasn't made a public street. It's, basically, a commercial drive aisle, which would suffice in this instance, because you just have a connection of commercial drive aisle to a commercial drive aisle. They are going to address off of it and use it, the private street, for that purpose. But I'm not sure it needs to be a public street in that it still functions to get traffic flowing through that development. So, what is the width, private versus public? Shawn, do you -- Nickel: Madam Mayor, I do not know the width of this Lochsa private road. I imagine it is a -- it is designed to meet the fire requirements for width and parking and all that, but I'm not sure what the -- De Weerd: Could you at least accommodate or have flexibility in the width of that access, if the width was supposed to -- was to change from the private road? Nickel: I'll see if my plan has the width of that. Canning: Madam Mayor, Members of the Council, it is a 50-foot right of way for that private lane. Bird: Repeat that. I couldn't hear it. De Weerd: Fifty foot. Bird: Fifty foot? De Weerd: And is that a standard width? Meridian City Council May 9, 2006 Page 36 of 54 Canning: I think a commercial drive aisle -- commercial streets are, I believe, 52 or 54. It's a 40-foot street with 54-foot right of way. We would have some problems that 50 feet goes right to the back property line of those residences. So, there would be no landscape buffer there or potentially a small one or -- I think what the fire department is looking for now on private streets such as this is just the -- minimum of a 26 foot roadway section, so that folks can travel down that. That just depends on the height of the building. So, it's either 24 or 26, so -- De Weerd: I guess, Anna, the reason -- and, Shawn, I started this line of questioning, if that area to the west needs to come in for a rezone, it is an opportunity to have a good functional backage road in that area and I would like to see if the access could accommodate it if that were to change or not. Canning: Madam Mayor, Members of the Council, I think you have a functional backage road, especially with this connection to it. De Weerd: Okay. Canning: It would be similar to what we have seen like in Majestic -- the subdivision where the Majestic Theater is located, where they have done a private loop street to provide that access. Sometimes in these commercial developments where you have fairly low volumes of traffic and you're not trying to mix commercial and residential traffic, then, a private street functions more than adequately to get that development around. De Weerd: Yeah. But, Anna, I guess since that private street would be coming out of a residential and you have a grocery store there, you're going to have kids walking down it to go to the grocery store. And so I'm just trying to understand what are the safety differences of public versus private and those kind of things. Because you know those kids from that subdivision, if there is a grocery store there -- I mean we are a half mile from a grocery store and I know where my kids go, so -- Canning: I understand your concerns now, ma'am. Sorry, I didn't understand them at first. And perhaps Mr. Nickel will know if there is a sidewalk built on that private street. I think there is. Nickel: Within Lochsa? De Weerd: Uh-huh. Canning: On Everest. Nickel: I don't believe there is. Canning: Some of the neighbors may have some -- be able to testify to that fact. Okay. Meridian City Council ~ • May 9, 2006 Page 37 of 54 De Weerd: I would imagine they will include it in their comments Canning: Yes. Nickel: And, Madam Mayor, one thing I would like to point out, though -- if you could go back to our site plan, Anna. Just to state that our access is not a private road, it is a private drive. I do want to point that out for clarification. As the public street comes in from the south -- or north from Lochsa, it stops being public and this is a private drive. Our access will actually be off of Linder Road. And we have met with Joe Silva with the fire department to determine the addressing for that. So, what you have is -- and it's kind of a unique situation where you have a public road coming this way and stopping. You have got a private road coming from Lochsa from the west and stopping. And you have a private driveway through the development. De Weerd: So, the Albertson's -- well, I'm sorry -- Nickel: It's not an Albertson's. De Weerd: The grocery store -- Nickel: Yeah. De Weerd: -- would be an address for Linder Road, then, and not Chinden? Nickel: Right. De Weerd: Or not Everest or -- Nickel: Exactly. De Weerd: I know the post office gets just driven nuts on that stuff. So -- okay. Nickel: And, initially, we did have this as a private road and I believe it was because of Mr. Silva's comments that we changed that to a private drive. I can't recall the -- his reasons for that. He was very concerned about the addressing for emergency reasons and he went -- I don't know if we have a -- if we have any comments from him in the staff report, but this was his -- this is what he liked and wanted to see was the addressing based on how we had it designed, so -- De Weerd: Okay. Nickel: He definitely didn't want it to be a Chinden address De Weerd: But it could be an Everest address. Meridian City Council ~ • May 9, 2006 Page 38 of 54 Nickel: It could have been an Everest address if we would have continued Everest through the development as a private lane. De Weerd: And would you be able to do that? Would you be amenable to do that if the Council were to ask? Nickel: I can't -- I can't agree to that without getting with my engineer to make sure it fits, but I mean we will look at that, definitely. De Weerd: And I guess just a comment to Council and to our fire department. I know our post office oftentimes has subs on these routes and the addressing in particular in commercial areas gets very confusing and to those temps that go there and so it's just kind of a matter of logic, I think, in some cases. But thank you, Shawn. Nickel: One final thing, Madam Mayor, and I can get with him afterwards and talk, but we -- because we do have -- because we do have the buffering along -- the 25-foot buffering along the boundaries, we could very easily put in sidewalks within those bufferings for pedestrian access, if that is a -- if that's an additional concern with safety. You had mentioned about the children coming in from the subdivision. De Weerd: Thank you. Appreciate that. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Please state your name and address. Rice: My name is Jenna Rice. 2751 South Nova Lane. Madam Mayor and Councilmen, if I may just make a quick comment. As a person I enjoy riding my bike places and I think that having a sidewalk down would be a good idea, because I hate riding my bike when there is cars like whizzing right by me, even if there is a bike lane. So, that's all. De Weerd: Thank you. I agree with you. My planners may not, but I agree with you. Okay. Any additional testimony? Wallace: Yes. Madam Mayor and Members of the City Council. Karen Wallace. 1688 West Rattlesnake Court. De Weerd: Karen, you can pull that towards you if you would like. Wallace: Okay. Did you -- was I clear? De Weerd: Yes. Wallace: Okay. If you would go to Item 17. De Weerd: You can use that microphone right there. Meridian City Council May 9, 2006 Page 39 of 54 Wallace: Okay. I just wanted to point out my home. I am right here at this triangle. I bought this lot two years ago from Brad Menassi. Was not informed that that was going to be an open thoroughfare through our subdivision. We picked that, because it was at the end of a cul-de-sac. We also got it for being quiet, less traffic. There are 14 children, little ones, in our neighborhood. We are -- my husband and I are retired. We moved there for the children. I could have gone into an old age home, I guess, but I like kids. But I don't like traffic. I feel so -- and a lot of our neighbors do, we feel so trapped and forced into a situation that we had absolutely no clue what was going to happen. Also, my neighbor and I have talked to some of the neighbors. A lot of them did not get this information to be here tonight. We are bringing back our findings to several people who are out of town on business and because of babysitting reasons they couldn't be here. I would, as a Meridian, Idaho, resident, would love to see another hearing where everybody is sent a certified letter to what is happening here. This is so incredibly heartbreaking to all of us on this subdivision, being that that would be opened. Our neighbors next door to us, light would be coming in right into his home when they go to turn into this commercial area. If it would be all possible for you to go and see this, where -- what's happening in our community on that street. It should never be opened to this. We are so concerned and so very upset. And we just moved into our home last November. So, that's why I'm pleading with you is to go see what's happening. And that should just never ever be open. This here. Absolutely. It's -- I can just see our values not going anywhere in our homes. Also the safety of our neighborhood children. Thank you. De Weerd: Thank you. Is there any further testimony? If you will, please, state your name and address. Downing: My name is Stephanie Downing and I live at 1802 West Rattlesnake. De Weerd: Thank you. Downing: We bought here in Lochsa Falls, because we were told it was a very nice subdivision. We have one of the biggest lots. We back right up to this. I have been told there will be a berm, but they are also going to have that driveway that they are talking about going through Everest. We were never told that it was going to connect up. We were told these were two separate pieces of property. The corner of Chinden and Linder was one commercial property. The commercial properties on just Chinden were separate. The road -- the private road would never hook up. If they put that through, I'm going to have delivery trucks at the back of my home -- at the very back of my home. I had my house custom built to be in this subdivision. We have -- I can't even tell you how many children in our subdivision. People want this to be their home. We don't need traffic going through. I really -- like Karen, we are all so upset we don't know what to do. I did not even receive a letter about this meeting tonight. If I didn't know my neighbor Karen I would not have even known you were meeting on this. I never received one. This is the first I'm hearing about this. I'm so upset I don't know what to do. Meridian City Council May 9, 2006 Page 40 of 54 De Weerd: Can you use the pointer and -- there is a pointer right there in front of you. And show me where your -- Downing: Go back to the -- yeah. We have the biggest lot. We paid the most. We built a custom home right here at the very corner. Right here. That's our lot. De Weerd: What was your address? Downing: 1802 West Rattlesnake Drive. Downings. I never even received a letter about tonight. Half of our neighbors didn't. This weekend we had our -- our subdivision had our garage sale and all of our neighbors talked and I would have to say 80 percent did not receive a notice about tonight's hearing. De Weerd: The required noticing is 300 feet from the property. So, you are right up against it. We are trying to -- Downing: 1802. It backs right up to my house. De Weerd: We do show a mailing was sent to that property. Downing: It never came. We never got it in our mail and I have my neighbors on the other side -- De Weerd: Did you receive one? Wallace: Yes, I did. Downing: Yeah. That's how I found out. I really urge you to revisit this where the neighbors can come, because they were not informed. There are many many concerns, not just for the homes and the noise factor and the traffic factor, but the safety of the many many children in our neighborhood. De Weerd: Thank you. Is there any further testimony? Okay. Would the applicant like to have wrap-up remarks or make remarks? Nickel: Madam Mayor, if I could have just a moment, please. Again, Madam Mayor, thank you. Shawn Nickel. I do understand and appreciate the concerns of the neighbors. This is the first we have heard of any neighbors being in opposition. We held a neighborhood meeting in which no one showed up. They had the same mailing that you have in front of you tonight. Nor was anyone at the Planning and Zoning Commission testifying in opposition to this. We also posted the site for both P&Z and the Council meeting. So, I'm just saying that we -- this is kind of a first for us having someone come and state these objections this evening. I do have a letter here from -- And it's a Lochsa Falls Subdivision Phase 12 representative Tracy Cook, stating -- or giving us permission to access private road Everest Street. I can present that for -- to the Clerk for the record. If you do look at the layout of Lochsa Falls and you look at the Meridian City Council May 9, 2006 Page 41 of 54 layout of our subdivision and our main entrance coming off of Linder Road, I believe that this property right here -- and when this builds -- when this builds out with residential, it's going to be an asset -- an asset to the community. It's going to do exactly what the city and the highway district envisioned it to do, is to provide interconnectivity to this development. I do not believe that you're going to have many people cutting through this development and going out through the subdivision to get to Linder. As you can see, there are no accesses until all the way down at the quarter mile -- or the half mile back to Linder Road. I believe that this access onto Linder will be utilized by the commercial traffic. It does provide that cross-access and connectivity as envisioned by the Comprehensive Plan and ACRD. We have taken into consideration the residents that we back up to and we are providing landscaping, berming, and fencing -- solid fencing along that boundary. If Anna could go back to the site plan quickly. As you can see, the loading and unloading areas for the large grocery store is for back in this location right here -- right here, which, actually, backs up to the Lochsa Falls office portion. There is parking along this area here and this area here for these store fronts right here, but I believe that the majority of the noise, the backing up, the loading and unloading is going to be in this area right here. So, we have looked at that. We could go back and look at our landscape plan and try to beef up that berm and that buffering now that we know that there is new concerns from the neighbors. However, I do believe that the layout of this project does take that into consideration, regardless if we have -- if we heard from those neighbors or not. I think as opposed to having this box backed up to this portion right here, we did try to get it out towards Chinden for the compatibility. So, I'll stand for any questions you have. I will present this to the clerk for the record. And one more thing. The gal left, but I did want to point out to her that we are providing sidewalk along all of Chinden and all of Linder Road. De Weerd: Okay. What is the width of that? Nickel: I will have to refer that to staff. I believe that they have -- it's required to be eight feet, I'm not -- De Weerd: I think we did get to ten. I was the one that said eight. Sorry, Anna, messed up your meeting. Nickel: And we will comply with whatever that condition is for the width of that. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I have a couple questions, Shawn. In no particular order. Nickel: Okay. Meridian City Council • • May 9, 2006 Page 42 of 54 Borton: The truck access to this to be named later back here, back here, is that -- it looks really narrow. How does a truck get in and out of there? Can they even turn around? It looks to be 80 feet wide. Nickel: I believe the intentions are for backing -- for backing up of the truck. So, they come -- the trucks will come in here, back up to the loading dock. Borton: Okay. Nickel: And, again, without having a specific retailer in mind, it's hard to say what -- I mean if it's an Albertson's, we know what -- we can kind of envision what their loading docks are, because we don't really know. I think that will go through future review from the city. Borton: Madam Mayor? De Weerd: Yes. Borton: I'm just going to rattle off a few of them. Are you precluded from continuing this landscape buffer down to the edge of the street? Does the truck access require this to not be lengthy? Nickel: If I understand what you're stating, Council member -- De Weerd: Good timing. Nickel: That kind of shows you how that landscaping does stop right there. And right there. And, then, that access road to the west is right in that location right there. Borton: Okay. Canning: Madam Mayor, Members of the Council, there should be a minimum of five foot landscape strip there. Nickel: Along this way? Canning: Along the property boundary. Yeah. Nickel: Madam Mayor and Council members, this is a 25 foot buffer that you see right here, so that will provide a little more area in there. Borton: Would that be five feet down to the -- Nickel: Uh-huh. Meridian City Council • May 9, 2006 Page 43 of 54 Borton: Okay. Anna, can you put the site plan back up, please? Two questions, kind of at the same time. Does this pathway connect somewhere over here towards the intersection for people to be able to cross the street or is that -- Nickel: I believe eventually it will once -- once ITD completes the -- their improvements right there. This is going to be gravel at this point and, then, landscaping and, then, our sidewalk, until the final improvements are made on that intersection. Borton: The last question. I remember this came up -- I think it was brought up, this monument feature. Do you know anything about that or what that's planned to be? Nickel: As I stated earlier, I think it was at the Planning and Zoning, our intentions are to work with the city and I believe the city has a -- correct me if I'm wrong, a gateway committee or a gateway sign committee or something. I think I spoke with the Mayor about that. Coordinating with them and this is a gateway to the Meridian area and the vision is not only on this side, but it's on the other side, the north side of the -- of the intersection here, to have a water landscape feature, welcome to Meridian type of a feature that will show you that you're entering into the Meridian city limits. And that's -- again, that's something that we will work with the city and the committee on what that will look like. Borton: Has there been discussions with that gateway committee? Nickel: Not yet. Borton: Are you willing to provide what they suggest or recommend? Nickel: That's our intention. Borton: Okay. Thanks. De Weerd: Council, further questions? Shawn, I do. Nickel: Okay. De Weerd: When you suggested how the trucks were going to get in and out, that was a little disturbing to me. Anna, can you show a larger area map. That would work. I think where you have those big trucks backing -- or pulling in and, then, backing up are right there next to residences and what kind of fencing? Were you putting up a masonry wall or were you doing something to help mitigate the sound of those trucks? Nickel: Along the -- I guess along the -- De Weerd: Well, along probably that corner. Nickel: To here? Meridian City Council May 9, 2006 Page 44 of 54 De Weerd: Uh-huh. Nickel: The plan at this point was just asix-foot solid -- it was more of a visual barrier than anything else, but I guess at your -- at your recommendation we will look at if anything further needs to be placed there for sound. Again, not meeting with the neighbors or having their concerns addressed earlier, I was kind of caught off guard with that. I think it's something we need to look at, though. De Weerd: Well, certainly, if that is how the trucks get into load and unload, I would imagine that would be a concern. Nickel: Okay. De Weerd: At least to that stub street. Do you know in that stub street from Lochsa -- was that posted? I know ACHD has tried to sign those stubs, that it will be a through street. Do you know if that is posted? Nickel: I don't know. Typically they do. I'm pretty sure there is one here, but I don't know about over there. There is -- I don't think there is direct access to the residential lots from this street here. De Weerd: No, there isn't. Okay. Council, anything further for the applicant? Bird: I have none. De Weerd: Staff? Canning: Madam Mayor, Members of the Council, I can answer any questions that you have. I don't have any additional comments. De Weerd: Okay. Council, what is your pleasure here? Oh, I guess since you're the applicant -- part of the applicant, the final word is yours. Thornton: Madam Mayor and City Council, I appreciate it. My name is Creston Thornton, I reside at 757 West Bankside Drive, Eagle, Idaho. And this is our project. Going over this project, I just wanted to address a couple of things that Shawn may have not addressed correctly -- not incorrectly, but just to clarify. Our design is based on the design from Toothman-Orton of the Eagle and Ustick project that has the Moos Ice cream in it and also has the Papa Murphy's Pizza and the Albertson's located in it. So, our loading docks are similar to what is working there with other neighborhoods and what the trucks do is they come down the -- they come in from behind the section there that we have the mutual agreement with working with Lochsa Falls, they pull down and they back straight up and that's a loading dock for two trucks and being in the unloading industry for a lot years, I can understand that this is a two truck loading dock, this is based on specs on Eagle and Ustick, exactly what was done by Toothman-Orton to Meridian City Council • May 9, 2006 Page 45 of 54 work correctly and it will work correctly. And if it needs to be a five foot strip there is a sound barrier, whatever it needs to be, but this is, we believe, a great design and it will be a positive thing for this area, with the high end Big Sky look to it, the Big Sky ranch Montana feel. And the corner piece I'd like to address. We want to have waterfalls on both sides of the street, we want to have sculptures that say welcome to Meridian and really bring this into a feel of upscaleness. Thank you very much. De Weerd: Okay. Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we close the Public Hearing on Items 17 and 18. Rountree: Second. De Weerd: Okay. There is a motion to close the public hearings on 17 and 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve Item 17, AZ 06-006, to include applicant comments, staff comments, and particular applicant's concessions to provide sidewalk along the southern portion in the 24-foot landscape buffer. Bird: Second. De Weerd: Okay. Any discussion? When you mention everyone's comments, is there any provision there for any additional barrier for a masonry wall or anything like that? I guess I just want clarity on what testimony means. Borton: The applicant's comments. De Weerd: Okay. Borton: Staffs comments and the applicant's comments. De Weerd: So, no additional sound buffering? Borton: I don't -- I'd say no and, boy, I don't know if you can leave that open for staff, if that's -- I don't think that's feasible. Meridian City Council • May 9, 2006 Page 46 of 54 Bird: It's not fair to them. Borton: No. De Weerd: Okay. Okay. Any discussion? Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 18. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I move we approve Item 18, PP 06-005. Wardle: Second. De Weerd: Okay. I have a motion to approve Item 18. Is there any discussion? Hearing none, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Thank you. Okay. Council, there is a letter here in front of you, a copy of what the applicant provided staff. If you would like to reopen the Public Hearing to discuss this, we can do so, or we can get clarification from ITD and just take this up again next week when you continue it to. So, what would be your preference? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the sign in-sheet was there any signatures for testimony? De Weerd: I don't -- no. Bird: Okay. I didn't see a bunch of people get up and leave after we continued it. I, as one Councilman, would like to get it done with this week, then, we don't have to worry about it down the line. As long as we have got this. This is the one thing we asked for; right? This is agreeable. The letter was what we asked for, the right of way. Meridian City Council ~ • May 9, 2006 Page 47 of 54 De Weerd: We will have to reopen the Public Hearing if you want to discuss it. Bird: Yeah. We know that. Yeah. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Can I ask a question of staff? Anna, what was the date? I thought you said you had a letter dated yesterday and it said a different distance. Canning: Yes. It's not from the same person and at the risk of offending one of the Council members, it's not uncommon that we get different numbers from these two folks at ITD. However, the planning person for the 20-26 corridor is -- am I going too far before the Public Hearing is open? De Weerd: Yes. Anna: Sorry. De Weerd: So, if you would like to have this discussion tonight, I would entertain a motion to reopen the Public Hearing. If you would like to discuss it next week, the motion's already made. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I don't -- I don't know how we could open the Public Hearing and, then, solve a dispute between two letters from ITD, neither of which are here, to discern which one is accurate and correct. If I'm wrong someone else may have a better idea. De Weerd: You can give that explanation next week. So, Council, if you don't want to hear this now, I certainly will go ahead and move forward in our agenda. Item 19: Public Hearing: AZ 06-011 Request for Annexation and Zoning of 29.69 acres from RUT to an R-4 zone for Basin Creek Subdivision by Pacific Landmark Development - 5603 North Locust Grove Road: Item 20: Public Hearing: PP 06-009 Request for Preliminary Plat approval of 88 building lots and 10 common lots on 29.69 acres in a proposed R-4 zone for Basin Creek Subdivision by Pacific Landmark Development - 5603 North Locust Grove Road: De Weerd: Okay. Hearing nothing, I will open the Public Hearing on 19 and 20 for AZ 06-011 and PP 06-009. I will open these public hearings with staff comments. Meridian City Council • May 9, 2006 Page 48 of 54 Canning: Madam Mayor, Members of the Council, this is 1:he Basin Creek project. The site is located on North Locust Grove Road and it's north cif McMillan Road. Again, this is one of those -- please don't look at the layout that's in here. This is an old layout. Some of the surrounding properties I wanted to point out. This is Hightower, which just got continued. This is Arcadia here. And this is a portion of Reserve that was just recently approved there. This was Cabella Creek, I believe the name of it was. And this is Saguaro. So, you can see there is a lot of surrouinding developments recently approved, in the process of being approved, and all stages of development at this point. This was formerly the Leeshire property and that's why thE: old layout is on there. The applicant is proposing annexation and zoning and preliminary plat approval. Their gross residential density is 2.96 units per acre. The net densitty 4.13 units per acre. The development includes approval for 88 single family residential lots and ten common lots on 29.69 acres with R-4 zoning. We don't have any elevalrions. They are all proposed to be single family residences. The Planning and Zoning Commission did recommend approval at their April 6th, 2006, hearing. Ashley Ford ands Grant Lee spoke in favor of the application. No one opposed it. No one commented. There were no key issues of discussion and there were no changes to stafFs initial recommendation. There are also no outstanding issues before Council that we know of. 'This was continued once at P&Z, but that was just because ACHD had not yet had time to process the application and that's the only reason it was continued. With that I'll answer any questions you may have. The applicant can give you the range of lot sizes. They are -- all exceed the 8,000 square foot minimum for the R-4. De Weerd: Thank you, Anna. Any questions for staff at thi:~ time? Bird: I have none. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address. Ford: Honorable Mayor, Members of the Council, for the record, my name is Ashley Ford. I'm a planning project manager for WRG Design and my office address is 453 South Fitness Place in Eagle. De Weerd: Ashley, you look like you could have been one of the high school students. Ford: Thank you. As I approach my 32nd birthday. I'm here tonight on behalf of my client Pacific Landmark Development. And as staff has stated, we have a proposed total of 88 homes within this development, with an overall density of less than three units per acre. We believe -- we have worked really hard to maintain the delicate balance of being compatible with the surrounding developments, because there are some larger lots approved to the east of us that were part of county subdivisions back in the '80s and the '90. And in meeting the Comprehensive Plan land use map, which shows three to eight dwelling units per acre, we envision tf•>lis development to be more upscale. It's a single family residential development. 'The CC&Rs will require a Meridian City Council • May 9, 2006 Page 49 of 54 • minimum home size of 2,500 square feet. Architectural standards will be very strict. For example, with 30 percent masonry required, minimum of three exterior colors, and while it's difficult to speculate what the end home prices will be, we anticipate the lots with the homes will sell in the 400,000 dollar range and above. Vinyl siding -- or, excuse me, vinyl fencing will be required within the development. The only exception will be all the lots adjacent to the open park. So, right in this general area. Those lots will be required to have wrought iron fencing. Detached sidewalks. Eight foot sidewalks will be provided throughout the entire development and will provide for enhanced streetscapes, so we have worked really hard to try to provide a nice feel for the overall development. From a pedestrian and vehicular interconnectivity standpoint, we have worked with both the city and ACHD to meet all the locations for our stub roads and locations for our pathways. Basically, we are providing extension of a ten foot pathway that comes from Saguaro Canyon, that comes in through our development and, basically, ends at the southern end of Locust Grove here. Basically, this is the last leg of one of the Comp Plan pathways symptoms. So, we are really excited that we are going to be able to provide that connection for you. And, basically, we are in agreement with the conditions of approval. We appreciate staff, although the original staff member that we have been working with is no longer with the City of Meridian, Josh Wilson, but he was wonderful to work with and they have made the process really painless for us. So, happy to stand for any questions and we request your approval this evening. De Weerd: Thank you. Council, any questions? Rountree: I have none. De Weerd. Okay. Thank you. Ford: Thank you. De Weerd: Is there any testimony on this application? Okay. Seeing none, staff, any outstanding issues? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearings on AZ 06-011 and PP 06-009. Rountree: Second. De Weerd: Okay. Motion to close the public hearings on 19 and 20. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Do I have a motion? Meridian City Council May 9, 2006 Page 50 of 54 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 04 -- 04. Man. 06-011, Basin Creek Subdivision and bring the Findings of Facts and Conclusions of Law back. I don't think we had them, did we? Did we have the Findings? No. Findings of Facts and Conclusions of Law and incorporate staff and applicant's comments. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 19. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 20. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 06-009 for Basin Creek Subdivision, to conclude applicant and staff comments, and Findings of Facts and Conclusions of Law and decision of order. Rountree: Second. De Weerd: Okay. There is a motion to approve Item 20. If there is no discussion, Mr. Berg? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 21: Resolution No. 06-519 :Increase to Water and Sewer Rates: De Weerd: Okay. Items 21 and 22 are -- well, Item 21 is a resolution number 06-519. That's to increase water and sewer rates. And, Council, do you have any questions on this? You did receive an overview at our last meeting or a presentation. Rountree: I have none. Meridian City Council May 9, 2006 Page 51 of 54 De Weerd: Okay. Bird: I have none. Berg: Madam Mayor, just a comment that we need to put an effective date that we had discussed. De Weerd: Council, we did discuss among staff an effective date. July 5th is the soonest that we could be able to get it in the water bills on both cycles. I know it was discussed, I believe, for June 15th, but we have met -- we have missed the deadline in getting it in the water bills. Berg: Madam Mayor, that's the notice that there is an increase in the water bill at least a month ahead of time. At least one billing cycle ahead. Rountree: So, the effective date is the 5th. Nary: July 1. Rountree: July 1? Okay. Right, Len? De Weerd: Len, is that correct? He nods. Grady: Madam Mayor, that is correct. De Weerd: Okay. Thank you. Berg: Okay. Thank you, Madam Mayor. I will read the resolution 06-0519. A resolution ratifying the City Council's approval of Public Works fee schedule for water and sewer rates increase of four percent and providing an effective date of July 1st, 2006. De Weerd: Okay. You have heard the reading of Resolution 06-519. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Resolution 06-519 with the effective date of July 1st. Bird: Second. Rountree: And authorize appropriate signatures. Bird: Second. Meridian City Council May 9, 2006 Page 52 of 54 De Weerd: I have a motion to approve Item 21. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 22: Ordinance No. 06-1231 RZ 05-020 Request for a Rezone of .17 acres from R-4 to O-T zones for operation of a barber shop for Fred's "Reel" Barber Shop by Fred Pratt - 1127 North Meridian Road: De Weerd: Okay. Item 22 is Ordinance No. 06-1231. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1231, an ordinance finding that Fred Pratt, the owner of certain real property, has made a written request for rezone of zoning classification for real property located in the southeast quarter of the northeast quarter of Section 12, Township 3 North, Range 1 West, Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian, and rezoning the land use zoning classification of said lands from R-4 to OT in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Very exciting. Hearing none, Council, do I have a motion? Rountree: Madam Mayor, I move that we approve Item 13, Ordinance 06-1231, with suspension of rules. Wardle: Second. De Weerd: Okay. I have a motion to approve Item 22. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, I do have a City of Meridian pin to present to the only other high school student that hasn't already received one that lasted through the end of the Meridian City Council May 9, 2006 Page 53 of 54 meeting. So, if you would like a City of Meridian pin, we would love to honor you with one. Not too many students last through our entire meeting. Thank you. Rountree: That's good for about ten extra points. Bird: Yeah. De Weerd: You need to get extra points. Make sure. Berg: Show that. De Weerd: Council, just a moment to discuss the fifth Tuesday. We do have that scheduled to meet with staff. The goals for that, as we discussed at our workshop, is to bring our strategic plans and have the departments talk about those, see if any updates are needed. More so is to talk about growth areas, the planning and financing of those. We want to be pro-active and on top of these topics and tying the cost to the areas we want to grow into. And so that -- that is the agenda that we have set. We would like to set it at -- at a time from 5:30 to 9:30 to have a good in-depth discussion, so that staff feels prepared to give an overview during their budget presentation. Does that sound feasible? Did you have anything else in mind for that meeting? And AspireOn was the ones that helped create this strategic positioning map. So, that's what they will be discussing. If there is no comments or feel free to comment via a-mail if anything strikes you. I also will point out one other thing and that's the summary I think most of you received on the financing of the projects of ACHD and it gave you summaries of who all has spent what and where and I will make extra note that Meridian has been certainly generous on our end of spending three point -- almost 3.2 million dollars. The next closest one is the city of Boise. Combined they are around two million. So, we do have that in hand. We will be making comment to ACHD. So, just an FYI. Anything further? I would enter a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Thank you . MEETING ADJOURNED AT 9:38 P.M. Meridian City Council May 9, 2006 Page 54 of 54 (TAPE ON FILE OF THESE PROCEEDINGS) MA DE WEERD ~ ~ ~ ~~ DATE APPROVED '\1\\,~i`e~~~~~i~ii~i~~~~~iae sy~~ s [App i ATTESTED: ~'~~~~~~ ~A WILLIAM G. BERG JR:;~1 LERK ~°`~ M May 5, 2006 N AZ 05-051 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Centennial Development, LLC ITEM NO. 5-A REQUEST Findings for Approval -Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensburg Subdivision -northwest comer of North Ten Mile Road and West Pine 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 Aflached Findings Contacted: S1nQr~ rl I~~ CIC.C~ Date: 5- $ ~ 6~4 Phone: x138 -38~ ~ Emailed: g}~,,,,~{c~; lp~nd, C'Cl1~.lltanlS. r1e.'t Staff Initials: Materials presented at public meetMps Shall become properly of the CNy of Meridian. N CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ R~C~g~ ~~~ ~ ~ 200 ~~ '~ 'o~dis~. ~~~~ ' a ~~~. i4_~f t :_ _L;. In the Matter of Annexation and Zoning of 12.84 acres from RUT to R-15 AND Preliminary Plat approval request for 41 residential building lots and 4 common/other lots AND Conditional Use Permit for a Planned Development for amulti-family development with reductions to the required street frontage in the proposed R-15 zone, by Centennial Development. Case No(s): AZ-OS-051, PP-05-052 and CUP-05-047 For the City Council Hearing Date of: February 28, 2006 (approved on Apri125, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-051 / PP-OS-052 /CUP-OS-047 -PAGE 1 of 5 •• •• 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 28, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-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 dated September 13, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated September 13, 2006 is hereby conditionally approved; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. The applicant shall install 6 foot solid cedar fencing along the western property boundary. b. The applicant shall provide access from the subiect property to the school site to the north. The applicant shall provide a letter from the Nampa Meridian Irrigation Distrit approvm~ such access, including side rails on the bride 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 28, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-051 / PP-OS-052 /CUP-OS-047 -PAGE 2 of 5 M ~ During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, 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 plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-051 / PP-OS-052 /CUP-OS-047 -PAGE 3 of 5 •• •• 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 maybe 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 February 28, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-051 / PP-OS-052 /CUP-OS-047 -PAGE 4 of 5 M ~ By action of the City Council at its regular meeting held on the ~ ~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIlZD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, JR.~ VOTED__~l~~e~ VOTED__~~~~ VOTED_ I~~~rEJ VOTED_ iJ~~ VOTED >® MAYOR~7 de WEERD ~'° ~~ Copy served upon: ~ A licant , ~~ ~~° u ~ ' ~~ `;` ,\ pp ~~lanning Department public Works Department .•OO City Attorney By~ Dated: ~ • ifs ' Oto ' Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-051 / PP-OS-052 /CUP-OS-047 -PAGE 5 of 5 • ~~ CITY OF MERIDIAN PL G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 ', ~ q r- STAFF REPORT City Council Hearing ~ ~ ~ ~~~{' ~ Hearing Date: 2/28/2006 (Approved 4-25-061 ~'Y11~~'' ~ ~''` '" a~ ~ ~ ~~.,,~a~., TO: Mayor, City Council rt;;, cif _. FROM: Josh Wilson, Associate City Planner ~ `` - ~ - SUBJECT: Ellensburg Subdivision • Az-os-os 1 MAY ~ ~ tig~~ Annexation and Zoning of 12.84 acres from RUT to R-15 zo~i~ ®~~e~~~ ~~ ~lerl~ ~ffi~ • PP-OS-052 Preliminary Plat of 41 building lots and 4 common lots on 12.84 acres in a proposed R-ls zone • CUP-OS-047 Conditional Use Permit fora 164 unit multi-family development in an R-15 zone 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Centennial Development, has applied for Annexation and Zoning (AZ) of 12.84 acres from RUT (Ada County) to R-ls (Medium-Low Density Residential), Preliminary Plat approval of 41 buildable lots and 4 common lots, and Conditional Use Permit (CUP) approval for Planned Development fora 164 unit multi-family development with reductions to the minimum street frontages. The site is located west of N. Ten Mile Road, and north of W. Pine Avenue. This site currently contains vacant land. NOTE: The subiect applications were originally on the November 3 2005 Planning and Zoning Commission agenda. The applications have been continued twice due to a delay in the Traffic Impact Study and failure to Host public nonce on the site These applications were originally submitted prior to the City adoptmg the Umfied Development Code (UDC This project is being reviewed under the previous development provisions of Titles 11 and 12 of Meridian City Code (MCC) however Staff does discuss how the new UDC standazds for multi-family development relate to the proposed project 2. SUA'IIVIARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on January 19, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Shawn Nickel ii. In opposition: Rich Jensen iii. Commenting: Laura Wilder iv. Staff presenting application: Josh Wilson. v. Other staff commenting on application: Mike Cole. b. Key Issues of Discussion by Commission: i. The new UDC requirements for multi-family developments. ii. The extension of W. Pine Avenue c. Key Commission Changes to Staff Recommendation: i. Modify Condition 1.29 to reference Right to Farm Act. ii. Modify Condition 1.1.6 to add reference to Ten Mile Road. iii. Add Condition 1.3.7 which states: The development shall comply with the multi- family standards contained in UDC 11-4-3.27B. Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE'~ DA TE OF FEBRUARY 28, 2006 iv. Add Condition 1.3.8 which states that the building elevations shall comply with UDC 11-4-3.27E. v. Add Condition 1.3.9 which states: The applicant shall work with City staff to provide fencing between the W. Pine Avenue extension and the private road. vi. Add condition 1.3.10 which states: The applicant shall modify the preliminary plat to add an easement for a walking path extension to the neighboring property to the northwest. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approve (All Applications) I move to approve File Numbers AZ-OS-051, PP-OS-052, and CUP-OS-047 as presented in the staff report for the hearing date of February 28, 2006, and the preliminary plat dated September 13, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Deny (All Applications) I move deny File Numbers AZ-OS-051, PP-OS-052, and CUP-OS-047 as presented in the staff report for the hearing date of February 28, 2006, and the preliminary plat dated September 13, 2005 for the following reasons: (you must state specific reasons for denial). Continue (All Applications) I move to continue the public hearing for File Numbers AZ-OS-051, PP-OS-O52, and CUP-OS-047 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: North of W. Pine Avenue, west of N. Ten Mile SE %, NE ''/a, Section 10, T3N Rl W b. Owners: 1. Centennial Development 36 E. Pine Avenue Meridian, Idaho 83642 2. Rodney Shaul 775 N. Ten Mile Road Meridian, ID 83642 c. Applicant: Centennial Development 36 E. Pine Avenue Meridian, ID 83642 d. Representative: Shawn Nickel, SLN Planning e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Public/Quasi-Public Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 2 CITY OF MERIDIAN PLANNIIQG DEPARTMENT STAFF REPORT FO R THE HE.~RING DATE OF F EBRUARY 28, 2006 g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached as Exhibit Al): September 13, 2005 2. Date of Landscape Plan (attached as Exhibit A2): September 9, 2005 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by .City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: January 2 and 16, 2006 e. Radius notices mailed to properties within 300 feet on: December 23, 2005 f. Applicant posted notice on site by: January 9, 2006 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: A diverse mix of existing single family residences, City park, rural residences, vacant land and an approved multi-family development. c. Adjacent Land Use and Zoning 1. North: Existing single family residences in Mosher's Farm Subdivision and Chaparral Elementary School, zoned R-S. 2. East: Approved Sommersby multi-family development, zoned L-O and R-15. 3. South: Rural residence and vacant land, zoned RUT (Ada County). 4. West: Rural residence and vacant land, zoned RUT (Ada County). d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Planned to be in the northwest quarter of the property via a City of Meridian sewer project. Location of water: In the intersection of Ten Mile Road, and Pine Avenue. Issues or concerns: Sewer being routed through the drainage pond shall not be allowed. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Irrigation: The property is bounded on the north by the Ten Mile Stub Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 3 CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HG DATE OF FEBRUARY 28 2006 Drain. 5. Hazards: None. 6. Proposed Zoning: R-15 7. Size of Property: 12.84 acres f. Subdivision Plat Information 1. Residential Lots: 41 2. Non-residential Lots: N/A 3. Total Building Lots: 41 4. Common Lots: 4 5. Other Lots: N/A 6. Total Lots: 45 7. Open Lots: 4 8. Residential Area: 12.84 acres 9. Gross Density: 12.77 units per acre g. Conditional Use Information 1. Non-residential square footage: NA 2. Percentage of site devoted to landscaping: 1.67 acres (13%) 3. Number of Residential units: 164 h. Proposed and Required Non-Residential Setbacks: per the R-15 zone R-15 Standard Proposed Front (Living) 15 feet 35 feet Side 5 feet 5 feet Rear 15 feet 45 feet Max. Building Height 40 feet not specified Min. Street Frontage 50 feet 0 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be through two curb cuts to W. Pine Avenue, which will be extended to the western edge of the property. Please see ACRD report for details. 7. COMMENTS MEETING On October 14, 2005 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Public/Quasi Public" and it is currently zoned RUT. Public/Quasi Public is defined as "Areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 4 CITY OF MERIDIAN PLANNIIQG DEPARTMENT STAFF REPORT FOR THE HE~DATE OF FEBRUARY 28, 2006 visitors (emphasis added)." Proposals on lands designated on public and quasi-public should be considered by the surrounding land uses. While the Comprehensive Plan Future Land Use map does not explicitly support the proposed zone change, staff finds that there is a strong argument that the Comprehensive Plan policies do support the proposed zone change. A key component of this argument is the relative flexibility of Meridian's Comprehensive Plan as described in Chapter I, Section B of the Comprehensive Plan. "The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. It indicates, in a general way, how the community may develop in the next five to ten years." Furthermore, in Chapter VII, Section C Future Conditions states the following: "Figure VII-2 [The Comprehensive Land Use Map] depicts desired future land use categories and their location within the Impact Area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of a zoning map." In addition, the lands immediately to the east and south of the property are designated Mixed-Use Community on the Future Land Use map, and there is a very large area of land designated as Mixed-Use Regional around the future Ten Mile interchange on I-84 to the south. These properties to the south are anticipated to develop as a mix of commercial and high density residential projects and Staff fords that the proposed medium high-density development will act as a suitable transitional use from the medium-density properties to the north to the anticipated higher intensity developments to the south. The location of a medium-high density development adjacent to what will soon become a major transportation corridor and connection to I-84 is supported by the Comprehensive Plan. The following Comprehensive Plan policies apply to the subject application: • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1). When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the applicant's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal N, Objective C, Action 10). Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 5 CITY OF MERIDIAN PLG• ARTMENT STAFF REPORT FOR THE HN~DATE OF FEBRUARY 28, 2006 This proposal meets the Comprehensive Plan definition of high-density, with a gross density of 12.77 dwelling units per acre and adds to the variety of housing in Meridian. • Designate specific areas with adequate public services for high density residential (Chapter VII Goal V Objective A, Action 1). The proposed development is adequately served by public services. • Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares (Chapter VII Goal V Objective A, Action 14). The proposed development is near a community park and an elementary school, and is located on a Collector Roadway adjacent to an Arterial Roadway, which will soon have direct access to I-84. • Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development (Chapter VII Goal V Objective A, Action 4). The applicant has proposed a multifamily development, which adds to the diversity of housing in Meridian. 9. ZONING ORDINANCE a. Zoning Schedule of iJse Control: Meridian City Code 11-2-1 lists apartment houses as conditional use in the R-15 zoning district. b. Purpose Statement of Zone: Medium High Density Residential District: The purpose of the R-15 district is to permit the establishment of medium-high density single family attached and multi family dwellings at a density not exceeding (15) dwelling units per acre. All such districts must have direct access to transportation arterial or collector, abut or have access to park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single- family dwellings, townhouses, apartment buildings and condominiums. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed multifamily development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on September 22, 2005 by Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 6 AN~ ~ • • CITY OF MERIDIAN PL G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed multi-family? residential products. Please see Exhibit D for detailed analysis of facts and findings. Street Buffer alone W. Pine Avenue and N Ten Mile Road• The applicant has proposed a 20-foot landscape buffer along W. Pine Avenue and a 20-foot buffer is required by ordinance. A 25-foot landscape buffer is required along N. Ten Mile Road and the applicant has proposed a 25-foot landscape buffer. The effective buffer along N. Ten Mile Road is much larger, due to the location of common open space between the proposed development and N. Ten Mile Road. 2. Landscaping and Open Space: Staff is supportive of the proposed landscaping design. The applicant is proposing to set aside 1.63 acres (13% of the property), exclusive of required landscaping, for open space, which meets the requirements of MCC 12-13-16 which requires that multi-family developments shall provide common open space that equals or exceeds 10% of the gross land area of the development. All common lots which are approved as open space, and will function as drainage areas, shall be vegetated and usable by residents. Pressure Irri atg ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface 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 MCC 12-13-8 and MCC 9-1-28. 4. Fencin¢: The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of- way. All fencing should be installed in accordance with MCC 12-4-10. 5. Micro-paths: All micro-paths shall be constructed in accordance with MCC 12-13-15. Common Areas: Maintenance of all common areas shall be the responsibility of the Ellensburg Home Owners' Association. 7. Ditches, Laterals, and Canals: There aze existing irrigation ditches that run along the perimeter of this pazcel. The Ten Mile Stub Drain runs along the northern boundary of Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 7 AI~ CITY OF MERIDIAN PL G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 this site. Natural waterways or drains are allowed to remain open and Staff recommends that the City not require the applicant to the the Ten Mile Stub Drain abutting this site. Per MCC 12-4-13 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Ten Mile Stub Drain and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 8. Private Streets: The proposed private streets meet the standards set forth in UDC 11-3F-4 and the applicant shall submit private street applications to the Meridian Planning Department for each of the three proposed private streets prior submittal of the final plat for the subdivision. CONDITIONAL USE PERMIT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed development and it will promote the best interests of the City of Meridian. Please see Exhibit D for detailed analysis of facts and findings. 1. Planned Development: The applicant has requested reductions to the required frontage requirement of the R-15 zone, which is 50 feet. The applicant has proposed 0 feet of frontage for the residential lots in the subdivision, and all building lots will front on a drive aisle contained on Lot 2, Block 1. 2. Elevations: The applicant has submitted elevations for the proposed buildings and all construction will substantially comply with the submitted building elevations. 3. Amenities: MCC 12-6-2 requires that Planned Developments shall provide at least 2 amenities. The applicant has proposed a total of four amenities: pool, walking trails, clubhouse, and tot lot. The Commission and Council should determine whether the proposed four amenities are commensurate to the size of the development and meet the intent of the Planned Development guidelines. 4. Private Open Space: MCC 12-6-2-4 requires that each dwelling unit shall have at least 100 square feet of usable private open space, such as a patio or deck. 5. New Multi-Family Standards: The subject applications were submitted prior to the adoption of the Unified Development Code on September 15, 2005 and are being considered under the provisions of Titles 11 and 12, which were the previous zoning and subdivision ordinances. Staff feels that it is important to consider the standards that the development would be required to meet if the application were turned in after September 15, 2005. The standards and staff analysis (in italics) are as follows: i. Multifamily Standards: UDC 11-4-3.27B: 1. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. The project complies with this standard as submitted. 2. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. The project complies with this standard as submitted. 3. Private, usable open space: A minimum of 80 square feet of private, usable open space shall be provided for each unit. The project complies with this standard as submitted. Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 8 CITY OF MERIDIAN PLANNINGDEPARTMENT STAFF REPORT FOR THE HEAKING DATE OF FEBRUARY 28 200 6 4. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location, and a directory and map of the development at a convenient location. The application has not proposed any of these items to be included in the development. ii. Covered Parkins: UDC 11-3C-6 requires that multifamily developments shall provide parking as follows: for 1 bedroom units, there shall be two parking spaces with one in a covered carport or garage; and for units with more than one bedroom, 2 parking spaces shall be provided in a covered carport or garage. The applicant has not proposed any coveted parking. iii. Amenities: UDC 11-4-3.27 requires that multi-family developments of 75 units or more shall provide 4 amenities, with at least one from each category, and that "for multi-family developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development." The project complies with this standard as submitted, by providing the following qual~ing amenities: 1. pool; 2. walking trails; 3. clubhouse; 4. tot lot; and S. grassy area of at least fifty feet by one hundred feet. iv. Open Space: Common open space for the development shall meet the requirements of UDC 11-4-3.27C which requires that open space be provided at the following rates: 150 square feet for each unit containing 500 square feet or less of living space; 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living space; and 350 square feet for each unit containing more than 1,200 square feet of living space. Eligible common space shall not be less than 400 square feet in area and shall have a minimum length and width of 20 feet. Eligible common space shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at lest four feet in height. The project appears to comply with this standard as submitted, but staff has inadequate information to be certain. v. Elevations: Building elevations for the development shall comply with the architectural standards set forth in UDC 11-4-3.27D. The submitted elevations do not appear to meet these standards. Staff recommends that the Commission and Council consider the above stated ree2uirements for multi-family developments submitted under the Unified Development Code and determine if the subiect proposal should be subject to some or all of said re~utrements. As a Conditional Use Permit the Commission and Council may include an conditions deemed necess to insure com atibili of the develo ment with other uses in the vicinity and such additional safeguards as are necessar~to uphold the intent of the Ordmance. b. Staff Recommendation: Staff recommends approval of AZ-OS-051, PP-OS-052, and CUP-OS- 047 for Ellensburg Subdivision as presented in the staff report for the hearing date of February 28, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: September 13, 2005) Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 9 CITY OF MERIDIAN PLAI~G~ ARTMENT STAFF REPORT FOR THE • H~NG DATE OF FEBRUARY 28, 2006 2. Landscape Plan (dated: September 9, 2005) 3. Building Elevations (dated: B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 10 CITY OF MERIDIAN pLAS1l"""' ""PARTMENT STAFF REPORT FOR THE HEA7aNG D ATE OF FEBRUARY 28, 2006 A. Drawings 1. Preliminary Plat (dated: September 13, 2005) -- } - ---- - ;~ _ ~~~ g l 4 ~ i ~~~ ~ ~ '~ `~ c ~~. _ i 0 ii ! ~, i i f I .!.t ;r ~~~~ga~a~,~~~~~r~i ~ ~~g~~'~~~$R~a~~~ a®v~~ao..a~. e ~i~~~p~~~@~§~ mwn~ t~~ d ~ L ~~ -~ { ?ta~T i i~t f ~ } _ - ~ ~° ~ N ~~c 988 ~~I~ ~s~ ~a~ ~i~ s E~z i i ial ~e~ ro ®~ ~~~ ~ ~~ b ~~ s Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA1tING DATE OF FEBRUARY 28 2006 2. Landscape Plan (dated: September 9, 2005) - _- --- _~. ~a _~ ~z - W '" ~ ~ ~I ~ ~ ~ ~ ~6~ I E., yyC ~ I - ~ 1 3 ''''';;;;;~~~~ 1 w ~. r~ ~ ~~7 F ~i a a yy. J ~r~ i ~ y~~y{ ~ I ~~ ~~ 1{'~~ ~ j J ~ r q ~. /~ ! ~' _, ~ , -~ ~ a /~. _ ; ~,: r/ - / { o- g ~r1 ° ~ I~ ~~ ~ a. ~ ~ ~.~ ~ ~_ I /~ ~ ~£- ~; -165_ : I :;~; j =~:. ice. ,~' ~ ,a ' ~ ~ . a I i i Q _ r ~ ,~ ~ F, ~ ..~ F _ ~~~ - `~~- ~ c~ ~ _ ~,a ~r' } ~ I i f ~ ' 4~ ~ i 9 ~~~~ , I + 1 ___ _ ~ i 1 Exhibit A CITY OF MERIDIAN PL~G• ARTMENT STAFF REPORT FOR THE . DA TE OF FEBRUARY 28, 2006 3. Building Elevations (dated: Exhibit A ® • CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE KING DATE OF FEBRUARY 28, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-pRELIMINARY PLAT 1.1.1 The preliminary plat/CUP site plan labeled as PP-1 prepared by Bailey Engineering, dated September 13, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-051) and Conditional Use Permit (CUP-OS-047) shall also be considered conditions of the Preliminary Plat (PP-OS-052). 1.1.2 The applicant shall submit private street applications to the Meridian Planning Department for each of the three private streets prior to submittal of the final plat for the subdivision. 1.1.3 All road drainage shall be contained on site in the drainage lots as depicted. 1.1.4 Maintenance of all common areas shall be the responsibility of the Ellensburg Subdivision Homeowners' Association. 1.1.5 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.1.6 Other than the public street access approved by ACHD, direct lot access to W. Pine Avenue and Ten Mile Road is prohibited. A note shall be placed on the final plat restricting access to W. Pine Avenue and Ten Mile Road. 1.2 GENERAL REQUIlZEMENTS PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface 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 MCC 12-13-8 and MCC 9-1-28. 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. 1f permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with MCC 12-4-10. Exhibit B CITY OF MERIDIAN PLANNII~DEPARTMENT STAFF REPORT FOR TH E HEA~IVG DATE OF FEBRUARY 28, 2006 1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.2.9 Add a note to the plat which references the Right to Farm Act. 1.3 SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT 1.3.1 The CUP site plan/preliminary plat labeled as PP-1, prepared by Bailey Engineering, dated September 13, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-051) and Preliminary Plat (PP-OS-052) shall also be considered conditions of the Conditional Use Permit (CUP-OS-047). 1.3.2 A minimum of 100 square feet of private, usable open space shall be provided for each unit. 1.3.3 The approved and required amenities are as follows: 1. swimming pool; 2. clubhouse; 3. pedestrian pathways; and 4. tot lot 1.3.4 The following exception to the dimensional standards is approved with the Planned Development: 0 feet of frontage on a public street. 1.3.5 Except as noted herein, the project shall conform to the R-15 dimensional standards and setbacks. 1.3.6 Construction within Ellensburg Subdivision shall substantially comply with the elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 1.3.7 The development shall comply with the multi-family standards contained in UDC 11-4-3.27B. 1.3.8 The building elevations shall be revised to comply with UDC 11-4-3.27E. 1.3.9 The applicant shall work with City staff to provide fencing between the W. Pine Avenue extension and the private road. 1.3.10 The applicant shall modify the preliminary plat to add an easement for a walking path extension to the neighboring property to the northwest. 1.3.11 The applicant shall install 6 foot solid cedar fencing along the western property boundary 1.3.12 The applicant shall provide access from the subiect property to the school site to the north The apphcant shall provflde a letter from the Nampa Meridian Irrigation Distrit approving such access, includm~ side rails on the bride Exhibit B CITY OF MERIDIAN PLG~ ARTMENT STAFF REPORT FOR THE • KING DATE OF FEBRUARY 28, 2006 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned to be extended to the northwest portion of this property from a City sewer project. The applicant shall comply with the master sewer plan for this area. 2.2 The applicant shall install mains to and through this development, including extending a sewer stub through the middle drive aisle; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 The applicant shall reroute the sewer around the proposed drain lot, or move the drainage area. No sewer main shall be routed through drainage ponds. 2.4 Water service to this site is being proposed via extension of mains in the intersection of Ten Mile and Pine. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 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). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.6 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 evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, 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. 2.8 Dedicate a blanket City of Meridian sewer and water easement, and cross access easement over all of Lot 2, Block 1. 2.9 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- domestic purposes such as landscape irrigation. 2.11 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 Exhibit B CITY OF MERIDIAN PLAIWNIP~DEPARTMENT STAFF REPORT FOR THE HE~iRNG DATE OF FEBR UARY 28, 2006 be recorded, prior to applying for building permits. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.19 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 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. 3. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %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. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 5. For all Fire Lanes, provide signage "No Parking Fire Lane". 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. The proposed multi-family lot has an estimated 164 units with a total estimated population of 475 residents at build out The Meridian Fire Department has experienced 2612 responses in the year Exhibit B CITY OF MERIDIAN PLANNIlI~DEPARTMENT STAFF REPORT FOR THE HEt~NG DATE OF FEBRUARY 28, 2006 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service aze projected to reach 2800 in the year 2005 and 3800 by the yeaz 2010. 8. The first digit of the Apartment/Office Suite shall correspond to the floor level. 9. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly at 898-5500 to address this concern prior to the public hearing. 10. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route azound 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). 11. All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 12. There shall be a fire hydrant within 100' of all Fire Department connections. 13. Buildings over 30' in height aze required to have access roads in accordance with Appendix D Section D105. 14. Emergency response routes and fire lanes shall not be allowed to have speed bumps. 15. Pool chemicals shall be stored in compliance with the International Fire Code. 4. POLICE DEPARTMENT 1. Prior to release of building permits, the applicant shall submit a pazking plan for all off-street pazking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 5. PARKS DEPARTMENT No comment received. 6. SANITARY SERVICE COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Exhibit B CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE ~~~ DATE OF FEBRUARY 28, 2006 7. ADA COUNTY HIGHWAY DISTRICT logtion meets District policy in regard to width and location and should be approved with this appligtion. C. Site Specific Conditions of Approval Dedipte 48 feet of right-of-way fn~m the ~nteriine of Ten il~ile Road abutting the parcel by means of a warranty deed. The right-flf--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or outer rewired permits), whichever o«~rs first. Allow up to 30 business days to process the right-ofi-way dedication after receipt of all requested material. The owner wE7E be paid the fair market value of the right~asf--way dedicated which is an addition to existing ACRD right-of-way if ttte owner submits a letter of application to the Impact fee administrator prior to breaking ground, in accerdance with the ACRD Ordinance in effect at that time (cxtrrentiy Ordinance #2013), if funds are available. 2. Provide the District with a road trust deposit in the amount of 52,780.00 for the constnuction of 139- linearfeet of Sfoot concrete sidewalk abutting the site. 3. Construct the new Pine Avenue intersection as 36-teat of pavement with vertical curb, gutter and a 5- foot attactted rxancrete sidewalk on the north side of the roadway within a total of 50-feet of right~f- way. Taper the roadway dawn to 24feet of pavement with vertical curb, gutter and a 5-foot attadted concrete sidewalk on the north side of the roadway with a 3 foot grave! shoulder and an adequately sized barrow swats on the south side of the roadway within a minimum of 40-feet of right~f--way. Front on housing and direct lot acxess to Pine Avenue will be restricted in accordance with District policy. 4. Construct Pine Avenue as a stub street to the west properly line, as proposed. District staff is supportive of the applicants proposal. Construct a temporary turnaround at the terminus of Pine Avenue and Install a skjn at the terminus of the rcedway that states, °this road witi be extended in the future.° 5. Construct a 35-foot wide driveway that intersects {new) Pine Avenue approximately 430-feet west of Ten Mile Road, as proposed. 6. Construct a 35-foot wide driveway that tnterseds {new) Pine Avenue approximately 105-feet east of the west property line, as proposed. 7. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation fadlities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being looted within arty ACRD roadway or right- of-way. 3. Ali utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 357-62t3Q (with file number) for details. Exhibit B CITY OF MERIDIAN PLAN~G• ARTMENT STAFF REPORT FOR THE I~IN~DATE OF FEBRUARY 28, 2006 5. Utility street ~ in pavement less than five years old are not allowed unless approved in writing by the D~trict. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 6. A(1 design and construction shall be in accordance with the Ada County Hkjhway District Policy Manual, ISPU1lC Standards and approved supp~ments, Constructi~ Servia~s procedures and all applicable ACRD Ordinances unless speaficalty waived herein. An engineee registered in tiie State of Idaho shall prepare and certify all improvement plans. 7. The appHeant shall submit revised plans for staff approval, prior to issuance of building permit (or other r~uired permits), which incorporates any required design changes. 8. Construction, use and property development shall be in confomtancs with all applicable requirements of the Ada County Highway District prior to District approval for otxupancy. 9. Payment of applicable road impact fees are required prior to building construction in accerdance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 10. it is the responsibility of ~e applicant to verify ail existing utilities within the right-of-way. The applicant at na cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall ~ required to call DIGUNE (1-800-3421585) at least two full business days prior to breaking ground within ACHD right-~ way. The applicant shall contact ACRD Traffic Operations 387$1 ~ in the event any ACHD conduits (spare or fitted) are compromised during any phase of construction. 11. No change in the terms and corrditians of this approval shall be valid unless they are in writing and signed by the applicant ~ the appliprrt's authorrzed repr®sentative and an au~orized 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. 12. Any change by the applicant in the planned use of the property which is the subject of this application, shaA require the applicant to comply with all rules, regulati~ts, ordinances, plans, or other regulatory and legal restrictions In force at the time the applipnt or its successors in interest advises the Highway DisMct of its intent to change the planned use of the subject properly unless a waivertvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/develapment will not placx3 an undue burden on the existing vehicular transportation system within the vtc~Nty impacted by the proposed development. Attachn>tents 1. Vicinity Map 2. Site Plan 3. Request for Reconsideration Guidelines Exhibit B CITY OF MERIDIAN PL G DEPARTMENT STAFF REPORT FOR THE G DATE OF FEBRUARY 28, 2006 AI~ ~ I~RIN• C. Legal Description -~ -"'Y IDAH® - ~~„ SURVEY '` GROUP ~< Project No. OS-102 1450 East Watertaverer St Suiee Iso Meridian, Idaho 83642 Phone (208) 846=8570 Fax (208j 884-5399 Ellensburg Place June 16, 2005 A parcel of land located in the Se 1/4 of the NE ]/4 of Section 10, T.3N., R3W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the East 1/4 comer of said Section 10, from which the North 1/16 corner common to Section 1 l and the said Section 10 bears North 89°32'05" West, 25.00 feet to the REAL POINT OF BEGINNIlVG. Thence corrtinuing North 89°32'05" West, 1302.81 feet to the C-E I/16 comer; Thence along the West line of the SE 1/4 of the NE 1/4 North 00°07'50" East, 654.42 feet to a point in the Ten Mile Drain; Thence along the center of said Drain South 85°28' 19" East, 126.19 feet; Thence South b5°20'07" East, 49.70 feet; Thence North 89°38'53" East, 23.00 feet; Thence South 66°35'07" East, 357.40 feet; Thence South 67°31'53" East, 85.36 feet to the Southeast comer of Moshers Farm Subdivision, as same is recorded on Book 88 of Plats at Page 10,091, Ada County records; Thence continuing and along the South line of said subdivision South 67°26'55" East, 271.80 feet; Thence South 65°57'37" East, 448.10 feet; Thence South 50° 10'Ol" East, 52.57 feet to a point on the West right-of--way of N. Ten Mile Road; Thence along said right-of=way South 00°03'50" West, 139.33 feet to the Point of Beginning. Containing 12.84 acres, more or less Prepared By Td~thn Sun,~ev Grocp, P C 443 ,- ~~s Professic~nrel Land Surve}+ors 0 Exhibit C CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR Tf~ ~ DATE OF FEBRUARY 28 20 06 Exhibit C CITY OF MERIDIAN PL~DEPARTMENT STAFF REPORT FOR THE ~ DATE OF FEBRUARY 28 20 06 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 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 R-15. City Council fmds 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. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that multifamily residential uses are allowed within the requested zoning district of R-15 as a Conditional Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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, City Council fmds 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 (iTDC 11-5B-3.E). The R-15 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zonine of this property to R-15 would be in the best interest of the Cites 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed application is in substantial compliance with the Exhibit D CITY OF MERIDIAN PL~ DEPARTMENT STAFF REPORT FOR THE HL'~RLII~TG DATE OF FEBRUARY 28 2006 adopted Comprehensive Plan. Staff generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council fords that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff fords that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; See fording "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail. 5. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. 1'he development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Therefore, staff 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. 3. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. City Council finds that the site is 12.84 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council finds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 of this report. See Annexation and Zoning Findings #1 and 2 above. Exhibit D CITY OF MERIDIAN PLAG 1~EPARTMENT STAFF REPORT FOR THE ~~RI1~G DATE OF FEBRUARY 28 20 06 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. City Council finds that the proposed use as a multifamily development complies with the uses conditionally permitted in the R-15 zone. The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application comply with the UDC, subject to the conditions contained in this report 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. City Council fmds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. Staff recognizes that traffic volumes will significantly increase, but increased traffic volumes in the City of Meridian are a widespread problem that is beyond the scope of this approval. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. City Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACRD. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Council fmds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed as proposed. Exhibit D •~ May 5, 2006 MERIDIAN CITY COUNCIL MEETING •~ PP 05-052 May 9, 2006 APPLICANT Centennial Development, LLC ITEM NO. 5-B REQUEST Findings for Approval -Request for Preliminary Plat approval of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone for Ellensburg Subdivision -northwest comer of North Ten Mile Road ®nd West Pine 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 aBached Findings w Contacted: ~r1Q UUl l ~~ C1C~ I Date: 5- - (~Lp Phone: G~~g - 3~ ~ a. Emailed: ~_1C~ld1t~(~ tnt1C~ (K9(KI ll-~(aYltS . r-~~} Staff Initials: Materials presented of public meetings shall become property of fhe Ctiy of Meridian. •~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER MAY ~ ~ 0~~ City ~~ ~1~~~. ~~~~~~ ,~ ~•.,>. ~., ,~: `,~ In the Matter of Annexation and Zoning of 12.84 acres from RUT to R-15 AND Preliminary Plat approval request for 41 residential building lots and 4 common other lots AND Conditional Use Permit for a Planned Development for amulti-family development with reductions to the required street frontage in the proposed R-15 zone, by Centennial Development. Case No(s): AZ-05-051, PP-05-052 and CUP-OS-047 For the City Council Hearing Date of: February 28, 2006 (approved on Apri125, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-OS I / PP-OS-052 /CUP-OS-047 -PAGE 1 of 5 •• •~ 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 28, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-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 dated September 13, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated September 13, 2006 is hereby conditionally approved; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. The applicant shall install 6 foot solid cedar fencing along the western property boundary. b. The applicant shall provide access from the subiect property to the school site to the north. The applicant shall provide a letter from the Nampa Meridian lrrieation Distrit approving such access, including side rails on the bride 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 28, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-051 / PP-OS-052 /CUP-OS-047 -PAGE 2 of 5 •• •• During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, 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 maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-051 / PP-OS-052 /CUP-OS-047 -PAGE 3 of 5 •• ~~ 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 maybe 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 February 28, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-051 / PP-OS-052 /CUP-OS-047 -PAGE 4 of 5 ~• ~~ By action of the City Council at its regular meeting held on the ~y~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_ ~~/,.~.~~ COUNCIL MEMBER JOE BORTON VOTED__~~Z~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED_ I~~~%~ TIE BREAKER MAYOR TAMMY de WEERD V~TRI~ ~-~' = ~d.~ WEERD ATTEST: _® ~'~ ~ ~'~ `~' r~ ~ / = 4~ r, r - WILLIAM G. BERG, JR., LEA ~ ~- ~,:s,~ , ~ ,.,,~. _. ~ ~.: ~. ~ .~ Copy served upon: ~ Applicant Manning Department blic Works Department City Attorney B Dated:rj' ° ~ 0'Q ~O ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-051 / PP-OS-052 /CUP-OS-047 -PAGE 5 of 5 CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HIL~tING DATE OF FEBRUARY 28, 2006 i }n STAFF REPORT City Council Hearing t"'~`' *~- ~`~ y ~' ~~$ Hearing Date: 2/28/2006 (Approved 4-25-06) ~~~..~~~` sa;~ ~~ 4~ TO: Mayor, City Council '~~PF FROM: Josh Wilson, Associate City Planner "" ,~. SUBJECT: Ellensburg Subdivision ~A~ ~ ~ ~o~~i • AZ-OS-051 (:ity ®~Nje~.~,~ Annexation and Zoning of 12.84 acres from RUT to R-15 zone ('1~ ~'~~rl~ t~ • PP-OS-052 Preliminnary Plat of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone • CUP-OS-047 Conditional Use Permit fora 164 unit multi-family development in an R-15 zone 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Centennial Development, has applied for Annexation and Zoning (AZ) of 12.84 acres from RUT (Ada County) to R-15 (Medium-Low Density Residential), Preliminary Plat approval of 41 buildable lots and 4 common lots, and Conditional Use Permit (CUP) approval for Planned Development fora 164 unit multi-family development with reductions to the minimum street frontages. The site is located west of N. Ten Mile Road, and north of W. Pine Avenue. This site currently contains vacant land. NOTE: The subiect applications were originally on the November 3. 2005 Planning and Zoning Commission a8enda. The applications have been continued twice, due to a delay in the Traffic Impact Study and failure to post public notice on the site. These applications were originally submitted prior to the City adopting the Unified Development Code (UDC). This project is being reviewed under the previous development provisions of Titles 11 and 12 of Meridian City Code (MCC); however, Staff does discuss how the new UDC standards for multi-family development relate to the proposed project. 2. SUIVIlVIARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on January 19, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Shawn Nickel ii. In opposition: Rich Jensen iii. Commenting: Laura Wilder iv. Staff presenting application: Josh Wilson. v. Other staff commenting on application: Mike Cole. b. Key Issues of Discussion by Commission: i. The new UDC requirements for multi-family developments. ii. The extension of W. Pine Avenue c. Key Commission Changes to Staff Recommendation: i. Modify Condition 1.29 to reference Right to Farm Act. ii. Modify Condition 1.1.6 to add reference to Ten Mile Road. iii. Add Condition 1.3.7 which states: The development shall comply with the multi- family standards contained in UDC 11-4-3.27B. Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 1 CITY OF MERIDIAN PLA• ARTMENT STAFF REPORT FOR THE .DATE OF FEBRUARY 28, 2006 iv. Add Condition 1.3.8 which states that the building elevations shall comply with UDC 11-4-3.27E. v. Add Condition 1.3.9 which states: The applicant shall work with City staff to provide fencing between the W. Pine Avenue extension and the private road. vi. Add condition 1.3.10 which states: The applicant shall modify the preliminary plat to add an easement for a walking path extension to the neighboring property to the northwest. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approve (All Applications) I move to approve File Numbers AZ-OS-051, PP-OS-052, and CUP-OS-047 as presented in the staff report for the hearing date of February 28, 2006, and the preliminary plat dated September 13, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Deny (All Applications) I move deny File Numbers AZ-OS-051, PP-OS-052, and CUP-05-047 as presented in the staff report for the hearing date of February 28, 2006, and the preliminary plat dated September 13, 2005 for the following reasons: (you must state specific reasons for denial). Continue (All Applications) I move to continue the public hearing for File Numbers AZ-OS-051, PP-OS-052, and CUP-OS-047 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: North of W. Pine Avenue, west of N. Ten Mile SE %, NE %, Section 10, T3N Rl W b. Owners: 1. Centennial Development 36 E. Pine Avenue Meridian, Idaho 83642 2. Rodney Shaul 775 N. Ten Mile Road Meridian, ID 83642 c. Applicant: Centennial Development 36 E. Pine Avenue Meridian, ID 83642 d. Representative: Shawn Nickel, SLN Planning e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Public/Quasi-Public Ellensburg Subdivision AZ-OS-O51, PP-OS-052, CUP-OS-047 PAGE 2 CITY OF MERIDIAN PL•PARTMENT STAFF REPORT FOR THE ~ DATE OF FEBRUARY 28, 2006 g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached as Exhibit Al): September 13, 2005 2. Date of Landscape Plan (attached as Exhibit A2): September 9, 2005 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: January 2 and 16, 2006 e. Radius notices mailed to properties within 300 feet on: December 23, 2005 f. Applicant posted notice on site by: January 9, 2006 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: A diverse mix of existing single family residences, City park, rural residences, vacant land and an approved multi-family development. c. Adjacent Land Use and Zoning 1. North: Existing single family residences in Mosher's Farm Subdivision and Chaparral Elementary School, zoned R-8. 2. East: Approved Sommersby multi-family development, zoned L-O and R-15. 3. South: Rural residence and vacant land, zoned RUT (Ada County). 4. West: Rural residence and vacant land, zoned RUT (Ada County). d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Planned to be in the northwest quarter of the property via a City of Meridian sewer project. Location of water: In the intersection of Ten Mile Road, and Pine Avenue. Issues or concerns: Sewer being routed through the drainage pond shall not be allowed. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Irrigation: The property is bounded on the north by the Ten Mile Stub Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 3 CITY OF MERIDIAN PLA~• ARTMENT STAFF REPORT FOR THE Hl]~ING DATE OF FEBRUARY 28, 2006 Drain. 5. Hazards: None. 6. Proposed Zoning: R-15 7. Size of Property: 12.84 acres f. Subdivision Plat Information 1. Residential Lots: 41 2. Non-residential Lots: N/A 3. Total Building Lots: 41 4. Common Lots: 4 5. Other Lots: N/A 6. Total Lots: 45 7. Open Lots: 4 8. Residential Area: 12.84 acres 9. Gross Density: 12.77 units per acre g. Conditional Use Information 1. Non-residential square footage: NA 2. Percentage of site devoted to landscaping: 1.67 acres (13%) 3. Number of Residential units: 164 h. Proposed and Required Non-Residential Setbacks: per the R-15 zone R-15 Standard Proposed Front (Living) 15 feet 35 feet Side 5 feet 5 feet Rear 15 feet 45 feet Max. Building Height 40 feet not specified Min. Street Frontage 50 feet 0 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be through two curb cuts to W. Pine Avenue, which will be extended to the western edge of the property. Please see ACRD report for details. 7. COMMENTS MEETING On October 14, 2005 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Public/Quasi Public" and it is currently zoned RUT. Public/Quasi Public is defined as "Areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 4 CITY OF MERIDIAN PLG• ARTMENT STAFF REPORT FOR THE G DATE OF FEBRUARY 28, 2006 visitors (emphasis added)." Proposals on lands designated on public and quasi-public should be considered by the surrounding land uses. While the Comprehensive Plan Future Land Use map does not explicitly support the proposed zone change, staff finds that there is a strong argument that the Comprehensive Plan policies do support the proposed zone change. A key component of this argument is the relative flexibility of Meridian's Comprehensive Plan as described in Chapter I, Section B of the Comprehensive Plan. "The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. It indicates, in a general way, how the community may develop in the next five to ten years." Furthermore, in Chapter VII, Section C Future Conditions states the following: "Figure VII-2 [The Comprehensive Land Use Map] depicts desired future land use categories and their location within the Impact Area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of a zoning map." In addition, the lands immediately to the east and south of the property are designated Mixed-Use Community on the Future Land Use map, and there is a very large area of land designated as Mixed-Use Regional around the future Ten Mile interchange on I-84 to the south. These properties to the south are anticipated to develop as a mix of commercial and high density residential projects and Staff finds that the proposed medium high-density development will act as a suitable transitional use from the medium-density properties to the north to the anticipated higher intensity developments to the south. The location of a medium-high density development adjacent to what will soon become a major transportation corridor and connection to I-84 is supported by the Comprehensive Plan. The following Comprehensive Plan policies apply to the subject application: • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1). When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the applicant's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Ojfce. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10). Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 5 CITY OF MERIDIAN PL~PARTMENT STAFF REPORT FOR THE Hl~I1~TG DATE OF FEBRUARY 28, 2006 This proposal meets the Comprehensive Plan definition of high-density, with a gross density of 12.77 dwelling units per acre and adds to the variety of housing in Meridian. • Designate specific areas with adequate public services for high density residential (Chapter VII Goal V Objective A, Action 1). The proposed development is adequately served by public services. • Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares (Chapter VII Goal V Objective A, Action 14). The proposed development is near a community park and an elementary school, and is located on a Collector Roadway adjacent to an Arterial Roadway, which will soon have direct access to I-84. • Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development (Chapter VII Goal V Objective A, Action 4). The applicant has proposed a multifamily development, which adds to the diversity of housing in Meridian. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists apartment houses as conditional use in the R-15 zoning district. b. Purpose Statement of Zone: Medium High Density Residential District: The purpose of the R-15 district is to permit the establishment of medium-high density single family attached and multi family dwellings at a density not exceeding (15) dwelling units per acre. All such districts must have direct access to transportation arterial or collector, abut or have access to park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single- family dwellings, townhouses, apartment buildings and condominiums. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed multifamily development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on September 22, 2005 by Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 6 CITY OF MERIDIAN PLG~PARTMENT STAFF REPORT FOR THEDATE OF FEBRUARY 28, 2006 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed multi-family? residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. Street Buffer along W. Pine Avenue and N. Ten Mile Road: The applicant has proposed a 20-foot landscape buffer along W. Pine Avenue and a 20-foot buffer is required by ordinance. A 25-foot landscape buffer is required along N. Ten Mile Road and the applicant has proposed a 25-foot landscape buffer. The effective buffer along N. Ten Mile Road is much larger, due to the location of common open space between the proposed development and N. Ten Mile Road. 2. Landscaping and Open Snace: Staff is supportive of the proposed landscaping design. The applicant is proposing to set aside 1.63 acres (13% of the property), exclusive of required landscaping, for open space, which meets the requirements of MCC 12-13-16 which requires that multi-family developments shall provide common open space that equals or exceeds 10% of the gross land area of the development. All common lots which are approved as open space, and will function as drainage areas, shall be vegetated and usable by residents. 3. Pressure Irri atg ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface 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 MCC 12-13-8 and MCC 9-1-28. 4. Fencing: The applicant shall submit a detailed fencing plan with the fmal plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of- way. All fencing should be installed in accordance with MCC 12-4-10. 5. Micro-paths: All micro-paths shall be constructed in accordance with MCC 12-13-15. 6. Common Areas: Maintenance of all common areas shall be the responsibility of the Ellensburg Home Owners' Association. 7. Ditches, Laterals, and Canals: There are existing irrigation ditches that run along the perimeter of this parcel. The Ten Mile Stub Drain runs along the northern boundary of Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 7 CITY OF MERIDIAN PL~PARTMENT STAFF REPORT FOR THE H~I1~TG DATE OF FEBRUARY 28, 2006 this site. Natural waterways or drains are allowed to remain open and Staff recommends that the City not require the applicant to the the Ten Mile Stub Drain abutting this site. Per MCC 12-4-13 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Ten Mile Stub Drain and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 8. Private Streets: The proposed private streets meet the standards set forth in UDC 11-3F-4 and the applicant shall submit private street applications to the Meridian Planning Department for each of the three proposed private streets prior submittal of the final plat for the subdivision. CONDITIONAL USE PERMIT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed development and it will promote the best interests of the City of Meridian. Please see Exhibit D for detailed analysis of facts and findings. 1. Planned Development: The applicant has requested reductions to the required frontage requirement of the R-15 zone, which is 50 feet. The applicant has proposed 0 feet of frontage for the residential lots in the subdivision, and all building lots will front on a drive aisle contained on Lot 2, Block 1. 2. Elevations: The applicant has submitted elevations for the proposed buildings and all construction will substantially comply with the submitted building elevations. 3. Amenities: MCC 12-6-2 requires that Planned Developments shall provide at least 2 amenities. The applicant has proposed a total of four amenities: pool, walking trails, clubhouse, and tot lot. The Commission and Council should determine whether the proposed four amenities are commensurate to the size of the development and meet the intent of the Planned Development guidelines. 4. Private Open Snace: MCC 12-6-2-4 requires that each dwelling unit shall have at least 100 square feet of usable private open space, such as a patio or deck. 5. New Multi-Family Standards: The subject applications were submitted prior to the adoption of the Unified Development Code on September 15, 2005 and are being considered under the provisions of Titles 11 and 12, which were the previous zoning and subdivision ordinances. Staff feels that it is important to consider the standards that the development would be required to meet if the application were turned in after September 15, 2005. The standards and staff analysis (in italics) are as follows: i. Multifamily Standards: UDC 11-4-3.27B: 1. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. The project complies with this standard as submitted. 2. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. The pYOject complies with this standard as submitted. 3. Private, usable open space: 1~ minimum of 80 square feet of private, usable open space shall be provided for each unit. The pYOject complies with this standard as submitted. Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 8 CITY OF MERIDIAN PLAI~G~PARTMENT STAFF REPORT FOR THEDATE OF FEBRUARY 28 2006 4. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location, and a directory and map of the development at a convenient location. The application has not proposed any of these items to be included in the development. ii. Covered Parkins: UDC 11-3C-6 requires that multifamily developments shall provide parking as follows: for 1 bedroom units, there shall be two parking spaces with one in a covered carport or garage; and for units with more than one bedroom, 2 parking spaces shall be provided in a covered carport or garage. The applicant has not proposed any coveted parking. iii. Amenities: UDC 11-4-3.27 requires that multi-family developments of 75 units or more shall provide 4 amenities, with at least one from each category, and that "for multi-family developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development." The project complies with this standard as submitted, by providing the following qualifying amenities: 1. pool; 2. walking trails; 3. clubhouse; 4. tot lot,• and S. grassy area of at least fifty feet by one hundred feet. iv. Open Space: Common open space for the development shall meet the requirements of UDC 11-4-3.27C which requires that open space be provided at the following rates: 150 square feet for each unit containing 500 square feet or less of living space; 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living space; and 350 square feet for each unit containing more than 1,200 square feet of living space. Eligible common space shall not be less than 400 square feet in area and shall have a minimum length and width of 20 feet. Eligible common space shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at lest four feet in height. The project appears to comply with this standard as submitted, but staff has inadequate information to be certain. v. Elevations: Building elevations for the development shall comply with the architectural standards set forth in UDC 11-4-3.27D. The submitted elevations do not appear to meet these standards. Staff recommends that the Commission and Council consider the above stated reauirements for multi-family developments submitted under the Unified Development Code and determine if the subject proposal should be subject to some or all of said reauirements. As a Conditional Use Permit the Commission and Council may include anv conditions deemed necessarv to insure compatibility of the development with other uses in the vicinity and such additional safeguards as are necessarv to uphold the intent of the Ordinance. b. Staff Recommendation: Staff recommends approval of AZ-OS-051, PP-OS-052, and CUP-OS- 047 for Ellensburg Subdivision as presented in the staff report for the hearing date of February 28, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EXI~BITS A. Drawings 1. Preliminary Plat (dated: September 13, 2005) Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 9 ~• ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28 2 006 2. Landscape Plan (dated: September 9, 2005) 3. Building Elevations (dated: B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 10 CITY OF MERIDIAN PLA~G• AR • • TMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 A. Drawings 1. Preliminary Plat (dated: September 13, 2005) __ - ---------- a ~: C °~ ~~j'I ~ ~ ~ :.i 9. aq _` ~_. ~ ., ~ ~ ~ ~ ~ ~'~ s ~ ~, y ,~ ~ ~ ,,. f ~ _ `. ~~ ~ ;~~~1, a 9 (7 ~ , Q ~~I .I' l.; ;~i i~ 1~ ~~ ~ o.~. .~~i(I ,i ~~~ s~~a~~~~~~~~~~ t~l~~ {~~~R~l~~~: $ a ov~~ao..a~. 191 ~~~°~ ~a~ s~ ; F !aF P ~ -i R ~~ ~ ~~ o ~~~s~~1~ag~ ;aa~i 1 5 ~ ~~~~ °~ ~, ~ 1~ i d, ~ •~ 4~ {~Jr Y~ r .a r ddl' ~~, ro ~ ~i ~~~~ ~~~ ~ ~ ~~~ ~ '-~~ ~~ ~ o Exhibit A n. '~' s N--~- a, .~ CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 2. Landscape Plan (dated: September 9, 2005) O Lc a ~ ~~ w a~ a.'' '~~ a o~. ~~~ ~-e ~ ~~~ ~.a-.. 0. ~~ w s z s w a n. _-~--- !. - 'fA d 1 1 ~ `'~~.~1 / ~ H 4 .. ~ -~, x F ~ ~' P __ . t 3, -__ ___- Exhibit A CITY OF MERIDIAN PL G DEPARTMENT STAFF REPORT FOR THE HARING DATE OF FEBRUARY 28, 2006 3. Building Elevations (dated: Exhibit A ~• CITY OF MERIDIAN PL G DEPARTMENT STAFF REPORT FOR THE HE G DATE OF FEBRUARY 28, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary p1at1CUP site plan labeled as PP-1 prepared by Bailey Engineering, dated September 13, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-051) and Conditional Use Permit (CUP-OS-047) shall also be considered conditions of the Preliminary Pllat (PP-OS-052). 1.1.2 The applicant shall submit private street applications to the Meridian Planning Department for each of the three private streets prior to submittal of the final plat for the subdivision. 1.1.3 All road drainage shall be contained on site in the drainage lots as depicted. 1.1.4 Maintenance of all common areas shall be the responsibility of the Ellensburg Subdivision Homeowners' Association. 1.1.5 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.1.6 Other than the public street access approved by ACHD, direct lot access to W. Pine Avenue and Ten Mile Road is prohibited. A note shall be placed on the final plat restricting access to W. Pine Avenue and Ten Mile Road. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.] Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface 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 MCC 12-13-8 and MCC 9-1-28. 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with MCC 12-4-10. Exhibit B AN~ • • CITY OF MERIDIAN PL G DEPARTMENT STAFF REPORT FOR THE H G DATE OF FEBRUARY 28, 2006 1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-Z-4. 1.2.9 Add a note to the plat which references the Right to Farm Act. 1.3 SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT 1.3.1 The CUP site plan/preliminary plat labeled as PP-1, prepared by Bailey Engineering, dated September 13, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-051) and Preliminary Plat (PP-OS-052) shall also be considered conditions of the Conditional Use Permit (CUP-OS-047). 1.3.2 A minimum of 100 square feet of private, usable open space shall be provided for each unit. 1.3.3 The approved and required amenities are as follows: 1. swimming pool; 2. clubhouse; 3. pedestrian pathways; and 4. tot lot 1.3.4 The following exception to the dimensional standards is approved with the Planned Development: 0 feet of frontage on a public street. 1.3.5 Except as noted herein, the project shall conform to the R-15 dimensional standards and setbacks. 1.3.6 Construction within Ellensburg Subdivision shall substantially comply with the elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 1.3.7 The development shall comply with the multi-family standards contained in UDC 11-4-3.27B. 1.3.8 The building elevations shall be revised to comply with UDC 11-4-3.27E. 1.3.9 The applicant shall work with City staff to provide fencing between the W. Pine Avenue extension and the private road. 1.3.10 The applicant shall modify the preliminary plat to add an easement for a walking path extension to the neighboring property to the northwest. 1.3.11 The applicant shall install 6 foot solid cedar fencing along the western property boundary. 1.3.12 The applicant shall provide access from the subiect property to the school site to the north. The applicant shall provide a letter from the Nampa Meridian Irrigation Distrit approving such access, including side rails on the bridge. Exhibit B ®~ ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned to be extended to the northwest portion of this property from a City sewer prof ect. The applicant shall comply with the master sewer plan for this area. 2.2 The applicant shall install mains to and through this development, including extending a sewer stub through the middle drive aisle; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 The applicant shall reroute the sewer around the proposed drain lot, or move the drainage area. No sewer main shall be routed through drainage ponds. 2.4 Water service to this site is being proposed via extension of mains in the intersection of Ten Mile and Pine. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 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). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.6 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 evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, 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. 2.8 Dedicate a blanket City of Meridian sewer and water easement, and cross access easement over all of Lot 2, Block 1. 2.9 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 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 Exhibit B ~~ ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUAR Y 28, 2006 be recorded, prior to applying for building permits. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.18 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.19 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 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. 3. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %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. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 5. For all Fire Lanes, provide signage "No Parking Fire Lane". 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. The proposed multi-family lot has an estimated 164 units with a total estimated population of 475 residents at build out The Meridian Fire Department has experienced 2612 responses in the year Exhibit B •~ •• CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. The first digit of the Apartment/Office Suite shall correspond to the floor level. 9. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly at 898-5500 to address this concern prior to the public hearing. 10. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). 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). 11. All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 12. There shall be a fire hydrant within 100' of all Fire Department connections. 13. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 14. Emergency response routes and fire lanes shall not be allowed to have speed bumps. 15. Pool chemicals shall be stored in compliance with the International Fire Code. 4. POLICE DEPARTMENT 1. Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 5. PARKS DEPARTMENT No comment received. 6. SANITARY SERVICE COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Exhibit B A~~ ~~ CITY OF MERIDIAN PL G DEPARTMENT STAFF REPORT FOR THE HE G DATE OF FEBRUARY 28, 2006 7. ADA COUNTY HIGHWAY DISTRICT laation nests District policy in regard to width and location and should be approved with this application. C. Site Specific Gonditions of Approval 1. Dedicate 48-feet of right-of-way from the ~ntedine of Ten i4kle Road abutting the parcel by means of a warranty deed. The right-of-way purdtase and sale agreement and deed must be cotnplet~i and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building pernnit (or other required permit), whichever oars first. Allaw up to 30 business days to process the right-ot=way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of appiicamon to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Provide the District with a road bust deposit in the amount of $2,780.00 for the construction of 139- linearfeet of 5foot concrete sidewalk abutting the site. 3. Consbvct the new Pine Avenue intersection as 36-feet of pavement with vertical curb. gutter and a 5- footattached concrete sidewalk on the north side of the roadway within a total of 50-feet of tight-0f- way. Taper the roadway down to 24-feet of pavement with vertical extrb, gutter and a 5-foot attae~ed ~n~ete sidewalk on the north side of tl~e roadway with a 3 foot gravel shoulder and an adequately sized barrow swate on the south side of the roadway within a minimum of 40-feet of right-of-way. Front on housing and direct lot acxass to Pine Avenue will be restricted in accordance wig District policy, 4. Construct Pine Avenue as a stub street to the west property line, as proposed. District staff is supportive of the applipnYs propasal. Construct a temporary turnaround at the terminus of Pine Avenue and install a sign at the terminus of the roadway first states, °this road wi[I be extended in the future 5. Construct a 35-foal wide driveway that irrterse~ (new) Pine Avenue approximately430-feet west of Ten Mite Road, as proposed. 6. Construct a 35-foal wide driveway that intersects (new) Pine Avenue approximately 105-feet east of the west properly line, as proposed. 7. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation fadlities shall be relocated outside of the right-of--way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right- of-way. 3. Ali utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. ~. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction at the proposed devel®pment. C®ntaci Construction Services at 387-6280 (with file number) for details. Exhibit B A~ •~ CITY OF MERIDIAN PL G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 5. Utility street csjts in pavement less than five years old are not allowed unless approved in writing by the DisMd. Contact the District's Utility Coordinator at 387-ti258 (with file numbers) for details. 6. Ali design and ceanstrudion shall ~ in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supp~ments, Construction Services procedures and all appf'rtstble ACHD Ordinances unless speafically waived herein. An engineer registered in ttre State of Idaho shall prepare and certify all improvement plans. 7. The applignt shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design dTanges. 8. Construction, use and property development shall be in confomran~ with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 9. Payment of applicable road impact fees are required prior to building ~rrstrudion in accordance with Ordinanoa #200, also known as Ada County Highway District Impact Fee Ordinance. 10. it is the responsibility of fhe appiipnt 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 hvo full business days prior to breaking ground within ACHD right-of-way. The applicant shall corftad ACHD Traflfc Operations 387-61~ in the event any ACHD conduits (spare or filled) are compromised during any phase of constn~ction. 11. 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 Gounty Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District 12. Any grange by the applicant fn the planned use of the property which is the subject of this application, shall require the applicant to comply vrith all rules, regulations, ordinances, plans, or other regulatory and legal restric~ons in force at the time the applipnt or its sucxessors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requiremenrts are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2 Site Plan 3. Request for Reconsideration Guidelines Exhibit B • CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE H~G DATE OF FEBRUARY 28 2006 C. Legal Description ~.~, I.. "'~ IDAH® ;`: a ~ " `. °" SURVEY 4..: p L ~ -, GROUP Project No. OS-102 Ellensburg Place 1450 East ~fVatertower St Suiee 150 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 June 16, 2005 A parcel of land located in the Se 1 /4 of the NE I/4 of Section 10, T.3N,, R3 W., B.M., Ada Coumy, Idaho, more particularly described as faUows: Commencing at the East ]!4 comer of said Section 10, from which the North 1/16 corner common to Section 1 l and the said Section 10 bears North 89°32'05" West, 25.00 feet to the REAL POIIVT OF BEGINPiING. Thence continuing North 89°32'05° West, 1302.81 feet to the C-E 1/16 corner; Thence along the West line of the SE 1/4 of the NE 114 North 00°07'50" East, 654.42 feet to a point in the Ten Mile Drain; Thence along the center of said Drain South 85°28'19" East, 126.19 feet; Thence South 65°20'07" East, 49.70 feet; Thence Noah 89°38'53" East, 23.00 feet; Thence South 66°35'07" East, 357.40 feet; Thence South 67°31'53" East, 85.36 feet to the Southeast comer of Mashers Farm Subdivision, as same is recorded on Book 88 of Plats at Page 10,091, Ada County records, Thence continuing and along the South line of said subdivision South 67°26'55" East, 271.80 feet; Thence South 65°57'37" East, 448.10 feet; Thence South 50°10'01" East, 52.57 feet to a poirrt on the West right-of--way of N. Ten Mile Road; Thence along said right-of=way South 00°03'50" West, 139.33 feet to the Point of Beginning. Containing 12.84 acres, more or less. Prepared By. Idaho Surve~~ Group, P (' Pro fessionol Lond Surveyors Exhibit C •• ~• CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 Exhibit C •• ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 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 R-15. City Council fords 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. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council fords that multifamily residential uses are allowed within the requested zoning district of R-15 as a Conditional Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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, City Council fords that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (iJDC 11-SB-3.E). The R-15 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. City Council fords that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zonine of this property to 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 findings: 1. The plat is in conformance with the Comprehensive Plan; City Council fords that the proposed application is in substantial compliance with the Exhibit D CITY OF MERIDIAN PLA~pARTMENT STAFF REP •~ ORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 adopted Comprehensive Plan. Staff generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council fmds that public services are available to accommodate the proposed development. (See fording Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supposing services for the proposed development; See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail. 5. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Therefore, staff fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. 3. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. City Council finds that the site is 12.84 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council finds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 of this report. See Annexation and Zoning Findings #1 and 2 above. Exhibit D A CITY OF MERIDIAN PL G DEPARTMENT STAFF REPORT FOR THE H G DATE OF FEBRUARY 28, 2006 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. City Council fmds that the proposed use as a multifamily development complies with the uses conditionally permitted in the R-15 zone. The building height, pazlcing layout, landscape buffer widths and other dimensional standazds shown in the application comply with the UDC, subject to the conditions contained in this report 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. City Council fmds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. Staff recognizes that traffic volumes will significantly increase, but increased traffic volumes in the City of Meridian aze a widespread problem that is beyond the scope of this approval. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. City Council fmds that sanitary sewer, domestic water and irrigation aze available to the subject property. Please refer to other comments prepazed by the Meridian Fire Department, Police Department, Pazks Department, Sanitary Services Corporation and ACRD. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. City Council fmds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs aze expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfaze of the surrounding azea. Staff does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed as proposed. Exhibit D May 5, 2006 CUP 05-047 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Centennial Development, LLC ITEM NO. 5-C REQUEST Findings for Approval -Request for Conditional Use Permit for a Planned Development for multi-family residential units with a request for reductions to the street frontage requirements for Ellensburg Subdivision -Ten Mile and Pine Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See a9tached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ,, / CITY PARKS DEPT: ~/"" MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~aL,~_~,-~ ~ ji rLj~p ~ Date: 5_~ -(~~ Phone: Emailed: 9 ~~' 3~ I ~ ~IrYllb]s~n )1 o r 1 ~l (°mSi I ~ ~ 11P ~ Staff Initials: Materials presented at public meetln~s shall become properly of the CNy of Meridian. ~ ~~~~ ~ MAY 0 ~ Zpp~ Citg! ®f Meridi~a City C~_xk Officu CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER .~ ; «~~3~~ ~~ni+ -_ ~, ~~:~ .,,, r. ,, ft.f~ _ In the Matter of Annexation and Zoning of 12.84 acres from RUT to R-15 AND Preliminary Plat approval request for 41 residential building lots and 4 common other lots AND Conditional Use Permit for a Planned Development for amulti-family development with reductions to the required street frontage in the proposed R-15 zone, by Centennial Development. Case No(s): AZ-OS-051, PP-05-052 and CUP-OS-047 For the City Council Hearing Date of: February 28, 2006 (approved on Apri125, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-051 / PP-OS-052 /CUP-OS-047 -PAGE 1 of 5 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 28, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-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 dated September 13, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated September 13, 2006 is hereby conditionally approved; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. The applicant shall install 6 foot solid cedar fencine along the western property boundary. b. The applicant shall provide access from the subiect property to the school site to the north. The applicant shall provide a letter from the Tampa Meridian Irrieation Distrit approvm~ such access, including side rails on the bride 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 28, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-051 / PP-OS-052 /CUP-OS-047 -PAGE 2 of 5 During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, 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 maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-051 / PP-OS-052 /CUP-OS-047 -PAGE 3 of 5 • • 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 maybe 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 February 28, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-051 / PP-OS-052 /CUP-OS-047 -PAGE 4 of 5 • • By action of the City Council at its regular meeting held on the ~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED--~~~~~ COUNCIL MEMBER JOE BORTON VOTED__Z~~G~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~~~ COUNCIL MEMBER KEITH BIRD VOTED__~~~G~- .~c ~~ <~ ~~~ ~,~ ~'~4 ~~' J i ~~ ~~ :- // J~~ 6 V Copy served upon: Applicant `°°/j°r,, ~ ~~ ~°"`` ,~ Planning Department Public Works Department /City Attorney Dated: J' ~ Q' 0io City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S}. AZ-OS-051 / PP-OS-052 /CUP-OS-047 -PAGE 5 of 5 TIE BREAKER ~ MAYOR TAMMY de WEERD VOTED CITY OF MERIDIAN PL ING DEPARTMENT STAFF REPORT FOR THE H• G DATE OF FEBRUARY 28, 2006 - .~ ~~,iil ~$~+~ STAFF REPORT City Council Hearing r ~• ~~r ~ Hearing Date: 2/28/2006 (Approved 425-06) ~~~(!~ `1'~ "~ tu.>~-ru TO: Mayor, City Council `~~ `~ 'qfE RP '~±~ W°~ t FROM: Josh Wilson, Associate City Planner - - SUBJECT: Ellensburg Subdivision ~IAY 0 ~ ~ppp • AZ-OS-051 City ®f Meridiem. Annexation and Zoning of 12.84 acres from RUT to R-15 zone Cif Clerk Office • PP-OS-052 Preliminary Plat of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone • CUP-OS-047 Conditional Use Permit fora 164 unit multi-family development in an R-15 zone 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Centennial Development, has applied for Annexation and Zoning (AZ) of 12.84 acres from RUT (Ada County) to R-15 (Medium-Low Density Residential), Preliminary Plat approval of 41 buildable lots and 4 common lots, and Conditional Use Permit (CUP) approval for Planned Development fora 164 unit multi-family development with reductions to the minimum street frontages. The site is located west of N. Ten Mile Road, and north of W. Pine Avenue. This site currently contains vacant land. NOTE: The subiect applications were originally on the November 3 2005 Planning and Zoning Commission agenda. The applications have been continued twice due to a delay in the Traffic Impact Study and failure to post public notice on the site These applications were originally submitted prior to the Citv adopting the Unified Development Code (UDC) This project is being reviewed under the previous development provisions of Titles 11 and 12 of Meridian City Code (MCC)• however Staff does discuss how the new UDC standards for multi-family development relate to the proposed project 2. SUNIMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on January 19, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Shawn Nickel ii. In opposition: Rich Jensen iii. Commenting: Laura Wilder iv. Staff presenting application: Josh Wilson. v. Other staff commenting on application: Mike Cole. b. Key Issues of Discussion by Commission: i. The new UDC requirements for multi-family developments. ii. The extension of W. Pine Avenue c. Key Commission Changes to Staff Recommendation: i. Modify Condition 1.29 to reference Right to Farm Act. ii. Modify Condition 1.1.6 to add reference to Ten Mile Road. iii. Add Condition 1.3.7 which states: The development shall comply with the multi- family standards contained in UDC 11-4-3.27B. Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H~ G DATE OF FEBRUARY 28 2 006 iv. Add Condition 1.3.8 which states that the building elevations shall comply with UDC 11-4-3.27E. v. Add Condition 1.3.9 which states: The applicant shall work with City staff to provide fencing between the W. Pine Avenue extension and the private road. vi. Add condition 1.3.10 which states: The applicant shall modify the preliminary plat to add an easement for a walking path extension to the neighboring property to the northwest. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approve (All Applications) I move to approve File Numbers AZ-OS-051, PP-OS-052, and CUP-OS-047 as presented in the staff report for the hearing date of February 28, 2006, and the preliminary plat dated September 13, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Deny (All Applications) I move deny File Numbers AZ-OS-051, PP-OS-052, and CUP-OS-047 as presented in the staff report for the hearing date of February 28, 2006, and the preliminary plat dated September 13, 2005 for the following reasons: (you must state specific reasons for denial). Continue (All Applications) I move to continue the public hearing for File Numbers AZ-OS-051, PP-OS-052, and CUP-OS-047 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: North of W. Pine Avenue, west of N. Ten Mile SE %, NE %, Section 10, T3N Rl W b. Owners: 1. Centennial Development 36 E. Pine Avenue Meridian, Idaho 83642 Z. Rodney Shaul 775 N. Ten Mile Road Meridian, ID 83642 c. Applicant: Centennial Development 36 E. Pine Avenue Meridian, ID 83642 d. Representative: Shawn Nickel, SLN Planning e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Public/Quasi-Public Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H~ G DATE OF FEBR VARY 28, 2006 g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached as Exhibit Al): September 13, 2005 2. Date of Landscape Plan (attached as Exhibit A2): September 9, 2005 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: January 2 and 16, 2006 e. Radius notices mailed to properties within 300 feet on: December 23, 2005 f. Applicant posted notice on site by: January 9, 2006 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: A diverse mix of existing single family residences, City park, rural residences, vacant land and an approved multi-family development. c. Adjacent Land Use and Zoning 1. North: Existing single family residences in Mosher's Farm Subdivision and Chaparral Elementary School, zoned R-8. 2. East: Approved Sommersby multi-family development, zoned L-O and R-15. 3. South: Rural residence and vacant land, zoned RUT (Ada County). 4. West: Rural residence and vacant land, zoned RUT (Ada County). d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Planned to be in the northwest quarter of the property via a City of Meridian sewer project. Location of water: In the intersection of Ten Mile Road, and Pine Avenue. Issues or concerns: Sewer being routed through the drainage pond shall not be allowed. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Irrigation: The property is bounded on the north by the Ten Mile Stub Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H' G DATE OF FEBRUARY 28 2 006 Drain. 5. Hazards: None. 6. Proposed Zoning: R-15 7. Size of Property: 12.84 acres f. Subdivision Plat Information 1. Residential Lots: 41 2. Non-residential Lots: N/A 3. Total Building Lots: 41 4. Common Lots: 4 5. Other Lots: N/A 6. Total Lots: 45 7. Open Lots: 4 8. Residential Area: 12.84 acres 9. Gross Density: 12.77 units per acre g. Conditional Use Information 1. Non-residential square footage: NA 2. Percentage of site devoted to landscaping: 1.67 acres (13%) 3. Number of Residential units: 164 h. Proposed and Required Non-Residential Setbacks: per the R-15 zone R-15 Standard Proposed Front (Living) 15 feet 35 feet Side 5 feet 5 feet Rear 15 feet 45 feet Max. Building Height 40 feet not specified Min. Street Frontage 50 feet 0 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be through two curb cuts to W. Pine Avenue, which will be extended to the western edge of the property. Please see ACHD report for details. 7. COMMENTS MEETING On October 14, 2005 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Public/Quasi Public" and it is currently zoned RUT. Public/Quasi Public is defined as "Areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 4 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 visitors (emphasis added)." Proposals on lands designated on public and quasi-public should be considered by the surrounding land uses. While the Comprehensive Plan Future Land Use map does not explicitly support the proposed zone change, staff finds that there is a strong argument that the Comprehensive Plan policies do support the proposed zone change. A key component of this argument is the relative flexibility of Meridian's Comprehensive Plan as described in Chapter I, Section B of the Comprehensive Plan. "The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. It indicates, in a general way, how the community may develop in the next five to ten years." Furthermore, in Chapter VII, Section C Future Conditions states the following: "Figure VII-2 [The Comprehensive Land Use Map] depicts desired future land use categories and their location within the Impact Area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of a zoning map." In addition, the lands immediately to the east and south of the property are designated Mixed-Use Community on the Future Land Use map, and there is a very large area of land designated as Mixed-Use Regional around the future Ten Mile interchange on I-84 to the south. These properties to the south are anticipated to develop as a mix of commercial and high density residential projects and Staff fords that the proposed medium high-density development will act as a suitable transitional use from the medium-density properties to the north to the anticipated higher intensity developments to the south. The location of a medium-high density development adjacent to what will soon become a major transportation corridor and connection to I-84 is supported by the Comprehensive Plan. The following Comprehensive Plan policies apply to the subject application: • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1). When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal sei-vices to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the applicant's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACID). This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10). Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 5 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 This proposal meets the Comprehensive Plan definition ofhigh-density, with a gross density of 12.77 dwelling units per acre and adds to the variety of housing in Meridian. • Designate specific areas with adequate public services for high density residential (Chapter VII Goal V Objective A, Action 1). The proposed development is adequately served by public services. • Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares (Chapter VII Goal V Objective A, Action 14). The proposed development is near a community park and an elementary school, and is located on a Collector Roadway adjacent to an Arterial Roadway, which will soon have direct access to I-84. • Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development (Chapter VII Goal V Objective A, Action 4). The applicant has proposed a multifamily development, which adds to the diversity of housing in Meridian. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists apartment houses as conditional use in the R-15 zoning district. b. Purpose Statement of Zone: Medium High Density Residential District: The purpose of the R-15 district is to permit the establishment of medium-high density single family attached and multi family dwellings at a density not exceeding (15) dwelling units per acre. All such districts must have direct access to transportation arterial or collector, abut or have access to park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single- family dwellings, townhouses, apartment buildings and condominiums. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed multifamily development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on September 22, 2005 by Terry Peugh, PLS) shows the properly as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 6 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 That all future development of the subject property shall be constructed in accordance with Ciry of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed multi-family? residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. Street Buffer along W. Pine Avenue and N. Ten Mile Road: The applicant has proposed a 20-foot landscape buffer along W. Pine Avenue and a 20-foot buffer is required by ordinance. A 25-foot landscape buffer is required along N. Ten Mile Road and the applicant has proposed a 25-foot landscape buffer. The effective buffer along N. Ten Mile Road is much larger, due to the location of common open space between the proposed development and N. Ten Mile Road. 2. Landscaping and Open Space: Staff is supportive of the proposed landscaping design. The applicant is proposing to set aside 1.63 acres (13% of the property), exclusive of required landscaping, for open space, which meets the requirements of MCC 12-13-16 which requires that multi-family developments shall provide common open space that equals or exceeds 10% of the gross land area of the development. All common lots which are approved as open space, and will function as drainage areas, shall be vegetated and usable by residents. Pressure Irri atg ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface 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 MCC 12-13-8 and MCC 9-1-28. 4. Fencins: The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of- way. All fencing should be installed in accordance with MCC 12-4-10. 5. Micro-paths: All micro-paths shall be constructed in accordance with MCC 12-13-15. Common Areas: Maintenance of all common areas shall be the responsibility of the Ellensburg Home Owners' Association. 7. Ditches, Laterals, and Canals: There are existing irrigation ditches that run along the perimeter of this parcel. The Ten Mile Stub Drain runs along the northern boundary of Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 7 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2 8, 2006 this site. Natural waterways or drains are allowed to remain open and Staff recommends that the City not require the applicant to the the Ten Mile Stub Drain abutting this site. Per MCC 12-4-13 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Ten Mile Stub Drain and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 8. Private Streets: The proposed private streets meet the standards set forth in UDC 11-3F-4 and the applicant shall submit private street applications to the Meridian Planning Department for each of the three proposed private streets prior submittal of the final plat for the subdivision. CONDITIONAL USE PERNIIT ANALYSIS• Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed development and it will promote the best interests of the City of Meridian. Please see Exhibit D for detailed analysis of facts and findings. 1. Planned Development: The applicant has requested reductions to the required frontage requirement of the R-15 zone, which is 50 feet. The applicant has proposed 0 feet of frontage for the residential lots in the subdivision, and all building lots will front on a drive aisle contained on Lot 2, Block 1. 2. Elevations: The applicant has submitted elevations for the proposed buildings and all construction will substantially comply with the submitted building elevations. 3. Amenities: MCC 12-6-2 requires that Planned Developments shall provide at least 2 amenities. The applicant has proposed a total of four amenities: pool, walking trails, clubhouse, and tot lot. The Commission and Council should determine whether the proposed four amenities are commensurate to the size of the development and meet the intent of the Planned Development guidelines. 4. Private Oven Space: MCC 12-6-2-4 requires that each dwelling unit shall have at least 100 square feet of usable private open space, such as a patio or deck. 5. New Multi-Family Standards• The subject applications were submitted prior to the adoption of the Unified Development Code on September 15, 2005 and are being considered under the provisions of Titles 11 and 12, which were the previous zoning and subdivision ordinances. Staff feels that it is important to consider the standards that the development would be required to meet if the application were turned in after September 15, 2005. The standards and staff analysis (in italics) are as follows: i. Multifamilv Standards: UDC 11-4-3.27B: 1. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. The project complies with this standadd as submitted. 2. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. The project complies with this standard as submitted. 3. Private, usable open space: A minimum of 80 square feet of private, usable open space shall be provided for each unit. The pYOject complies with this standard as submitted. Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 28, 2006 4. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location, and a directory and map of the development at a convenient location. The application has not proposed any of these items to be included in the development. ii. Covered Parkins: UDC 11-3C-6 requires that multifamily developments shall provide parking as follows: for 1 bedroom units, there shall be two parking spaces with one in a covered carport or garage; and for units with more than one bedroom, 2 parking spaces shall be provided in a covered carport or garage. The applicant has not proposed any covered parking. iii. Amenities: UDC 11-4-3.27 requires that multi-family developments of 75 units or more shall provide 4 amenities, with at least one from each category, and that "for multi-family developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development." The project complies with this standard as submitted, by providing the following qual j~ing amenities: 1. pool; 2. walking trails; 3. clubhouse; 4. tot lot; and S. grassy area of at least fifty feet by one hundred feet. iv. Open Space: Common open space for the development shall meet the requirements of UDC 11-4-3.27C which requires that open space be provided at the following rates: 150 square feet for each unit containing 500 square feet or less of living space; 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living space; and 350 square feet for each unit containing more than 1,200 square feet of living space. Eligible common space shall not be less than 400 square feet in area and shall have a minimum length and width of 20 feet. Eligible common space shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at lest four feet in height. The project appears to comply with this standard as submitted, but sta, ff has inadequate information to be certain. v. Elevations: Building elevations for the development shall comply with the architectural standards set forth in UDC 11-4-3.27D. The submitted elevations do not appear to meet these standards. Staff recommends that the Commission and Council consider the above stated reauirements for multi-family developments submitted under the Unified Development Code and determine if the subject proposal should be subiect to some or all of said reauirements. As a Conditional Use Permit the Commission and Council may include any conditions deemed necessary to insure compatibility of the development with other uses in the vicinity and such additional safeguards as are necessar~phold the intent of the Ordinance. b. Staff Recommendation: Staff recommends approval of AZ-OS-051, PP-OS-052, and CUP-OS- 047 for Ellensburg Subdivision as presented in the staff report for the hearing date of February 28, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: September 13, 2005) Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 9 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEB RUARY 28, 2006 2. Landscape Plan (dated: September 9, 2005) 3. Building Elevations (dated: B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Ellensburg Subdivision AZ-OS-051, PP-OS-052, CUP-OS-047 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN G DATE OF FEBRUARY 28, 2006 A. Drawings 1. Preliminary Plat (dated: September 13, 2005) --- - --- ._ ~, - ~-~ - __--- __ _ -- ~ z ~_ ~ ~ ~ ~~ _ L~ ~~ ~ ~ ~, ~. - _ . I ~ ° ~ '-~ ti .~ ~~ ~~< tol;~i a ~[13it~VT-sU~-,i ._ ~~~ ~ ~ ~ ~ ~~ ~ ~ ~ e ~e. ~~i~~~ ~~ ~.~~.®.. o j. '~~p~l$~,a~ 0 ~~~9 r! ~ ~~ ~~ 9 ~~ 0\ t 00 J 8_ a ~ 0 .; d it ~`~~ ~~'i~ ~~°a ~ ~~~ ~e~~ e ~pa ! ~°. 9e~ 4 ~ -S ~~ ~ , a ~ s~~,;,. ~ r. ~~ . a yya~~ ~ _ _~~ ~)~ s ; i 3 i ~l e 6~ a ~r ,e~ r P t ro e ~~~ ~ ~~a S o o ~ Exhibit A CITY OF MERIDIAN PLANN• DEPARTMENT STAFF REPORT FOR THE H• G DATE OF FEB RUARY 28, 2006 2. Landscape Plan (dated: September 9, 2005) - ___ f - ~ ~ - , ~ ~x~~ a ~ ~i d~:~4 ~ ~ ~~ ~ .j ~ ~Ia r a ~ / ~~' z ~~~ ~,~f q F. ~! J4 a ~' ~ ,, fi ~ F ~ ~ ~ (~( { s ~ ~ ~ ,~~ - -..- a ~ ,d I. U ``y alt ~ /' ~ ~w~y I 5, ~ _ ~ <: _. ~ I ~, ~~ ~ Y I Ji' 3 I / B ~ J P ~ u ~ ' ,., ~ I v r ~/~~ Y ti ~x ,~ 1 /~ L ~ ,~~~ ~~ ~ ~ ~~ ~ ~~ ~~ ~~. t .:r f 9 f5, ~ _ ~> ~ Y:, • D ~ _ ~I ~- e~1 ti ~ ~ ~,~ ~ ~~ t 1 ~~ s w~ .,_ ~ _ w,. ~; ~~ 1 ---- -__ Exhibit A CITY OF MERIDIAN PLANN• DEPARTMENT STAFF REPORT FOR THE H• G DATE OF FEB RUARY 28, 2006 3. Building Elevations (dated: Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H~ G DATE OF FEBRUARY 28 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary platlCUP site plan labeled as PP-1 prepared by Bailey Engineering, dated September 13, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-051) and Conditional Use Permit (CUP-OS-047) shall also be considered conditions of the Preliminary Plat (PP-OS-052). 1.1.2 The applicant shall submit private street applications to the Meridian Planning Department for each of the three private streets prior to submittal of the final plat for the subdivision. 1.1.3 All road drainage shall be contained on site in the drainage lots as depicted. 1.1.4 Maintenance of all common areas shall be the responsibility of the Ellensburg Subdivision Homeowners' Association. 1.1.5 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.1.6 Other than the public street access approved by ACRD, direct lot access to W. Pine Avenue and Ten Mile Road is prohibited. A note shall be placed on the final plat restricting access to W. Pine Avenue and Ten Mile Road. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface 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 MCC 12-13-8 and MCC 9-1-28. 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with MCC 12-4-10. Exhibit B CITY OF MERIDIAN PLAAI•G DEPARTMENT STAFF REPORT FOR THE H• G DATE OF FEBRUARY 28 2006 1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.2.9 Add a note to the plat which references the Right to Farm Act. 1.3 SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT 1.3.1 The CUP site plan/preliminary plat labeled as PP-1, prepared by Bailey Engineering, dated September 13, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-051) and Preliminary Plat (PP-OS-052) shall also be considered conditions of the Conditional Use Permit (CUP-OS-047). 1.3.2 A minimum of 100 square feet of private, usable open space shall be provided for each unit. 1.3.3 The approved and required amenities are as follows: 1. swimming pool; 2. clubhouse; 3. pedestrian pathways; and 4. tot lot 1.3.4 The following exception to the dimensional standards is approved with the Planned Development: 0 feet of frontage on a public street. 1.3.5 Except as noted herein, the project shall conform to the R-15 dimensional standards and setbacks. 1.3.6 Construction within Ellensburg Subdivision shall substantially comply with the elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 1.3.7 The development shall comply with the multi-family standards contained in UDC 11-4-3.27B. 1.3.8 The building elevations shall be revised to comply with UDC 11-4-3.27E. 1.3.9 The applicant shall work with City staff to provide fencing between the W. Pine Avenue extension and the private road. 1.3.10 The applicant shall modify the preliminary plat to add an easement for a walking path extension to the neighboring property to the northwest. 1.3.11 The applicant shall install 6 foot solid cedar fencing along the western property boundary 1.3.12 The applicant shall provide access from the subiect property to the school site to the north The apphcant shall provide a letter from the Nampa Meridian Irrigation Distrit approving such access, including side rails on the bridge Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned to be extended to the northwest portion of this property from a City sewer project. The applicant shall comply with the master sewer plan for this area. 2.2 The applicant shall install mains to and through this development, including extending a sewer stub through the middle drive aisle; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 The applicant shall reroute the sewer around the proposed drain lot, or move the drainage area. No sewer main shall be routed through drainage ponds. 2.4 Water service to this site is being proposed via extension of mains in the intersection of Ten Mile and Pine. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 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). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXIiIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXIiIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.6 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 evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, 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. 2.8 Dedicate a blanket City of Meridian sewer and water easement, and cross access easement over all of Lot 2, Block 1. 2.9 All existing structures shall be removed prior to signature on the final plat by the City Engineer. Z.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 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 Exhibit B CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE H• G DATE OF FEBRUARY 28 200 6 be recorded, prior to applying for building permits. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.19 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 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. 3. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %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. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 5. For all Fire Lanes, provide signage "No Parking Fire Lane". 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. The proposed multi-family lot has an estimated 164 units with a total estimated population of 475 residents at build out The Meridian Fire Department has experienced 2612 responses in the year Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE • G DATE OF FEBRUARY 28 2 006 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. The first digit of the ApartmenbOffice Suite shall correspond to the floor level. 9. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly at 898-5500 to address this concern prior to the public hearing. 10. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). 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). 11. All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 12. There shall be a fire hydrant within 100' of all Fire Department connections. 13. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 14. Emergency response routes and fire lanes shall not be allowed to have speed bumps. 15. Pool chemicals shall be stored in compliance with the International Fire Code. 4. POLICE DEPARTMENT 1. Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 5. PARKS DEPARTMENT No comment received. 6. SANITARY SERVICE COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28 2 006 7. ADA COUNTY HIGHWAY DISTRICT lotion nests District policy in regard to width and location and should be approved with this appligtion. C. Seta Spa+cific Conditions of Approval Dedicate 48-feet of right-oi-way from the centerline of Ten 61rH7e Read abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must ~ cornplet~l and signed by the applicant prior to scheduling the final plat for signature by the ACHD Cornmission or prior b issuance; of a building permit (or other required pemtlts), whieF~ver otx~rs first. Ailaw up to 30 business days to process the right-of-way dedication after receipt of aBl requested material. The owner wi71 be paid the fair market value of the rfgFtt-of-way dedicated which is an addition to existing ACRD right-of-way if the owner submits a letter of appticatfon to the impact f~ adminfstrator prior to breaking ground, in atxordance with the ACRD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Provide the District with a road trust deposit in the amount of $2,780.00 for the t:ortstructidn of 139- Bnearfeet of 5-foot concrete sidewalk abutting the site. 3. Construct the new Pine Avenue intersection as 3t3-i~t of pavement with vertit~l t~rb, gutter and a 5- foot attatated concrete sidewalk on the north side of the roadway within a total of 50-feet of right-of- way. Taper the roadway doom to 24feet of pavement with vertical curb, gutter and a 5-foot attached concrete s~ewalk on the north side of the roadway with a 3~aot gravel shoulder and an adequately sized barrow swale on the south side of the roadway within a minimum of 40-feet of right-of-way. Front on housing and direct lot access to Pine Avenue will be restricted in atxordance with District policy. 4. Construct Pine Avenue as a stub street to the west property line, as proposed. District staff is supportive of the applipnt's proposal. Construct a temporary turnaround at the terminus of Pine Avenue and Install a skin at the terminus of the rcedway that states, °this road will be extended in the future.° 5. Construct a 35 fit wide driveway that intersects {new) Pine Avenue approximately 430-feet west of Ten Mile Road, as proposed. 6. Construct a 35-foot wide driveway that intersects {new) Pine Avenue appro~dmately 105-fcet east of the west property line, as proposed. 7. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing Irrigation fatalities shall be reloceted outside of the right-of--way. 2. Private sewer or water systems are prohibited from being looted within any ACRD roadway or rfght- of-way. 3. Ali utility relocation costs associated with improving street frontages abutting the site shall be home by the developer. 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 38r-628Q (with file number} for details. Exhibit B CITY OF MERIDIAN PL • DEPARTMENT STAFF REPORT FOR THE • G DATE OF FEB RUARY 28, 2006 5. Utility street cuts in pavement less than five years old are not albwed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 6. Ap design and construction shall !~ In accordance with the Ada Gounty Highway District Policy Manual, ISPWC Standards and approved supplements, Consinrction Services procedures and all applicable ACHD Ordinances unless speafically waived herein. An engineer registered in tine State of [daho shall prepare and certify ail improvement plans. 7. The applicant shall submit revised plans far staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 8. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for oa~pancy. 9. Payment of applicable road impact fees are required prior to building instruction in acxordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 10. it is the responsibility of the applicant to verify all erasting utilities within the right-of-way. The applignt at no cost to ACHD shall repair existing utilities damaged by the applicant. The appllgnt shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground vvithln ACHD right-~ way. The applicant shall contact ACHD Traffic Operations 387-8190 in the event any ACHD conduits (spare or filled) are compromised during any phase of cxmstruction. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applipnt w 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. 12. 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. E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. ACHD requlremerrts are intended to assure that the proposed usedevelopment will not place an undue burden on the existing vehicular transportation system within the vidnity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Request for Reconsideration Guidelines Exhibit B CITY OF MERIDIAN PLAS~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEB RUARY 28, 2006 C. Legal Description f '~='~`"~"-' ~dl4H® 1450 East Wacercoveer 5c ±~ SURVEY 3uice ISO Meridian, Idaho 83&42 GROUP ~hon® (zos} e4s-es7o _, ___ Faz (208} 884-5349 Project No. OS-102 June 16, 2005 Ellensburg Place A parcel of land located in the Se 1/4 of the NE ]/4 of Section 10, T.3N., R3W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the East l/4 comer of said Section 10, from which the North 1/16 corner common to Section 1 I and the said Section 10 bears North 89°32'05" tdest, 25.00 feet to the REAL PAINT OF)IEGININING. Thence corainuing North 89°32'05" West, 1302.81 feet to the C-E 1/16 corner; Thence along the West line of the SE 1/4 of the NE 114 North 00°07'50" East, 654.42 feet to a point in the Ten Mile Drain; Thence along the center of said Drain South 85°28' 19" East, 126.19 feet; Thence South 65°20'07" East, 49.70 feet; Thence North 89°38'53" East, 23.00 feet; Thence South 66°35'07" East, 357.40 feet; Thence South 67°31'53" East, 85.36 feet to the Southeast comer of Moshers Farm Subdivision, as same is recorded on Book 88 of Plats at Page 10,091, Ada County records; Thence corrtinuing and along the South line of said subdivision South 67°26'55" East, 27l .80 feet; Thence South 65°57'37" East, 448.10 feet; Thence South 50° 10'Ol"East, 52.57 feel to a point an the West right-of--way of N. Ten Mile Road; Thence along said right-of--way South 00°03'50" West, 139.33 feet to the Point of Beginning. Contairting 12.84 acres, more or less Prepared By idsho cun•e~~ GrdiuP, P C ~= 4431 ,~,,~~~s ~ 9rF of ~~*~ Professoono! Lond Surveyors R~yp Exhibit C CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28 2006 Exhibit C CITY OF MERIDIAN PLAA•G DEPARTMENT STAFF REPORT FOR THE • G DATE OF FEBRUARY 28 20 06 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 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 R-15. City Council fords 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. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that multifamily residential uses are allowed within the requested zoning district of R-15 as a Conditional Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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, 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 (UDC 11-SB-3.E). The R-15 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. City Council fords that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zoninc of this nropertv to 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 findings: 1. The plat is in conformance with the Comprehensive Plan; City Council fords that the proposed application is in substantial compliance with the Exhibit D CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE ~ARING DATE OF FEBRUARY 28 2006 adopted Comprehensive Plan. Staff generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council fords that public services are available to accommodate the proposed development. (See fording Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff fords that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail. 5. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Therefore, staff 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. 3. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. City Council finds that the site is 12.84 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council fords that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 of this report. See Annexation and Zoning Findings #1 and 2 above. Exhibit D CITY OF MERIDIAN PL • DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28 2006 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. City Council fmds that the proposed use as a multifamily development complies with the uses conditionally permitted in the R-15 zone. The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application comply with the UDC, subject to the conditions contained in this report 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. City Council finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. Staff recognizes that traffic volumes will significantly increase, but increased traffic volumes in the City of Meridian are a widespread problem that is beyond the scope of this approval. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. City Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACRD. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. City Council fmds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Council fmds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council fmds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed as proposed. Exhibit D May 5, 2006 AZ 05-064 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Tuscany Development, Inc. ITEM NO. 5-D REQUEST Findings for Approval -Request for Annexation and Zoning of of 116.81 acres from RUT to R-8 zone for Bear Creek West Subdivision - south of West Overland Road and west of South Stoddard Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~(~Cii MCKa 4 Date: 5-g-tom Phone: q~j$-t j~$~ Emailed: PS--ShCt.riSq[}~.ua}. ~} Staff Initials: Materials presented at public meetings shah become properly of the City of Merfdlan. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ~~~~ ~ MAp 0 5 200fi ~it~ lr,~~~~di~ _ ~ 2a ~1~ . ~ .k~ ~, lL~.'e}ii~~ 1~ '~~r. ~> ~W?, ~'. ALL, 7"us.,k,i~~i,+~+me'xr'' In the Matter of Annexation and Zoning of 116.81 acres from RUT to R-8 (Medium Density Residential) AND Preliminary Plat Approval for 321 single family residential lots and 34 common lots on 116.81 acres by Tuscany Development. Case No(s). AZ-05-064, PP-OS-064 For the City Council Hearing Date of: Apri14, 2006 (approved on Apri125, 2006) A. Findings of Fact 1. Hearing Facts (see attached StafFReport for the hearing date of Apri14, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Apri14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of Apri14, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of Apri14, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-064 and PP-OS-064- PAGE I of 4 C~ • 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 Apri14, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-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 Submitted and REVISED ~, April 18, 2006 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 Apri14, 2006 incorporated by reference; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. Those portions of Lots 112 and 113. Block 5, that are currently encumbered by the NMID easement for the Ridenbauih Canal, shall be made to be in a common lot (the buildable lots shall not be encumbered by the easement.) D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CA5E NO(S). AZ-OS-064 and PP-OS-064- PAGE 2 of 4 • 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 maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 maybe 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 Apri14, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-064 and PP-OS-064- PAGE 3 of 4 • U By action of the City Council at its regular meeting held on the ~ ~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED__~~G°e~ COUNCIL MEMBER JOE BORTON VOTED__~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~',(,G.~ COUNCIL MEMBER KEITH BIRD VOTED__Z~~ TIE BREAKER MAYOR TAMMY de WEERD VOTED ®~ M~~®R° de WEERD tie ~ ~~ _ °~., ®e ~~ 9\ ~ " ~g °9 ATTEST: s°' ~ ~~~~ ~7 s ~'i - ~.., _ ~5,.~ LLIAM G. BERG, JR., R~ ~E o ~a d~ i ® ~ Copy served upon: _~ Applicant ~''l~alPP.~~ „~o~o°a"'~ Planning Department Public Works Department /City Attorney BY~ Dated: ~jQ-Q(p City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-064 and PP-OS-064- PAGE 4 of 4 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 _ ~ STAFF REPORT City Council Hearing t ' {' ~ ~'~' ~. ~ -' w~ Hearing Date: 4/4/2006 (approved 425-06) ~f;~j~j~ aim :~ ~: ~c~.w~ TO: Mayor and City Council '°~-- ~~~. Sv _ ~g FROM: Josh Wilson, Associate City Planner SUBJECT: Bear Creek West Subdivision • AZ-OS-064 Annexation and Zoning of 116.81 acres from RUT and Rl to R-8 zone • PP-OS-064 Preliminary Plat of 320 single family building lots and 34 common lots on 116.81 acres in a proposed R-8 zone • VAR-OS-026 Variance to exceed the maximum block length for Bear Creek West Subdivision 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Tuscany Development, has applied for Annexation and Zoning (AZ) of 116.81 acres from RUT and Rl (Ada County) to R-8 (Medium-Density Residential) and Preliminary Plat approval of 320 single family residential lots and 34 common lots. The site is located west of Stoddard Road, east of Linder Road, and south of Overland Road. This site currently contains vacant land. 2. SiJNIlVIARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on January 19 and February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Becky McKay ii. In opposition: None. iii. Commenting: Don Weber, Neil Bowl, Chuck Rough, James Prather, Allen Bradshaw, Jan Young iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Lot sizes on perimeter of subdivision ii. Impact of subdivision on existing church to the north and vice versa c. Key Commission Changes to Staff Recommendation: i. Delete Condition 3.2 ii. Modify Condition 1.3.6 to reference the Ridenbaugh Canal iii. Incorporate changes from the January 19, 2006 email from Becky McKay to Don Weber (NOTE: The applicant has submitted a revised preliminary plat dated March 2, 2006 which complies with these chaneesl: 1. Move Elias Drive south 10 feet and increase the depth of the lots adjoining the church facility to 150 and 155 feet in depth. 2. Adjust lot lines to reduce the number of lots that adjoin the church parcel from three to two. Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE I CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF APRIL 4, 2006 3. The two lots adjoining the church property will be restricted to single story homes. 4. A two foot berm with a six foot sight obscuring fence will be installed along the north boundary of the Bear Creek West property. 5. The developer will install a landscape buffer on the north side of the two lots which adjoin the church facility. 6. The developer shall disclose in purchase agreements for lots which adjoin the church facility that outdoor activities take place at the church. These activities are approved and pre-existing, and should in no way be considered a nuisance. This language shall also be included in the covenants of the subdivision. d. Outstanding Issue(s) for City Council: i. Block Length Variance: Staff is recommending approval of the subject Variance application (VAR-OS-026) for the reasons listed herein. We fmd that the application meets all of the fmdings required in the UDC in order for the City Council to grant a variance (see analysis below and Exhibit D). 3. PROPOSED MOTIONS Approve (All Applications) I move to approve File Numbers AZ-OS-064, PP-OS-064, and VAR-OS-024 as presented in the staff report for the hearing date of Apri14, 2006, and the preliminary plat dated ~, Aori118.2006 with the following modifications to the conditions of approval: (add any proposed modifications). Deny (All Applications) I move to deny File Numbers AZ-OS-064, PP-OS-064, and VAR-OS-026 as presented in the staff report for the hearing date of Apri14, 2006, and the preliminary plat dated ~, Aoril 18,, 2006 for the following reasons: (you must state specific reasons for denial). Continue (All Applications) I move to continue the public hearing for File Numbers AZ-OS-064, PP-OS-064, and VAR-OS-026 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: West of S. Stoddard Road, east of S. Linder Road, and south of W. Overland Road Wl/2, Section 24, T3N R1W b. Owners: 1. Tuscany Development P.O. Box 344 Meridian, Idaho 83642 2. Kenai Partners, LLC 6223 N. Discovery Way Boise, ID 83713 3. Richard C. and Rebecca Groves Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 6223 N. Discovery Way Boise, ID 83713 4. Nick and Zhana Hansen P.O. Box 140838 Boise, ID 83714 c. Applicant: Tuscany Development P.O. Box 344 Meridian, Idaho 83642 d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: RUT and Rl f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: Date of REVISED Preliminary Plat (attached as Exhibit Al ): 1LQt~re~9A~ April 18, 2006 2. Date of Landscape Plan (attached as Exhibit A2): November 11, 2005 h. Applicant's StatementlJustification (reference submittal material): "It is in the best interest of the City that the property be annexed to the City of Meridian with a zoning of R-8. The project will provide a diversity of housing and lot sizes. The proposed overall net density (3.52) of the project complies with the City's designation of Medium Density Residential, which calls for 3-8 units per acre. The project offers a variety of lot sizes within the development and construction of a portion of the City of Meridian's multi-use pathway system. The project also offers amenities for the neighborhood while still providing an urban density development." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 13 and 27, 2006 d. Radius notices mailed to properties within 300 feet on: March 10, 2006 e. Applicant posted notice on site by: March 25, 2006 6. LAND USE a. Existing Land Use(s): Vacant land and a rural residence b. Description of Character of Surrounding Area: Mostly agricultural land with some rural residences and the existing Bear Creek Subdivision to the east. c. Adjacent Land Use and Zoning Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 3 CITY OF MERIDIAN PL~NG DEPARTMENT STAFF REPORT FOR TH~EARING DATE OF APRIL 4, 2006 1. North: Existing rural residences and agricultural land, zoned RUT and Rl (Ada County) and R-8. 2. East: Existing residences in Bear Creek Subdivision, zoned R-4 and a future middle school site, zoned RUT (Ada County). 3. South: Existing rural residences in Eggers, Model Farm Acres, and Pebble Lane Estates Subdivisions, zoned Rl (Ada County). 4. West: Rural residences in Ariel Estates Subdivision, zoned Rl (Ada County) and agricultural land, zoned RUT (Ada County). d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Currently not serviceable. Will sewer in the future to the Black Cat Trunk. Location of water: There is water in S. Stoddard. Issues or concerns: The need for a second water feed. Not currently serviceable by the City of Meridian's sewer system. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Irrigation: The property is bounded on the south by the Ridenbaugh Canal. 5. Hazards: None. 6. Proposed Zoning: R-8 7. Size of Property: 116.81 acres f. Subdivision Plat Information 1. Residential Lots: 320 2. Non-residential Lots: 1 3. Total Building Lots: 321 4. Common Lots: 34 5. Other Lots: N/A 6. Total Lots: 354 7. Open Lots: 34 8. Residential Area: 116.81 9. Gross Density: 2.74 units per acre g. Landscaping 1. Width of street buffer(s): A 25-foot wide street buffer is required along Linder Road which is an arterial street, and a 20-foot wide street buffer is required along Stoddard Road, which is an urban collector (iJDC 11-2A-5). The applicant is proposing a 35- foot wide landscape buffer along Linder Road and a 30-foot wide landscape buffer Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 along Stoddard Road Road. Staff is generally supportive of the street buffer widths proposed, however the existin home on Linder Road that is to remain must take access from internal streets within the subdivision and a 25-foot street buffer must be provided along Linder Road adjacent to the home Street buffers are not required on any of the internal, local streets. The applicant is proposing to provide a 20-foot street buffer on W. Kodiak Drive, which is consistent with a collector roadway. Staff is supportive of the proposed street section design. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 16.38 acres/14% (including street buffers) and 12.05 acres/10.3% (excluding street buffers). 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2). h. Proposed and Required Non-Residential Setbacks: per the R-8 zone for detached single family R-8 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 4 feet Real' 12 feet Max. Building Height 35 feet Min. Lot Size 5,000 square feet Min. Street Frontage 50 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from Kodiak Drive, with one access point to S. Linder Road and one access point to S. Stoddard Road. The existing access to Linder Road must be eliminated. Please see ACRD report and discussion below for details. 7. COMMENTS MEETING On December 30, 2005 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOAL5 This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain from three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 320 single-family lots on 116.81 acres for a gross density of 2.74 dwelling units/acre. As allowed by Note #2 on the face of the Future Land Use Map, the applicant is requesting a step down in density and zoning desi~ation, from medium to low. A Comprehensive Plan Map amendment is not required for the Citv to process the applicant's request for the R-8 zone for a prop designated for Medium Density Residential use Staff finds that the following Comprehensive Plan policies apply to this application: Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 5 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 YVhen the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • 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 (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 Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • 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 comply with the policies listed in the literature noted above. • 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. A six foot tall closed fence has been proposed around the entire perimeter of the development. Prior to house construction, fencing should be constructed around the perimeter of this site. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connections to adjacent properties and along the Ridenbaugh Canal. • Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 6 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 See above. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. One public street access to Linder Road and one public street access to Stoddard Road are proposed, and staff is recommending that access from the existing home to Linder Road not be allowed. Direct lot access to Linder Road and Stoddard Road should be prohibited by a note on the plat. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Stafffinds that the existing residential properties to the south, east and west are compatible with the proposed development. 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 subject application includes a request for the R-8 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single family developments as a Conditional Use. 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: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single family development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on November 11, 2005 by Gregory Carter, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 7 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~fEARING DATE OF APRIL 4, 2006 removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Special Considerations: Perimeter Sidewalk: A future middle school site is planned to open at the northeast corner of the project on Stoddard Road. At past meetings, the City Council and the public have expressed concerns over the lack of sidewalks adjacent to arterial streets and how difficult it is for children to walk/bike to nearby schools. In light of these concerns, staff recommends that the applicant be required to construct a 5-foot wide detached sidewalk along their frontage of S. Stoddard Road and W. Kodiak Drive, prior to issuance of building permits in the first phase of the development. Development Aareement• UDC 11-SB-3.D.2 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. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive elan desienation and does not ne ativel~pact nearbvproperties Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Citv Attorney Bill Nary at 888-4433 to initiate this rocess within 18 months of Ci Council a royal of the annexation re uest. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That five-foot wide sidewalks and street buffers, constructed in accordance with City Code, be installed along S. Stoddard Road and W. Kodiak Drive with each phase, prior to occupancy of any new dwelling units for said phase. PRELIlVIIPTARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis of facts and findings. Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 8 CITY OF MERIDIAN PL~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 1. Church Use to the North of the Property Staff has been made aware that there is an existing indoor/outdoor church located adjacent to the north property line of the project. The representative of the church is concerned about conflicts between the existing church use and the homes proposed on the north boundary. There is an approved PA system on the church property which may cause conflicts with residential properties which are adjacent. Please reference the letter dated December 12, 2005 from Dana Armstrong to Becky McKay regarding the church's concerns. The Commission and Council should consider public testimony to determine whether the proposal will have detrimental effects on adjacent properties. 2. Street Buffer along Linder Road and Stoddard Road• A 25-foot wide street buffer is required along Linder Road which is an arterial street, and a 20-foot wide street buffer is required along Stoddard Road, which is an urban collector (UDC 11-2A-5). The applicant is proposing a 35-foot wide landscape buffer along Linder Road and a 30-foot wide landscape buffer along Stoddard Road. Staff is generally supportive of the street buffer widths proposed, however the existing home on Linder Road that is to remain must take access from internal streets within the subdivision and a minimum 25-foot street buffer must be provided along Linder Road adjacent to the home Street buffers are not required on any of the internal, local streets. The applicant is proposing to provide a 20-foot street buffer on W. Kodiak Drive, which is consistent with a collector roadway. 3. Landscaping and Onen Snace: Staff is supportive of the proposed landscaping design. The applicant is proposing to set aside 12.05 acres (10.3% of the property), exclusive of required street buffers, for open space. All common lots which are approved as open space, and will function as drainage areas, shall be vegetated and usable by residents. 4. Existing Home to Remain: The existing home to remain on Lot 38, Block 5 shall be required to take access from an internal subdivision street and a note shall be placed on the plat prohibiting direct lot access to Linder Road and Stoddard Road. The applicant should modify the plat to extend W. Bear Creek Ct. to the north to give internal street frontage to Lot 38, Block 5. The landscape plan shall also be modified to reflect Item #2 above. Pressure Irri atg ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface 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 fmal 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. Fencing: The applicant has submitted a detailed fencing plan (on the landscape plan dated November 11, 2005) with the preliminary plat application for the subdivision. Staff is generally supportive of the fencing proposed, with the following changes: UDC- 3A-7 requires that fences adjacent to common open space are restricted to four feet in height if sight obstructing, and six feet in height if open vision. The landscape plan shows 6 foot vinyl fence adjacent to the common open space on Lot 8, Block 14, and Lots 40 and 44, Block 5. The landscape plan shall be amended to comply with UDC 11-3A-7 and Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 9 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 restrict solid fencing adjacent to these lots to four feet prior to submittal of the final plat. All perimeter fencing must be completed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 7. Micro-paths: All micro-paths shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). 8. Common Areas: Maintenance of all common areas shall be the responsibility of the Bear Creek West Home Owners' Association. Ditches, Laterals, and Canals: There are exiting irrigation ditches that run along the perimeter of this property. The Ridenbaugh Canal runs along the southern boundary of this site. Large facilities which would require very large pipe sizes are allowed to remain open and Staff recommends that the City not require the applicant to the the Ridenbaugh Canal abutting this site. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Ridenbaugh Canal, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. VARIANCE ANALYSIS: The applicant has requested a variance to exceed the maximum block length of 750 feet. The applicant has provided for traffic circulation with a street layout that provides adequate stub streets and connections to adjacent properties within the constraints of the Ridenbaugh Canal to the south and existing developed properties to the north. Staff is supportive of the street layout and acknowledges that efforts have been made to connect to adjacent properties wherever feasible. The proposed subdivision increases interconnectivity and reduces traffic conflicts by providing a collector road which connects Linder Road and Stoddard Road. b. Staff Recommendation: The subject property is within the Urban Service Planning Area. The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested annexation and zoning and preliminary plat applications. 11. E~~ITS A. Drawings 1. REVISED Preliminary Plat (dated: March 2, 2006) 2. Landscape Plan (dated: November 11, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE I O CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THARING DATE OF APRIL 4, 2006 D. Required Findings from Zoning Ordinance Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE I I CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 A. Drawings 1. REVISED Prelimixiary Plat (dated: March 2, 2006) (see approved plat dated 4-18-0~ ~ I I Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 i~ff~~g~~llt, ~I ii ~ ~~a~t~-.~~~~~~ i,~~~$~~~'i ~~i~~~a{~~ a ~/ ~~~-- 1 t 1 a 1 1 `-~1 ~ ~~~ ®ooocevaoal ~iloilillBl I iFp BO® ~ - - ~_~' ~' ti ezo~~a~s~ll~ T T T TaT T~ T T ~~l ~~ ®-~~ ea{aai{"l~ 1~ 1 1 1 I I j ~1 ~r ~i~i~~!$$~ r -1- T T -r- ~ ~ Tr 11 1 ,~ ~ ~ ~ ~ ass ~ wit 0 - , 0~ m ~ PLAA&ffAlWFRACI c ® ®n~i~m m! ~ iavm ~oa~m ylv mmor~ ® ~r~~ ~~~ ~s°'v ®emsca e~ni~ao { *aazu®aiwmn.® .~a~~ = ,•~^ dS a°°6:o ® '~d'L`o"'~i. Exhibit A CITY OF MERIDIAN PLAZ~NING DEPARTMENT STAFF REPORT FOR ARING DATE OF APRIL 4, 2006 2. 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Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Ci Attorney, Bill Nary, at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That five-foot wide sidewalks and street buffers, constructed in accordance with City Code, be installed along S. Stoddard Road and W. Kodiak Drive with each phase, prior to occupancy of any new dwelling units for said phase. 1.2 SITE SPECIFIC REQUIltEMENTS-PRELIMINARY PLAT 1.2.1 The REVISED preliminary plat labeled as PP-1 prepared by Engineering Solutions, dated ~ 3, Auril 18.2006 is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-064) shall also be considered conditions of the Preliminary Plat (PP-OS-064). 1.2.2 Maintenance of all common areas shall be the responsibility of the Bear Creek West Subdivision Homeowners' Association. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stonmwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stonmwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 The landscape plan shall be amended to depict fencing adjacent to Lot 8, Block 14 and Lots 40, 44, and 115, Block 5 as a maximum of four feet for solid fencing, in compliance with UDC 11- 3A-7, prior to submittal of the final plat. Exhibit B CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF APRIL 4, 2006 1.2.5 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Ridenbaugh Canal, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 1.2.6 The existing home on Lot 38, Block 5 to remain must eliminate the driveway access to Linder Road and take access from internal streets within the subdivision. A minimum 25-foot street buffer must be provided in a common lot along Linder Road adjacent to the home. 1.2.7 The plat shall be modified to extend W. Bear Creek Ct. to the north and give internal street frontage to Lot 38, Block 5, prior to submittal of the final plat. 1.2.8 Direct lot access to S. Linder Road and S. Stoddard Road is prohibited. A note shall be placed on the final plat restricting access to S. Linder Road and S. Stoddard Road. 1.2.9 Those portions of Lots 112 and 113, Block 5, that are currently encumbered by the N1VIID easement for the Ridenbaugh Canal_ shall be made to be in a common lot (the buildable lots shall not be encumbered by the easement.) 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface 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. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ridenbaugh Canal intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. Exhibit B CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 This development is currently not serviceable by the City of Meridian's sanitary sewer system. This area is master planned to sewer to the Black Cat trunk. The approval of this development is conditional on sewer being available and the City of Meridian does not guarantee service in the timelines outlined in the UDC. 2.2 The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 No "temporary" or "interim" lift-stations shall be allowed in this development. 2.4 Water service to this site is being proposed via extension of mains in S. Stoddard Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Execute standard forms of easements for any mains that are required to provide service. 2.5 This entire development, approximately 321 lots, is being proposed with a single water connection in S. Stoddard Road. In order to achieve redundancy, a second connection to the City of Meridian's water system at the intersection of Liner and Overland shall be required. 2.6 This development is on the edge of proposed pressure zone boundaries. The applicant shall be responsible to install a pressure reducing vault at the connection to the water line in S. Stoddard Road. The pressure reducing vault shall be designed to include communication capabilities that are consistent with the City of Meridian's SCADA system. Coordinate location with Len Grady at the Public Works Department. 2.7 The applicant shall reserve a portion of Lot 44, Block 5 for possible dedication to the City of Meridian for a well site. 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 evidence of a license agreement 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 or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. 2.10 All existing structures not meeting setbacks or zoning ordinance shall be removed prior to signature on the final plat by the City Engineer. 2.11 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. Exhibit B CITY OF MERIDIAN PLING DEPARTMENT STAFF REPORT FOR THARING DATE OF APRIL 4, 2006 2.12 The existing house shall be required to connect to City services. The applicant shall be responsible for the payment of assessments and the actual physical hook-up of the existing house to municipal services. 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 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. 2.15 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. 2.16 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered bac~ll, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 Two-hundred fifty and one hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections andlor fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1. 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. ,• lyin ~trrar+it.~~aritki 1~^~ +~~ « Win' ~~~~~~ ~ ~ g Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 T}t[;c[~-mrar-caarr~,mrantc~h~ill t~~ L.....~a ~t, ~ v~~mxC$9x9a ~p8ex&1 a~~F6~ e 3.3. For all Fire Lanes, provide signage "No Parking Fire Lane". 3.4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %2 the diagonal measurement of the fixll development. 3.8. Building setbacks shall be per the International Building Code for one and two story construction. 3.9. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.11. Provide a Knox box entry system for the complex prior to occupancy. 3.12. The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.13. Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14. Pool chemicals shall be stored in compliance with the International Fire Code. 4. POLICE DEPARTMENT 4.1. The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on W. Kodiak Drive. 4.2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 5.1. Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. Exhibit B CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 5.2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.3. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.4. 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 Trash collection for the existing residence needs to be from a local street, not from a collector or arterial. 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Dedicate 35-feet ofright-of--way from the centerline of Stoddard Road abutting the parcel by means of recordation of a final subdivision plat. The owner will not be compensated for this additional right-of--way because Stoddard Road is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. 2. Dedicate 48-feet ofright-of--way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat. The owner will not be compensated for this additional right-of--way because Linder Road is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. 3. Construct Stoddard Road as one half of a 46-foot street section with vertical curb, gutter and a 5- foot detached (or 7-foot attached) concrete sidewalk. Construct the sidewalk to be located a minimum of 28-feet from the centerline of Stoddard Road. If the sidewalk meanders outside of the right-of--way, provide the District with an easement. 4. Construct a 5-foot concrete sidewalk on Linder Road located a minimum of 41-feet from the centerline of Linder Road. If the sidewalk meanders outside of the right-of--way, provide the District with an easement. 5. Construct Kodiak Drive to intersect Stoddard Road at the north property line in direct alignment with the main entrance to Bear Creek Subdivision located on the east side of Stoddard Road, as proposed. **'~ Kodiak Drive is proposed to be located on the north property line and is proposed to have an island located within the right-of--way. With the island, the sidewalk extends outside of the right-of--way onto the Meridian School District property to the north. The applicant will be required to obtain an easement for the sidewalk that extends outside of the right-of--way. 6. Construct Kodiak Drive to intersect Linder Road approximately 760-feet south of the north property line, as proposed. 7. Construct Kodiak Drive as a 40-foot street section with vertical curb, gutter and a 5-foot detached sidewalk within 54-feet ofright-of--way. Construct the sidewalk is proposed to be detached from the curb with an 8-foot wide landscape planter strip and located within an easement to the District, as proposed. Exhibit B CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~EARING DATE OF APRIL 4, 2006 8. Construct West Eggers Drive as a 29-foot street section with vertical curb, gutter and 5-foot attached concrete sidewalk within 42-feet ofright-of--way. Provide the District with written documentation showing Fire Department approval of the reduced street section. 9. Construct the internal streets as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet ofright-of--way, as proposed. 10. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feet for all of the turnarounds. 11. Construct several islands within the public roadways, as proposed. Construct the islands to be a minimum of 4-feet wide with a minimum area of 100-square feet and provide a minimum of 21- feet on either side of the island. 12. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat will be required to be owned and maintained by a homeowners association. Notes of this will be required on the fmal plat. 13. Construct a southbound left-turn bay on Linder Road at the Linder Road Kodiak Drive intersection. 14. Construct a northbound right-turn bay on Linder Road at the Linder Road Kodiak Drive intersection. 15. Construct a northbound left-turn bay on Stoddard Road at the Stoddard Road and Kodiak Drive intersection. 16. Construct a southbound right-turn bay on Stoddard Road at Kodiak at the Stoddard Road and Kodiak Drive intersection. 17. Other than the access points that have specifically been approved with this application, direct lot access to these roadways are prohibited. A note will be required on the final plat stating this access restriction. 18. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. 5. Comply with the District's Tree Planter Width Interim Policy. Exhibit B CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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. 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 C. Legal Description _.~ ~~ IDAF-IE7 k j SURVEY ` ~ GROUP ~_ Project No. 04-268 DESCRIPTION FOR ANNEXATION BEAR CREEK WEST SUBDMSION i4so EasrvVaceno~ver st iso s"tt~rrd~; t a3~a ~no~s (anal s~-ss~o r~ txoslee9-sus November 15, 2005 A parcel of land located in the W1/2 of Section 24, T.3N., R.1W., B.M., Ada County, Idaho more particularly described as follows: Commencing at an aluminum cap monument marking the 01/4 comer of said Section 24 from which a 5/8° iron pin marking the N1/4 comer of said Section 24 bears North 00°51'53° East, 2634.95 feet; thence along the North-South centerline of said Section 24 South 00°51'53° West, 170.09 feet to a 5/8° iron pin marking the REAL POINT OF BEGINNING; thence continuing along said North-South centerline South 00°51'53° West, 827.30 feet to a 5/8° iron pin; thence leaving said North-South centerline North 89°24`36° West, 661.27 feet to a 5/8° iron pin on the East boundary line of the W1/2 of the NE1/4 of the SW1/4 of said Section 24; thence along said East boundary line South 00°49'26° West, 331.46 feet to a 5/8° iron pin on the South boundary line of the W1/2 of the NE1/4 of the SW1/4 of said Section 24; thence along said South boundary line North 89°21'42° West, 518.26 feet to a point on the northerly boundary line of Eggers Subdivision as filed in Book 29 at Plats at Page 1804, records of Ada Gounty, Idaho, said point also being on the centerline of the Ridenbaugh Canal and on a curve to the left; thence along said northerly boundary line and said centerline the following 14 curses: along said curve 295.77 feet, said curve having a radius of 250.00 feet, a central angle of 67°47'06" and a long chord of 278.82 feet which bears North 29°54'34° West to a point of compound curve; thence along said compound curve 287.11 feeto said curve having a radius cf 7001.00 feet, a central anclic~ !~f ~3°317'00" vnd a bang ehor~J of 235.10 feet ~vhich tears North 75'33'07" West to the paint of tangency; thence North 87°18'07° West, 76.22 feet to the beginning of a curve to the right; S:USG PraJeCl5lGroves MesidFan School Bouuatd®ry (04-268)1Dacum~nlst~ear Creek West knnex Qesadoc Exhibit C CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 ` thence along said curve 100.36 feet, said curve having a radius of 250.00 feet, a . central angle of ~ l0'QO" and a long chord of 99.68 ; t which bears North 75°48'07" West to the point of tangency; thence North 64°18'OT' West, 164.62 feet; thence North 53°38'07° West, 183.05 feet to the beginning of a curve to the left; thence along said curare 104.72 feet, said curve having a radius of 225.00 feet, a central angle of 26°40'00° and a long chord of 103.78 feet which bears North 66°58'07" West to a point of compound curve; thence along said compound curve 128.72 feet, said curve having a radius of 125.00 feet, a central angle of 59°00'00" and a long chord of 123.11 feet which bears North 70°11'53° West to the point of tangency; thence South 40°41'53° West, 127.21 feet to the beginning of a curve to the right; thence along said curve 98.03 feet, said curve having a radius of 50.00 feet, a central angle of 112°20'00° and a long chord of 83.07 feet which bears North 83°08'07° West to a point of compound curve; thence along said compound curve 99.48 feet, said curare having a radius of 300.00 feet, a cents( angle of 19°00'00° and a long chord of 99.03 feet which bears North 17°28'07° West to the point of tangency; thence North 07°58'07° West, 234.45 feet to the beginning of a curve to the left; thence along said curare 32.34 feet, said curve having a radius of 250.00 feet, a central angle of 07°24'45° and a tong chord of 32.32 feet which bears North 11°40'30° West; thence North 89°18'07° West, 126.06 feet to a point on the West boundary line of said Section 24; thence along said West boundary line North 00°41'53" East, 548.41 feet to a 5/8" iron pin marking the W9/4 comer of said Section 24: thence continuing along said West boundary line North 00°41'54° East, 2108.21 feet to a 5/8° iron pin; thence leaving said West boundary line South 52°41`34° East, 201.43 feet to a 5/8" iron pin; thence South 69°16'34" East, 277.88 feet to a 5/8" iron pin; thence South 64°55'34" East, 315.97 feet to a 5/8" iron pin; thence South 6~?'343~" East, 351.fi~ feet tee a ~t0° irun iairt; thence South 77'1fi'3~#" East, 313.83 feet to a 5/8" iron pin on the North-South centerline of the NW1/4 of said Section 24; S:1lSG PraJee~stGroves Meridtan Schaol Boundary (04-268j1DncumentstBear Creek !Nest Mn®a Dess.duc Exhibit C CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~IEARING DATE OF APRIL 4, 2006 thence alo said North-South centerline South ~°46'51" East, 789.08 feet to a 5/8" iron pin; thence leaving said North-South centerline South 30°37'41" East, 510.19 feet to a 5/8" iron pin marking the beginning of a curve to the left; thence along said curve 990.51 feet, said curve having a radius of 970.00 feet, a central angle of 58°30'26" and a long chord of 948.03 feet which bears South 59°52'54° East to a 5/8° iron pin marking the point of tangency; thence South 89°08'07" East, 231.37 feet to the REAL POINT OF BEGINNING containing 117.47 acres, more or less. Prepared by: Idaho Bunted .C. P.L,:3. S~V&G ProjecLvlGrovea Meridian SchGai Bo+~ndary (Q9-2~8)1Dncument~E3eaf Cree& Wept Annex De~c.doc Exhibit C CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE ~ARING DATE OF APRIL 4, 2006 ~~~ - c .Y,a ~~ - - 8 ~ ~~~ ~~ - t ,; ;_. >' J ~~ E !Rr u i _ w- nea r q <, _ _ r _ -s_ _ _ - - ~ - _ - -- ~_, ~ ~n~ .~~ ~, ~ /' qq ~ r aj _~;~ _ ~~,~_, , i - i ,~~ if ~" t' .. > ` \ 4 't `. ~ .. j. . ~ ~' i .'/. i i ~ ~ ~ i /~9 :~~~e~a~g~t ~~ - ~~ -- _ ~ s~6ga~0¢g~9 ~ i ~' ~ ~ al _ ~ cif ' ~ ?a~~a~a~~~9 i~ I - ~f ~ - ~ ; ~~ r -__.--1 _- L__ I- ~ _.._~ ., I ~ ~ T ~ ~~ i ; _~~ i~~l _ ; ! ;__ I_ ~ 1 L--_~ --i ~~~ ~ I~~ - ,, ~ -- _~~ ~ i D ~ s~~ ,~ ~~AS cR~ES sv~r ~ N~l~E~l?1 ~~ 9U13AIVLBI4N fnOL~~~©~ e ~ X s $~,~a r~acevsco v..~~ner~ a7 + m St a ~ ~ ~>. Ate ~ f 'k Exhibit C CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 / ~ ~/ > v -~,i ~ - ..~, ~` 1~ ,i ? ~ r 1 ~~ ~' 1 ~` < -z ~~ w-- ~ - -- - -~r., ~~ - ~ ~~y ~ ~ -~ ~------- ~avaa~ ~ ~nT"'--'--r- ~~ .#~~ ~.'0 alY t~~g ~_ _!~ _~ 1 ~ i F~_ ~$A~ ~~; ((i `~~ i sm®ea c9® ~~ a®y ~ 5~ ~q -_ - _ -- 0 -_._ ~ i ~~ i~ ~~a ~ ~~~ i --- -' i ~ ~ ~ !I i~ ~~~ I ~ ~ __ i ~~© I ~ ~fl~ - -- s c.,s+uo or. ~o ocaora ao-~^~~ _ _ ~sr_ar ~r c-~~ca+-~:a~ra- -- _ ` I ~ rre c*"r..x F .,cy ra 1 -.. - _ .. _ _ _~-1-®9 C+-~-FJ a p - A - _ Q n] T ~ 'i~ ~ ~sn8 ~`RS~ we,~T ~N~dAIEEBIMu Z ''~ SUUDiYL4iON I ~~ ~ ~ ~ a FFC;vuSmat ~Exntu i I a-®~d~~®®f~ Exhibit C CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR ARING DATE OF APRIL 4, 2006 I~ 9 _ ~o ;~ a ~ ~~ _ _ _ _ ~ + II ~~ .. o •v~ I +~ °~ T I v-6 itiy :N2 i ~ j - i , m ~ I ~I a ~ - ~ ~ i d + z~ _ ._ ~. ~ ? ~ I i ~ ~ ,, ~._-~ ~i ~ ~ i~ ~ _ ~ -~.~ __7-- ~ 1 ~~ - . `. +' 1 I 1 11 4 _ ~ ,I ~ ~ ~ I ~ ~ ~ ~ ` ~~~ ~ I ~ !~ ~ --- ~ ~ _-~=_ - ~'__-~ - _.~_ _~ ~ ' ~ _ _ ~ ~ ~~i ~~ _ i, i I ~ ~ _~ >-~ "', ALT%` h'am` ~ f - ~ ~. ~ r L: i ~- _ i F- 1 ~ ~ ~• ~~ ~ ~~~~~~~ Pia ~.~ * ~ ~ ~~.' C - ' ~ ~ I ' ~ __ .~ ~ ~ 1 ~ .~, ---- - - - _ t 1~ t, ~ f ~; 1~/ ~ ~ a if~l i li ~ f ~,~~~L~~1~1L~~~~ ` = ~ --__-_ I ~ ~) ~ ~ ~ ~--~; ~ L- L? ~~ ~- F - - 1 ~ ~ {' + -1 •~~ - - 'I j+;~~i~ 1'.7:~_I~~~'`~'~r~`i5~_1~~ _~~ -III I i r ~-_,__- _ ti ~a, 'r~~ ~ I ~I ~ Y ~ ~ ~~ ~+~ ~ ~----- Ii~I ,,' ' s ~~ ~~ ~ r ~'+~_-_ _ b ~ - ! ~ ~~ i .~ .I I i + .~~~r fir ~r I~ 4- f a ; 1 T+ r-! I +; ! f 1 - ~~- - _ ;~~ ~ ~ _ ~ ~~~ l~ .~ ~ ,_ ; _ -- --- _- -_ ~ _ - _ -- - --- -1 - ~ i ! ~ + _ I ~ _ _ I -r ~,~ - - r~ ~ ~~~ a" Exhibit C CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 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 R-8. 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. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council fords that single family detached residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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, Staff 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 (iJDC 11-SB-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. City Council fords that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zonine of this property to R-8 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: 1. The plat is in conformance with the Comprehensive Plan; City Council fords that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Staff generally supports the proposed plat layout and Exhibit D CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council fords that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff fords that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; See fording "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail. 4. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. 5. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Therefore, City 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. 3. Variance Findings The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: City Council fords that the granting of a variance to the property would not grant a right or privilege that is not otherwise allowed in the district. As noted above, staff finds that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners, or the applicant. Based on the nature and location of stub streets within the adjacent development, staff finds that strict compliance would be unreasonable and granting the variance would not result in inhibiting the objectives of the UDC. 2. The variance relieves an undue hardship because of characteristics of the site; Exhibit D CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 The applicant has provided for traffic circulation with a street layout that provides adequate stub streets and connections to adjacent properties within the constraints of the Ridenbaugh Canal to the south and existing developed properties to the north. City Council is supportive of the street layout and acknowledges that efforts have been made to connect to adjacent properties wherever feasible. 3. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that approving the variance to the maximum block length would not be detrimental to the public health, safety, and/or welfare. The proposed subdivision increases interconnectivity and reduces traffic conflicts by providing a collector road which connects Linder Road and Stoddard Road. Exhibit D CJ May 5, 2006 MERIDIAN CITY COUNCIL MEETING PP 05-064 May 9, 2006 APPLICANT Tuscany Development, Inc. ITEM NO 5-E REQUEST Findings for Approval -Request for Preliminary Plat approval of 321 building lots and 34 common lots on 116.81 acres in a proposed R-8 zone for Bear Creek West Subdivision -south of W. Overland Rd & west of S. Stoddard AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See aFfached Flndings ~~ ~( Contacted: ~~CKy I~IC~'Ay Date: ~_~_~,~ Phone: ~3~- ~~I~Sb Emailed: ~__q~,.~~~w., D~,PC~_ rlr 1 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 ~ ~~~~ ~ MAY 0 5 2006 f tarty f eridi a '~_ lerk ~~ce ~, _l ,~,o '°•,. ~, ~ 44: ~~'~ t,. F L',a In the Matter of Annexation and Zoning of 116.81 acres from RUT to R-8 (Medium Density Residential) AND Preliminary Plat Approval for 321 single family residential lots and 34 common lots on 116.81 acres by Tuscany Development. Case No(s). AZ-OS-064, PP-05-064 For the City Council Hearing Date of: Apri14, 2006 (approved on Apri125, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Apri14, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Apri14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of Apri14, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of Apri14, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes jµdicial 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-OS-064 and PP-OS-064- PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of Apri14, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-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 Submitted and REVISED ~, Apri118, 2006 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 Apri14, 2006 incorporated by reference; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. Those portions of Lots 112 and 113 Block 5 that are currently encumbered by the NNE easement for the Ridenbaueh Canal shall be made to be in a common lot (the buildable lots shall not be encumbered by the easement 1 D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-064 and PP-OS-064- PAGE 2 of 4 • 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 maybe 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 Apri14, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-064 and PP-OS-064- PAGE 3 of 4 • By action of the City Council at its regular meeting held on the ~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_ '~~~w COUNCIL MEMBER JOE BORTON VOTED__~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ (~~.l~ COUNCIL MEMBER KEITH BIRD VOTED_ `~~~LV TIE BREAKER ~_ MAYOR TAMMY de WEERD VOTED ATTEST: G. Copy served upon: ~~' MA~~ ° aa~e WEERD ®°e ~ ,~~.. , F~ ~` P~9 ~a``\ ~ ~ os~s ~y e }n ~~ p/1.~.~~1a~c+ JR, ~/C CL~~ ~ yq( P ~ r \` ~" t` ~`p~~'~raieroeaaa eased°~'$~e``e Applicant ~ Planning Department /Public Works Department /City Attorney B Dated:- ~ ~ `~lp City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-064 and PP-OS-064- PAGE 4 of 4 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 B P + - tT ~4' 9 STAFF REPORT City Council Hearing ®,~~ ~ ~+° ~»,~` ~' # ~' " ~ t Hearing Date: 4/4/2006 (approved 425-06) ~~.~' Y L~,~~~1 ~~E '~' 4 If3.iFidA ~'~ TO: Mayor and City Council ''M~, ~, >~,.`,. . FROM: Josh Wilson, Associate City Planner "'-~~ 7~=~~=`~"'~'~` ,~~ SUBJECT: Bear Creek West Subdivision • AZ-OS-064 Annexation and Zoning of 116.81 acres from RUT and Rl to R-8 zone • PP-OS-064 Preliminary Plat of 320 single family building lots and 34 common lots on 116.81 acres in a proposed R-8 zone • VAR-OS-026 Variance to exceed the maximum block length for Bear Creek West Subdivision 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Tuscany Development, has applied for Annexation and Zoning (AZ) of 116.81 acres from RUT and Rl (Ada County) to R-8 (Medium-Density Residential) and Preliminary Plat approval of 320 single family residential lots and 34 common lots. The site is located west of Stoddard Road, east of Linder Road, and south of Overland Road. This site currently contains vacant land. 2. SIJNIIVIARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on January 19 and February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Becky McKay ii. In opposition: None. iii. Commenting: Don Weber, Neil Bowl, Chuck Rough, James Prather, Allen Bradshaw, Jan Young iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Lot sizes on perimeter of subdivision ii. Impact of subdivision on existing church to the north and vice versa c. Key Commission Changes to Staff Recommendation: ' i. Delete Condition 3.2 ii. Modify Condition 1.3.6 to reference the Ridenbaugh Canal iii. Incorporate changes from the January 19, 2006 email from Becky McKay to Don Weber (NOTE: The applicant has submitted a revised preliminaryplat dated March 2, 2006 which complies with these changes): 1. Move Elias Drive south 10 feet and increase the depth of the lots adjoining the church facility to 150 and 155 feet in depth. 2. Adjust lot lines to reduce the number of lots that adjoin the church parcel from three to two. Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 1 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF APRIL 4, 2006 3. The two lots adjoining the church property will be restricted to single story homes. 4. A two foot berm with a six foot sight obscuring fence will be installed along the north boundary of the Bear Creek West property. 5. The developer will install a landscape buffer on the north side of the two lots which adjoin the church facility. 6. The developer shall disclose in purchase agreements for lots which adjoin the church facility that outdoor activities take place at the church. These activities are approved and pre-existing, and should in no way be considered a nuisance. This language shall also be included in the covenants of the subdivision. d. Outstanding Issue(s) for City Council: i. Block Length Variance: Staff is recommending approval of the subject Variance application (VAR-OS-026) for the reasons listed herein. We fmd that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see analysis below and Exhibit D). 3. PROPOSED MOTIONS Approve (All Applications) I move to approve File Numbers AZ-OS-064, PP-OS-064, and VAR-OS-024 as presented in the staff report for the hearing date of April 4, 2006, and the preliminary plat dated 2, Auri118, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Deny (All Applications) I move to deny File Numbers AZ-OS-064, PP-OS-064, and VAR-OS-026 as presented in the staff report for the hearing date of Apri14, 2006, and the preliminary plat dated ~, April 18.. 2006 for the following reasons: (you must state specific reasons for denial). Continue (All Applications) I move to continue the public hearing for File Numbers AZ-OS-064, PP-OS-064, and VAR-OS-026 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: West of S. Stoddard Road, east of S. Linder Road, and south of W. Overland Road Wl/2, Section 24, T3N R1W b. Owners: 1. Tuscany Development P.O. Box 344 Meridian, Idaho 83642 2. Kenai Partners, LLC 6223 N. Discovery Way Boise, ID 83713 3. Richard C. and Rebecca. Groves Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 2 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF APRIL 4, 2006 6223 N. Discovery Way Boise, ID 83713 4. Nick and Zhana Hansen P.O. Box 140838 Boise, ID 83714 c. Applicant: Tuscany Development P.O. Box 344 Meridian, Idaho 83642 d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: RUT and Rl f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of REVISED Preliminary Plat (attached as Exhibit Al): 11~~~A6 April 18,2006 2. Date of Landscape Plan (attached as Exhibit A2): November 11, 2005 h. Applicant's Statement/Justification (reference submittal material): "It is in the best interest of the City that the property be annexed to the City of Meridian with a zoning of R-8. The project will provide a diversity of housing and lot sizes. The proposed overall net density (3.52) of the project complies with the City's designation of Medium Density Residential, which calls for 3-8 units per acre. The project offers a variety of lot sizes within the development and construction of a portion of the City of Meridian's multi-use pathway system. The project also offers amenities for the neighborhood while still providing an urban density development." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 13 and 27, 2006 d. Radius notices mailed to properties within 300 feet on: March 10, 2006 e. Applicant posted notice on site by: March 25, 2006 6. LAND USE a. Existing Land Use(s): Vacant land and a rural residence b. Description of Character of Surrounding Area: Mostly agricultural land with some rural residences and the existing Bear Creek Subdivision to the east. c. Adjacent Land Use and Zoning Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 3 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF APRIL 4, 2006 1. North: Existing rural residences and agricultural land, zoned RUT and Rl (Ada County) and R-8. 2. East: Existing residences in Bear Creek Subdivision, zoned R-4 and a future middle school site, zoned RUT (Ada County). 3. South: Existing rural residences in Eggers, Model Farm Acres, and Pebble Lane Estates Subdivisions, zoned Rl (Ada County). 4. West: Rural residences in Ariel Estates Subdivision, zoned Rl (Ada County) and agricultural land, zoned RUT (Ada County). d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Currently not serviceable. Will sewer in the future to the Black Cat Trunk. Location of water: There is water in S. Stoddard. Issues or concerns: The need for a second water feed. Not currently serviceable by the City of Meridian's sewer system. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Irrigation: The property is bounded on the south by the Ridenbaugh Canal. 5. Hazards: None. 6. Proposed Zoning: R-8 7. Size of Property: 116.81 acres f. Subdivision Plat Information 1. Residential Lots: 320 2. Non-residential Lots: 1 3. Total Building Lots: 321 4. Common Lots: 34 S. Other Lots: N/A 6. Total Lots: 354 7. Open Lots: 34 8. Residential Area: 116.81 9. Gross Density: 2.74 units per acre g. Landscaping 1. Width of street buffer(s): A 25-foot wide street buffer is required along Linder Road which is an arterial street, and a 20-foot wide street buffer is required along Stoddard Road, which is an urban collector (UDC 11-2A-5). The applicant is proposing a 35- foot wide landscape buffer along Linder Road and a 30-foot wide landscape buffer Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 4 CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF APRIL 4 2006 along Stoddard Road Road. Staff is generally supportive of the street buffer widths proposed, however the existine home on Linder Road that is to remain must take access from internal streets within the subdivision and a 25-foot street buffer must be provided alone Linder Road adjacent to the home Street buffers are not required on any of the internal, local streets. The applicant is proposing to provide a 20-foot street buffer on W. Kodiak Drive, which is consistent with a collector roadway. Staff is supportive of the proposed street section design. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 16.38 acres/14% (including street buffers) and 12.05 acres/10.3% (excluding street buffers). 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2). h. Proposed and Required Non-Residential Setbacks: per the R-8 zone for detached single family R-8 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 4 feet Rear 12 feet Max. Building Height 35 feet Min. Lot Size 5,000 square feet Min. Street Frontage 50 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from Kodiak Drive, with one access point to S. Linder Road and one access point to S. Stoddard Road. The existing access to Linder Road must be eliminated. Please see ACHD report and discussion below for details. 7. COMMENTS MEETING On December 30, 2005 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain from three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 320 single-family lots on 116.81 acres for a gross density of 2.74 dwelling units/acre. As allowed by Note #2 on the face of the Future Land Use Man, the applicant is reauestin a step down in density and zonine desienation from medium to low. A Comprehensive Plan Man amendment is not required for the Citv to process the applicant's request for the R-8 zone for a property designated for Medium Density Residential use Staff finds that the following Comprehensive Plan policies apply to this application: Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 5 CITY OF MERIDIAN PLAIQNING DEPARTMENT STAFF REPORT FOR THETiEARING DATE OF APRIL 4, 2006 When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • 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. • 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 comply with the policies listed in the literature noted above. • 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. A six foot tall closed fence has been proposed around the entire perimeter of the development. Prior to house construction, fencing should be constructed around the perimeter of this site. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connections to adjacent properties and along the Ridenbaugh Canal. • Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 6 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~-IEARING DATE OF APRIL 4, 2006 See above. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. One public street access to Linder Road and one public sheet access to Stoddard Road are proposed, and staff is recommending that access from the existing home to Linder Road not be allowed. Direct lot access to Linder Road and Stoddard Road should be prohibited by a note on the plat. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the existing residential properties to the south, east and west are compatible with the proposed development. 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 subject application includes a request for the R-8 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single family developments as a Conditional Use. 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: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single family development. Please see Exhibit D for detailed analysis of facts and fmdings. The annexation legal description submitted with the application (prepared on November 11, 2005 by Gregory Carter, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 7 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. ~ecial Considerations: Perimeter Sidewalk: A future middle school site is planned to open at the northeast corner of the project on Stoddard Road. At past meetings, the City Council and the public have expressed concerns over the lack of sidewalks adjacent to arterial streets and how difficult it is for children to walk/bike to nearby schools. In light of these concerns, staff recommends that the applicant be required to construct a 5-foot wide detached sidewalk along their frontage of S. Stoddard Road and W. Kodiak Drive, prior to issuance of building permits in the first phase of the development. Development Agreement: UDC 11-SB-3.D.2 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. Staff believes that a DA is necessary to ensure that this nro~erty is developed in a fashion that is consistent with the comprehensive Alan designation and does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That five-foot wide sidewalks and street buffers, constructed in accordance with City Code, be installed along S. Stoddard Road and W. Kodiak Drive with each phase, prior to occupancy of any new dwelling units for said phase. PRELIlVI~TARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis of facts and findings. Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 8 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~EARING DATE OF APRIL 4, 2006 Church Use to the North of the Property Staff has been made aware that there is an existing indoor/outdoor church located adjacent to the north property line of the project. The representative of the church is concerned about conflicts between the existing church use and the homes proposed on the north boundary. There is an approved PA system on the church property which may cause conflicts with residential properties which are adjacent. Please reference the letter dated December 12, 2005 from Dana Armstrong to Becky McKay regarding the church's concerns. The Commission and Council should consider public testimony to determine whether the proposal will have detrimental effects on adjacent properties. 2. Street Buffer along Linder Road and Stoddard Road: A 25-foot wide street buffer is required along Linder Road which is an arterial street, and a 20-foot wide street buffer is required along Stoddazd Road, which is an urban collector (iJDC 11-2A-5). The applicant is proposing a 35-foot wide landscape buffer along Linder Road and a 30-foot wide landscape buffer along Stoddard Road. Staff is generally supportive of the street buffer widths proposed, however the existing home on Linder Road that is to remain must take access from internal streets within the subdivision and a minimum 25-foot street buffer must be provided along Linder Road adjacent to the home. Street buffers are not required on any of the internal, local streets. The applicant is proposing to provide a 20-foot street buffer on W. Kodiak Drive, which is consistent with a collector roadway. 3. Landscaping and Open Space: Staff is supportive of the proposed landscaping design. The applicant is proposing to set aside 12.05 acres (10.3% of the property), exclusive of required street buffers, for open space. All common lots which aze approved as open space, and will function as drainage azeas, shall be vegetated and usable by residents. 4. Existing Home to Remain: The existing home to remain on Lot 38, Block 5 shall be required to take access from an internal subdivision street and a note shall be placed on the plat prohibiting direct lot access to Linder Road and Stoddard Road. The applicant should modify the plat to extend W. Beaz Creek Ct. to the north to give internal street frontage to Lot 38, Block 5. The landscape plan shall also be modified to reflect Item #2 above. 5. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to 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. 6. Fencing: The applicant has submitted a detailed fencing plan (on the landscape plan dated November 11, 2005) with the preliminary plat application for the subdivision. Staff is generally supportive of the fencing proposed, with the following changes: UDC- 3A-7 requires that fences adjacent to common open space are restricted to four feet in height if sight obstructing, and six feet in height if open vision. The landscape plan shows 6 foot vinyl fence adjacent to the common open space on Lot 8, Block 14, and Lots 40 and 44, Block 5. The landscape plan shall be amended to comply with UDC 11-3A-7 and Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 9 CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR TH• ARING DATE OF APRIL 4, 2006 restrict solid fencing adjacent to these lots to four feet prior to submittal of the final plat. All perimeter fencing must be completed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 7. Micro~aths: All micro-paths shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). 8. Common Areas: Maintenance of all common areas shall be the responsibility of the Bear Creek West Home Owners' Association. 9. Ditches. Laterals, and Canals: There are exiting irrigation ditches that run along the perimeter of this property. The Ridenbaugh Canal runs along the southern boundary of this site. Large facilities which would require very large pipe sizes are allowed to remain open and Staff recommends that the City not require the applicant to the the Ridenbaugh Canal abutting this site. Per UDC 11-3A-6 all imgation ditches, laterals or canals, exclusive of natural waterways, the Ridenbaugh Canal, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. VARIANCE ANALYSIS: The applicant has requested a variance to exceed the maximum block length of 750 feet. The applicant has provided for traffic circulation with a street layout that provides adequate stub streets and connections to adjacent properties within the constraints of the Ridenbaugh Canal to the south and existing developed properties to the north. Staff is supportive of the street layout and acknowledges that efforts have been made to connect to adjacent properties wherever feasible. The proposed subdivision increases interconnectivity and reduces traffic conflicts by providing a collector road which connects Linder Road and Stoddard Road. b. Staff Recommendation: The subject property is within the Urban Service Planning Area. The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested annexation and zoning and preliminary plat applications. 11. EXHIBITS A. Drawings 1. REVISED Preliminary Plat (dated: March 2, 2006) 2. Landscape Plan (dated: November 11, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 10 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 D. Required Findings from Zoning Ordinance Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 11 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 A. Drawings 1. REVISED Preliminary Plat (dated: March 2, 2006) (see approved Alat dated 4-18-061 ~- ~ .~~~ ~j ~ ~, _. ~~ µ I T T ~- -~- T T l r -r-~ - - 44 ~ 6 a p i ~ BbA$ ~ WFB'P ~ r `°a w ~ WNi~FAlpQAnACr ~~ saF ~' mg : ~ ~iKiAYRAT ®am e p~s • gym. mmar.d emo s•®® •en® is ~'a °i °mu '~E~`~'m'S ~QC/Ot RII Ip AS®1!I ~i YL6 ~\YmG® ° i°~~j~ms ~ eJ~ p ~yy ~ M1. WD _ ~9~~ °°mots ~nAtgie~~1 ~~iY~m `sue Exhibit A ~ I i CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 Exhibit A CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE• ARING DATE OF APRIL 4, 2006 2. 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Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Ci Attorney, Bill Nary, at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That five-foot wide sidewalks and street buffers, constructed in accordance with City Code, be installed along S. Stoddard Road and W. Kodiak Drive with each phase, prior to occupancy of any new dwelling units for said phase. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The REVISED preliminary plat labeled as PP-1 prepared by Engineering Solutions, dated ~ ~, Auril 18. 2006 is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-064) shall also be considered conditions of the Prelimixiary Plat (PP-OS-064). 1.2.2 Maintenance of all common areas shall be the responsibility of the Bear Creek West Subdivision Homeowners' Association. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 The landscape plan shall be amended to depict fencing adjacent to Lot 8, Block 14 and Lots 40, 44, and 115, Block 5 as a maximum of four feet for solid fencing, in compliance with UDC 11- 3A-7, prior to submittal of the final plat. Exhibit B CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4 2006 1.2.5 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Ridenbaugh Canal, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 1.2.6 The existing home on Lot 38, Block 5 to remain must eliminate the driveway access to Linder Road and take access from internal streets within the subdivision. A minimum 25-foot street buffer must be provided in a common lot along Linder Road adjacent to the home. 1.2.7 The plat shall be modified to extend W. Bear Creek Ct. to the north and give internal street frontage to Lot 38, Block 5, prior to submittal of the final plat. 1.2.8 Direct lot access to S. Linder Road and S. Stoddard Road is prohibited. A note shall be placed on the final plat restricting access to S. Linder Road and S. Stoddard Road. 1.2.9 Those uortions of Lots 112 and 113 Block 5 that are currently encumbered by the NMID easement for the Ridenbau~h Canal shall be made to be iin a common lot (the buildable lots shall not be encumbered by the easement 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface 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. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ridenbau Canal intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. Exhibit B CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~EARING DATE OF APRIL 4, 2006 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT Z.1 This development is currently not serviceable by the City of Meridian's sanitary sewer system. This area is master planned to sewer to the Black Cat trunk. The approval of this development is conditional on sewer being available and the City of Meridian does not guarantee service in the timelines outlined in the UDC. 2.2 The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 No "temporary" or "interim" lift-stations shall be allowed in this development. 2.4 Water service to this site is being proposed via extension of mains in S. Stoddard Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Execute standard forms of easements for any mains that are required to provide service. 2.5 This entire development, approximately 321 lots, is being proposed with a single water connection in S. Stoddard Road. In order to achieve redundancy, a second connection to the City of Meridian's water system at the intersection of Liner and Overland shall be required. 2.6 This development is on the edge of proposed pressure zone boundaries. The applicant shall be responsible to install a pressure reducing vault at the connection to the water line in S. Stoddard Road. The pressure reducing vault shall be designed to include communication capabilities that are consistent with the City of Meridian's SCADA system. Coordinate location with Len Grady at the Public Works Department. 2.7 The applicant shall reserve a portion of Lot 44, Block 5 for possible dedication to the City of Meridian for a well site. 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 evidence of a license agreement 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 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. 2.10 All existing structures not meeting setbacks or zoning ordinance shall be removed prior to signature on the final plat by the City Engineer. 2.11 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. Exhibit B CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF APRIL 4, 2006 2.1 Z The existing house shall be required to connect to City services. The applicant shall be responsible for the payment of assessments and the actual physical hook-up of the existing house to municipal services. 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 maybe used for non- domestic purposes such as landscape irrigation. 2.14 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. 2.15 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. 2.16 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 Two-hundred fifty and one hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 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. ~• Exhibit B CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 X5;808-~: 3.3. For all Fire Lanes, provide signage "No Parking Fire Lane". 3.4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %z the diagonal measurement of the full development. 3.8. Building setbacks shall be per the International Building Code for one and two story construction. 3.9. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.11. Provide a Knox box entry system for the complex prior to occupancy. 3.12. The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.13. Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14. Pool chemicals shall be stored in compliance with the International Fire Code. 4. POLICE DEPARTMENT 4.1. The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on W. Kodiak Drive. 4.2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 5.1. Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. Exhibit B CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 5.2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.3. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.4.5tandard 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 Trash collection for the existing residence needs to be from a local street, not from a collector or arterial. 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions ofAppYOVaI 1. Dedicate 35-feet ofright-of--way from the centerline of Stoddard Road abutting the parcel by means of recordation of a final subdivision plat. The owner will not be compensated for this additional right-of--way because Stoddard Road is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. 2. Dedicate 48-feet ofright-of--way from the centerline of Linder Road abutting the parcel by means of recordation of a fmal subdivision plat. The owner will not be compensated for this additional right-of--way because Linder Road is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. 3. Construct Stoddard Road as one half of a 46-foot street section with vertical curb, gutter and a 5- foot detached (or 7-foot attached) concrete sidewalk. Construct the sidewalk to be located a minimum of 28-feet from the centerline of Stoddard Road. If the sidewalk meanders outside of the right-of--way, provide the District with an easement. 4. Construct a 5-foot concrete sidewalk on Linder Road located a minimum of 41-feet from the centerline of Linder Road. If the sidewalk meanders outside of the right-of--way, provide the District with an easement. 5. Construct Kodiak Drive to intersect Stoddard Road at the north property line in direct alignment with the main entrance to Bear Creek Subdivision located on the east side of Stoddard Road, as proposed. *** Kodiak Drive is proposed to be located on the north property line and is proposed to have an island located within the right-of--way. With the island, the sidewalk extends outside of the right-of--way onto the Meridian School District property to the north. The applicant will be required to obtain an easement for the sidewalk that extends outside of the right-of--way. 6. Construct Kodiak Drive to intersect Linder Road approximately 760-feet south of the north property line, as proposed. 7. Construct Kodiak Drive as a 40-foot street section with vertical curb, gutter and a 5-foot detached sidewalk within 54-feet ofright-of--way. Construct the sidewalk is proposed to be detached from the curb with an 8-foot wide landscape planter strip and located within an easement to the District, as proposed. Exhibit B CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 8. Construct West Eggers Drive as a 29-foot street section with vertical curb, gutter and 5-foot attached concrete sidewalk within 42-feet ofright-of--way. Provide the District with written documentation showing Fire Department approval of the reduced street section. Construct the internal streets as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet ofright-of--way, as proposed. 10. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feet for all of the turnarounds. 11. Construct several islands within the public roadways, as proposed. Construct the islands to be a minimum of 4-feet wide with a minimum area of 100-square feet and provide a minimum of 21- feet on either side of the island. 12. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat will be required to be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 13. Construct a southbound left-turn bay on Linder Road at the Linder Road Kodiak Drive intersection. 14. Construct a northbound right-turn bay on Linder Road at the Lander Road Kodiak Drive intersection. 15. Construct a northbound left-turn bay on Stoddard Road at the Stoddard Road and Kodiak Drive intersection. 16. Construct a southbound right-turn bay on Stoddard Road at Kodiak at the Stoddard Road and Kodiak Drive intersection. 17. Other than the access points that have specifically been approved with this application, direct lot access to these roadways are prohibited. A note will be required on the final plat stating this access restriction. 18. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. 5. Comply with the District's Tree Planter Width Interim Policy. Exhibit B CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4 2006 6. Utility street cuts in pavement less than five years old aze not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze and certify all improvement plans. 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. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to Distract approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 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 ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spaze or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they aze 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. 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. Exhibit B CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~fEARING DATE OF APRIL 4, 2006 C. Legal Description w~,~ ~ ID~4H0 ±;F SURVEY GROUP Project No. Q4-268 DESCRIPTION FOR ANNEXATION BEAR CREEK WEST 3UBDNISION (aso Eastvvacerw~,er sL sux~ (so tn-,, t~ a~r~a Phony fzae} aqs-ssm r-~ (sae) es4<sass November 15, 2005 A parcel of land located in the W1/2 of Section 24, T.3N., R.1W., B.M., Ada County, Idaho more particularly described as follows: Commencing at an aluminum cep monument marking the C1/4 comer of said Section 24 from which a 518° iron pin marking the N1/4 comer of said Section 24 bear; North 00°51'53° East, 2634.95 feet; thence along the North-South centerline of said Section 24 South 00°51'53" West, 170.09 feet to a 5/8"iron pin marking the REAL POINT OF BEGINNING; thence continuing along said North-South centerline South 00°51'53° West, 827.30 feet to a 5/8° iron pin; thence leaving said North-South centerline North 89°24'36° West, 661.27 feet to a 5/8° iron pin on the East boundary line of the W1J2 of the NE1/4 of the SW1/4 of said Section 24; thence along said East boundary tine South 00°49'26" West, 331.46 feet to a 518" iron pin on the South boundary line of the W1/2 of the NE1/4 of the SWi/4 of said Section 24; thence along said South boundary line North 89°21'42" West, 518.26 feet to a point on the northerly boundary line of Eggers Subdivision as filed in Book 29 at Plats at Page 1804, records of Ada County, Idaho, said point also being on the centerline of the Ridenbaugh Canal and on a curve to the left; thence along said northerly boundary line and said centerline the following 14 courses: along said curve 295.77 feet, said curve having a radius of 250.00 feet, a central angle of 67°47'06° and`a long chord of 278.82 feet which bears North 29°54'34" West to a point of compound curve; thence along said comp®und curve 287.11 feet, said eurve havingg a radius of 700.00 feet, a central angle of 23'3U'OO" and a I~~ng chord of 285.10 feefi which bears North 75"33"07"' West to the point of tangency; thence North 87°18'07" West, 76.22 feet to the beginning of a curve to the right; S:llSG Proja~slGroves Meridian Sdiao! Boundary (Q4-2ji8)19owmanislSear Creak West Annex Qese.doc Exhibit C CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 thence along said curve 100.36 feet, said curve having a radius of 250.00 feet, a central angle of ~ )0'00° and a long chord of 99.68 t which bears North 75°48'07" West to the point of tangency; thence North 64°18'OT West, 164.62 feet; thence North 53°38'07° West, 183.05 feet to the beginning of a curve to the left; thence along said curve 104.72 feet, said canoe having a radius of 225.00 feet, a central angle of 26°40'00° and a long chord of 103.78 feet which bears North 66°58'07° West to a point of compound curo®; thence along said compound curve 128.72 feet, said curve having a radius of 125.00 feet, a central angle of 59°00'00° and a tong chord of 123.11 feet which bears North 70°11'53° West to the point of tangency; thence South 40°41'53° West, 127.21 feet to the beginning of a curve to the right; thence along said curve 98.03 feet, said curve having a radius of 50.00 feet, a central angle of 112°20'00° and a long chord of 83.07 feet which bears North 83°08'07° West to a point of compound curve; thence along said compound curve 99.48 feet, said curve having a radius of 300.00 feet, a central angle of 19°00'00° and a long chord of 99.03 feet which bean; North 17°28'07" West to the point of tangency; thence North 07°58°07° West, 234.45 feet to the beginning of a curve to the left; thence along said cones 32.34 feet, said curve having a radius of 250.00 feet, a central angle of 07°24'45° and a tong chord of 32.32 feet which bears North 11°40'30" West; thence North 89°18'07° West, 126.06 feet to a point on the West boundary line of said Section 24; thence along said West boundary line North 00°41'53" East, 548.41 feet to a 5!8" iron pin marking the W1/4 comer of said Section 24; thence continuing along said West boundary line North 00°41'54" East, 2108.21 feet to a 518° iron pln; thence leaving said West boundary line South 52°41'34" East, 201.43 feet to a 5/8" iron pin; thence South 69°16'34" East, 277.88 feet to a 5/8" iron pin; thence South 6g°55'34" East, 315.97 feet to a 5/8" iron pin; thenr_:e South Fj0°34'34" East. ti3 1 89 fleet try ~ ~!8" irr~n Fein; thence South 77°18'31" East, 313.83 feet to a 5/8" iron pin on the North-South centerline of the NW 1/4 of said Section 24; S:F9SC; ProJet~56Graves Meridian SchaN Boundary (Qd-26i7)l0acumen~l9ear creek West Annex ~esc d~ Exhibit C CITY OF MERIDIAN PL • G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4 2006 thence alo said North-South centerline South, ~°46'51" East, 789.08 feet to a 5/8" iron pin; thence leaving said North-South centerline South 30°3i '41" East, 510.19 feet to a 5/8" iron pin marking the beginning of a curve to the left; thence along said curve 990.51 feet, said curve having a radius of 970.00 feet, a central angle of 58°30'26° and a long chord of 948.03 feet which bears South 59°52'54° East to a 5/8° iron pin marking the point of tangency; thence South 89°08'07" East, 231.37 feet to the REAL POINT OF BEGINNING containing 117.47 acres, more or less. Prepared by: Idaho Suncay Gregory P.C. P.L:s. S~tISG ProjetL3tGr®ves (47~rddian SchoQf 8aundary tQ4-268)1Dncurr~~nLStiAe3r Crea~cWest Annex ®esr,,~1a, Exhibit C • o CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 f i i r I ~^ I i I F p crna ~~*~ ~ f t ~ ~ e ~ ~~ l a f u ~ ~ '' __ F;~ fl: ``~ ~9/ ^ e~ 1 'pn S~ ~ t ~ _ ,1 _ _ i' ,xl~v r J , r , _ ~ T. ~`. 1 _ f` - ` I C ( ~ ~ _~ /~ /^ ` ~~ ' 'y` i /' _ t - 1 r ~I \ '`. r. ~ '' `~~ 1 /lI v ~ "~- i i_ .__ ~ ~ ~PEC~EItE9! ~~ ,'~ _ ' ~ egdQeage~~a I~ ~ - i,~ ~ - r; ~~ I a ~ ~ ; ~ ; ~~ ', • ~ '' ;~ ~- _ _ ~; - -" a- ~ _ _ -. _. cc~sza_nuurts_ _ °$'~~®~-+t~a~~a'°e.ag-o ©rs-ca~+~o~a-s~~'~t~3-e~5~~1n©a®¢a- eva-_ e.~.„aam, m - r_asaa a~~ ~~ , ~ ~ ~~~ =" BEAR CBEEH NEST e 3UBDIVT9ION Z -~ RP.Gf'u5f~ PIaU£xF t!L'ril 2 SM ~ ~ __ Exhibit C ~F~~ CITY OF MERIDIAN PL • G DEPARTMENT STAFF REPORT FOR'THE HEARING DATE OF APRIL 4, 2006 i ~, I 0 ( ,, , i ~ ~ ~ ~ ~ ~ ~ r ' ~, ,I~ ~ ! ±~. c ~~~ r' ~lr f,r /+ f ',~ '6~ .C \~ •1 ~ ~~ _ _'~ _ _ o-Rb1P7 1iLr>~ /.' oa~m oev u~nts _ tm _._ ~® i~~~ ®~f ~~~; ;~~ gin. ®®~o®omm di ~I ~1 I~ Q jy9 9 - ----- ------- 4 --- ~ - --- B r ,~' ~9 ~ ~~~ I ~~' --~- i, e jjar ~ II £Ml@y 6R WJS ~E]O6®F2061~0~~ _ FYI SS'V ,~S y - - -.~ - ~. - _- _ 1 - _ _ - - cJ ~`J- ~-~] F] E3-«u El Ci c3® E9 t3-~-FJ 0 O ®C~1~ _- ~((~~ i I- T~;--i T~, ~ I I ~ lbw( ~ +~ ~ rtsAS c~~ ~+r~T ~ ~~Asifi~rdB~~'fli1~~ D '~~ 3llBDtVIS10N ~ ~'ota~0~as 3 I,~~ I`f~ FRLIFO~®0.17-IEK17U-! e `~I ~ ~1~ 3 _ "7''I Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF APRIL 4, 2006 f;~ ! ~ __ P i - _ j 3. ~ + ~ 1 !i ~~ - - - _- I ~ v ~~i n~ t~ - is z ~ ! I .~~ , ~ _ i~ ®~ - i .~ g as ) i I f { 'll ~' ~ a ~ i '~ - - --~ _ ~"~ u ~ - ~ I. r_ _. ~ ~ ~~~~- - - i ~- ~ ~ ~~--~ ~- ---~ ~~ I~ f 'I ~ I I ~I.. g ~ ~~ ( ~ L ~ ~ r .~--V~ - _ ! -- - ~ - - 1 it ~ ~ ~~~ ~ 1 ' ~ a ~ i 'a < 1~ - I - ~- f __ _• ~ - - ~ _ I ,~ ~' '_- a ,~~~ ~ s,- i~ ~. 1 -i , ~) ~` 1 ~ ~- - e ~ ~ ~ f ; i~,fT? "~~i_~ ~ r._r ~ ~ ~ _ ~ _I ~ -~- ~_~~~f i~l~~~u,,,,;,~,,~ ~~ 1~= ' ~ ~ ~ :~~ ~ ~ '- ~ ~ `, ~ t~i~L'- , ~ i- ---- ~ I 1 ,fir I _ , : ----- I I (~ -_ _ _ ~~ - t- (r i ~~ n ~- - -- -- -_-_- _-__-r- - _ _ _i LL_.~7.- ~ 1L ~1~! _ ~ i~ i I - ~ - - -_ --- i--+-- _~. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 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 R-8. 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. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that single family detached residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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, Staff 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 (UDC 11-SB-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. City Council fords that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the fmdings listed above, City Council finds that Annexation and Zoning of this property to R-8 would be in the best interest of the Cites 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; City Council fords that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Staff generally supports the proposed plat layout and Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council fmds that public services are available to accommodate the proposed development. (See fording Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; See fording "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail. 4. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. 5. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Therefore, City Council fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. 3. Variance Findings 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: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: City Council fmds that the granting of a variance to the property would not grant a right or privilege that is not otherwise allowed in the district. As noted above, staff finds that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners, or the applicant. Based on the nature and location of stub streets within the adjacent development, staff fmds that strict compliance would be unreasonable and granting the variance would not result in inhibiting the objectives of the UDC. 2. The variance relieves an undue hardship because of characteristics of the site; Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 The applicant has provided for traffic circulation with a street layout that provides adequate stub streets and connections to adjacent properties within the constraints of the Ridenbaugh Canal to the south and existing developed properties to the north. City Council is supportive of the street layout and acknowledges that efforts have been made to connect to adjacent properties wherever feasible. 3. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that approving the variance to the maximum block length would not be detrimental to the public health, safety, and/or welfare. The proposed subdivision increases interconnectivity and reduces traffic conflicts by providing a collector road which connects Linder Road and Stoddard Road. Exhibit D May 5, 2006 VAR 05-026 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Tuscany Development, Inc. ITEM NO. 5-F REQUEST Findings for Approval : Request for a Variance to exceed the maximum block lengths in a proposed R-8 zone for Bear CreeCc West Sub. - south of West Overland Road and west of South Stoddard Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aHached Flndings 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: _~~CK~I ~-lG1C~~_ Date: _ Phone: G~?~ , C.~~Q Emailed: P~-Ina r i ~ C~jL1~('.P~_n-r ~ Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER O RACE ~ MAY 0 5 2006 City= ~fJf l~teridiann a sp.;lerl~ ice -~±1 ~ ~:. jwarl ~' T~~ ~~~ ~~ ~, ~~.~~ do ~. .fiat ~ 1'`-= ..,, rq~ In the Matter of Variance request to ezceed the maximum block length for Bear Creek West, by Tuscany Development, LLC. Case No(s). VAR-OS-026 For the City Council Hearing Date of: Apri14, 2006 (approved Apri125, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Apri14, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Apri14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of Apri14, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of Apri14, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Cgde, 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. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-OS-026- PAGE I of 3 5. 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 parry requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the all in the attached findings in the Staff Report for the hearing date of Apri14, 2006 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: The applicant's Variance Request to exceed the maximum block length is hereby approved. D. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of Apri14, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-OS-026- PAGE 2 of 3 i ~ By action of the City Council at its regular meeting held on the ~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED ~- VOTED__~~~~ VOTED_ f~~~ VOTED VOTED MA~~ _,. J, , ®~je` WEERD ATTEST: ~ e~. ° WILLIAM G. BERG, JR., C CLEI~K~, .~ . "~' 9d ~ ~ t, fi~9,r/~SfOj~ b p~pje a~eq~, ~~ Copy served upon: / Applicant ./~ Planning Department ublic Works Department City Attorney BY: Dated: S- I ~-~l~ City Cler 's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-OS-026- PAGE 3 of 3 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 f ~ ~ ,. STAFF REPORT City Council Hearing ` """ "~ ~ ~' ~' y ~_~^ Hearing Date: 4/4/2006 (approved 4-25-06) ~~ w~, TO: Mayor and City Council `'' ~F R°,r FROM: Josh Wilson, Associate City Planner ~,ixs ~'""~`~'=`~"`~~~ ~t SUBJECT: Bear Creek West Subdivision • AZ-OS-064 Annexation and Zoning of 116.81 acres from RUT and Rl to R-8 zone • PP-OS-064 Preliminary Plat of 320 single family building lots and 34 common lots on 116.81 acres in a proposed R-8 zone • VAR-OS-026 Variance to exceed the maximum block length for Bear Creek West Subdivision 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Tuscany Development, has applied for Annexation and Zoning (AZ) of 116.81 acres from RUT and Rl (Ada County) to R-8 (Medium-Density Residential) and Preliminary Plat approval of 320 single family residential lots and 34 common lots. The site is located west of Stoddard Road, east of Linder Road, and south of Overland Road. This site currently contains vacant land. 2. SUMMARY RECOMIVIENDATION: The Meridian Planning and Zoning Commission heard the item on January 19 and February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Becky McKay ii. In opposition: None. iii. Commenting: Don Weber, Neil Bowl, Chuck Rough, James Prather, Allen Bradshaw, Jan Young iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Lot sizes on perimeter of subdivision ii. Impact of subdivision on existing church to the north and vice versa c. Key Commission Changes to Staff Recommendation: i. Delete Condition 3.2 ii. Modify Condition 1.3.6 to reference the ltidenbaugh Canal iii. Incorporate changes from the January 19, 2006 email from Becky McKay to Don Weber (NOTE• The applicant has submitted a revised preliminary plat dated March 2 2006 which complies with these changes): 1. Move Elias Drive south 10 feet and increase the depth of the lots adjoining the church facility to 150 and 155 feet in depth. 2. Adjust lot lines to reduce the number of lots that adjoin the church parcel from three to two. Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 1 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF APRIL 4, 2006 3. The two lots adjoining the church property will be restricted to single story homes. 4. A two foot berm with a six foot sight obscuring fence will be installed along the north boundary of the Bear Creek West property. 5. The developer will install a landscape buffer on the north side of the two lots which adjoin the church facility. 6. The developer shall disclose in purchase agreements for lots which adjoin the church facility that outdoor activities take place at the church. These activities aze approved and pre-existing, and should in no way be considered a nuisance. This language shall also be included in the covenants of the subdivision. d. Outstanding Issue(s) for City Council: i. Block Length Variance: Staff is recommending approval of the subject Variance application (VAR-OS-026) for the reasons listed herein. We find that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see analysis below and Exhibit D). 3. PROPOSED MOTIONS Approve (All Applications) I move to approve File Numbers AZ-OS-064, PP-OS-064, and VAR-OS-024 as presented in the staff report for the hearing date of Apri14, 2006, and the preliminary plat dated ~, Anri118, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Deny (All Applications) I move to deny File Numbers AZ-OS-064, PP-OS-064, and VAR-OS-026 as presented in the staff report for the hearing date of April 4, 2006, and the preliminary plat dated ~-4, April 18,, 2006 for the following reasons: (you must state specific reasons for denial). Continue (All Applications) I move to continue the public hearing for File Numbers AZ-OS-064, PP-OS-064, and VAR-OS-026 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: West of S. Stoddazd Road, east of S. Linder Road, and south of W. Overland Road Wl/2, Section 24, T3N R1W b. Owners: 1. Tuscany Development P.O. Box 344 Meridian, Idaho 83642 2. Kenai Partners, LLC 6223 N. Discovery Way Boise, ID 83713 3. Richard C. and Rebecca Groves Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 2 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~EARING DATE OF APRIL 4, 2006 6223 N. Discovery Way Boise, ID 83713 4. Nick and Zhana Hansen P.O. Box 140838 Boise, ID 83714 c. Applicant: Tuscany Development P.O. Box 344 Meridian, Idaho 83642 d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: RUT and Rl f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of REVISED Preliminary Plat (attached as Exhibit Al): April 18.2006 2. Date of Landscape Plan (attached as Exhibit A2): November 11, 2005 h. Applicant's Statement/Justification (reference submittal material): "It is in the best interest of the City that the property be annexed to the City of Meridian with a zoning of R-8. The project will provide a diversity of housing and lot sizes. The proposed overall net density (3.52) of the project complies with the City's designation of Medium Density Residential, which calls for 3-8 units per acre. The project offers a variety of lot sizes within the development and construction of a portion of the City of Meridian's multi-use pathway system. The project also offers amenities for the neighborhood while still providing an urban density development." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 13 and 27, 2006 d. Radius notices mailed to properties within 300 feet on: March 10, 2006 e. Applicant posted notice on site by: March 25, 2006 6. LAI~TIA USE a. Existing Land Use(s): Vacant land and a rural residence b. Description of Character of Surrounding Area: Mostly agricultural land with some rural residences and the existing Bear Creek Subdivision to the east. c. Adjacent Land Use and Zoning Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 3 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~IEARING DATE OF APRIL 4, 2006 1. North: Existing rural residences and agricultural land, zoned RUT and Rl (Ada County) and R-8. 2. East: Existing residences in Bear Creek Subdivision, zoned R-4 and a future middle school site, zoned RUT (Ada County). 3. South: Existing rural residences in Eggers, Model Farm Acres, and Pebble Lane Estates Subdivisions, zoned Rl (Ada County). 4. West: Rural residences in Ariel Estates Subdivision, zoned Rl (Ada County) and agricultural land, zoned RUT (Ada County). d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Currently not serviceable. Will sewer in the future to the Black Cat Trunk. Location of water: There is water in S. Stoddard. Issues or concerns: The need for a second water feed. Not currently serviceable by the City of Meridian's sewer system. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Irrigation: The property is bounded on the south by the Ridenbaugh Canal. 5. Hazards: None. 6. Proposed Zoning: R-8 7. Size of Property: 116.81 acres f. Subdivision Plat Information 1. Residential Lots: 320 2. Non-residential Lots: 1 3. Total Building Lots: 321 4. Common Lots: 34 5. Other Lots: N/A 6. Total Lots: 354 7. Open Lots: 34 8. Residential Area: 116.81 9. Gross Density: 2.74 units per acre g. Landscaping 1. Width of street buffer(s): A 25-foot wide street buffer is required along Linder Road which is an arterial street, and a 20-foot wide street buffer is required along Stoddard Road, which is an urban collector (UDC 11-2A-5). The applicant is proposing a 35- foot wide landscape buffer along Linder Road and a 30-foot wide landscape buffer Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 4 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE"HEARING DATE OF APRIL 4, 2006 along Stoddard Road Road. Staff is generally supportive of the street buffer widths proposed, however the existine home on Linder Road that is to remain must take access from internal streets within the subdivision and a 25-foot street buffer must be provided along Linder Road adiacent to the home Street buffers are not required on any of the internal, local streets. The applicant is proposing to provide a 20-foot street buffer on W. Kodiak Drive, which is consistent with a collector roadway. Staff is supportive of the proposed street section design. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 16.38 acres/14% (including street buffers) and 12.05 acres/10.3% (excluding street buffers). 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (LJDC 11-3G-3E2). h. Proposed and Required Non-Residential Setbacks: per the R-8 zone for detached single family R-8 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 4 feet Rear 12 feet Max. Building Height 35 feet Min. Lot Size 5,000 square feet Min. Street Frontage 50 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from Kodiak Drive, with one access point to S. Linder Road and one access point to S. Stoddard Road. The existing access to Linder Road must be eliminated. Please see ACHD report and discussion below for details. 7. COMMENTS MEETING On December 30, 2005 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain from three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 320 single-family lots on 116.81 acres for a gross density of 2.74 dwelling units/acre. As allowed by Note #2 on the face of the Future Land Use Man the applicant is requesting a step down in density and zonine desienation from medium to low. A Comprehensive Plan Map amendment is not required for the Citv to process the applicant's request for the R-8 zone for a prop desif~nated for Medium Density Residential use Staff fmds that the following Comprehensive Plan policies apply to this application: Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 5 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR ARING DATE OF APRIL 4, 2006 When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under- the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • 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. • 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 comply with the policies listed in the literature noted above. • 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. A six foot tall closed fence has been proposed around the entire perimeter of the development. Prior to house construction, fencing should be constructed around the perimeter of this site. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connections to adjacent properties and along the Ridenbaugh Canal. • Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 6 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR T'I~ARING DATE OF APRIL 4, 2006 See above. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. One public street access to Linder Road and one public street access to Stoddard Road are proposed, and staff is recommending that access from the existing home to Linder Road not be allowed. Direct lot access to Linder Road and Stoddard Road should be prohibited by a note on the plat. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Stafffinds that the existing residential properties to the south, east and west are compatible with the proposed development. 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 subject application includes a request for the R-8 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single family developments as a Conditional Use. 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: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single family development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on November 11, 2005 by Gregory Carter, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 7 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF APRIL 4, 2006 removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Special Considerations: Perimeter Sidewalk: A future middle school site is planned to open at the northeast corner of the project on Stoddard Road. At past meetings, the City Council and the public have expressed concerns over the lack of sidewalks adjacent to arterial streets and how difficult it is for children to walk/bike to nearby schools. In light of these concerns, staff recommends that the applicant be required to construct a 5-foot wide detached sidewalk along their frontage of S. Stoddard Road and W. Kodiak Drive, prior to issuance of building permits in the first phase of the development. Development Agreement: UDC 11-SB-3.D.2 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. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not ne atg ively impact nearbgproperties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Citv Attorney, Bill Nary, at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That five-foot wide sidewalks and street buffers, constructed in accordance with City Code, be installed along S. Stoddard Road and W. Kodiak Drive with each phase, prior to occupancy of any new dwelling units for said phase. PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis of facts and findings. Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 8 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~IEARING DATE OF APRIL 4, 2006 Church Use to the North of the Property Staff has been made aware that there is an existing indoor/outdoor church located adjacent to the north property line of the project. The representative of the church is concerned about conflicts between the existing church use and the homes proposed on the north boundary. There is an approved PA system on the church property which may cause conflicts with residential properties which are adjacent. Please reference the letter dated December 12, 2005 from Dana Armstrong to Becky McKay regarding the church's concerns. The Commission and Council should consider public testimony to determine whether the proposal will have detrimental effects on adjacent properties. 2. Street Buffer along Linder Road and Stoddard Road• A 25-foot wide street buffer is required along Linder Road which is an arterial street, and a 20-foot wide street buffer is required along Stoddard Road, which is an urban collector (UDC 11-2A-5). The applicant is proposing a 35-foot wide landscape buffer along Linder Road and a 30-foot wide landscape buffer along Stoddard Road. Staff is generally supportive of the street buffer widths proposed, however the existing home on Linder Road that is to remain must take access from internal streets within the subdivision and a minimum 25-foot street buffer must be x~rovided along Linder Road adjacent to the home Street buffers are not required on any of the internal, local streets. The applicant is proposing to provide a 20-foot street buffer on W. Kodiak Drive, which is consistent with a collector roadway. 3. Landscaping and Open Space: Staff is supportive of the proposed landscaping design. The applicant is proposing to set aside 12.05 acres (10.3% of the property), exclusive of required street buffers, for open space. All common lots which are approved as open space, and will function as drainage areas, shall be vegetated and usable by residents. 4. Existing Home to Remain: The existing home to remain on Lot 38, Block 5 shall be required to take access from an internal subdivision street and a note shall be placed on the plat prohibiting direct lot access to Linder Road and Stoddard Road. The applicant should modify the plat to extend W. Bear Creek Ct. to the north to give internal street frontage to Lot 38, Block 5. The landscape plan shall also be modified to reflect Item #2 above. 5. Pressure Irri ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to 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. 6. Fencine: The applicant has submitted a detailed fencing plan (on the landscape plan dated November 11, 2005) with the preliminary plat application for the subdivision. Staff is generally supportive of the fencing proposed, with the following changes: UDC- 3A-7 requires that fences adjacent to common open space are restricted to four feet in height if sight obstructing, and six feet in height if open vision. The landscape plan shows 6 foot vinyl fence adjacent to the common open space on Lot 8, Block 14, and Lots 40 and 44, Block 5. The landscape plan shall be amended to comply with UDC 11-3A-7 and Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 9 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE7~EARING DATE OF APRIL 4, 2006 restrict solid fencing adjacent to these lots to four feet prior to submittal of the final plat. All perimeter fencing must be completed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 7. Micro-paths: All micro-paths shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). 8. Common Areas: Maintenance of all common areas shall be the responsibility of the Bear Creek West Home Owners' Association. 9. Ditches, Laterals, and Canals: There are exiting irrigation ditches that run along the perimeter of this property. The Ridenbaugh Canal runs along the southern boundary of this site. Large facilities which would require very large pipe sizes are allowed to remain open and Staff recommends that the City not require the applicant to the the Ridenbaugh Canal abutting this site. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Ridenbaugh Canal, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. VARIANCE ANALYSIS: The applicant has requested a variance to exceed the maximum block length of 750 feet. The applicant has provided for traffic circulation with a street layout that provides adequate stub streets and connections to adjacent properties within the constraints of the Ridenbaugh Canal to the south and existing developed properties to the north. Staff is supportive of the street layout and acknowledges that efforts have been made to connect to adjacent properties wherever feasible. The proposed subdivision increases interconnectivity and reduces traffic conflicts by providing a collector road which connects Linder Road and Stoddard Road. b. Staff Recommendation: The subject property is within the Urban Service Planning Area. The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested annexation and zoning and preliminary plat applications. 11. EXHIBITS A. Drawings 1. REVISED Preluninary Plat (dated: March 2, 2006) 2. Landscape Plan (dated: November 11, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 10 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~EARING DATE OF APRIL 4, 2006 D. Required Findings from Zoning Ordinance Bear Creek West Subdivision AZ-OS-064, PP-OS-064, VAR-OS-026 PAGE 11 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~EARING DATE OF APRIL 4, 2006 A. Drawings 1. REVISED Preliminary Plat (dated: March 2, 2006) (see approved plat dated 4-18-061 ____ I i '® / D ~ ~ ~ . 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I ~ ~.; ~ ~''` ~. ,Q Exhibit A CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THARING DATE OF APRIL 4, 2006 Exhibit A CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR ARING DATE OF APRIL 4, 2006 ~s t1.haGV iGe L9-3 Per r-, ®~9 ~ F~ ®:~~ ~ Yo9 ®1 ~ ®, ~r r !'f !jl r p g ~ r z ~ ,`~:_ ~ -~ 6' Q 3 ' ~ ~~~ _ A ~ V ~ ~` ~ e ~ ~ ~;~~ '1 ~~ ~ ' ~ ---__~r' ~J' ~ .-~ ~: r , _i r , i ~ j __-_ ~.- ' gb \ _ / ~_ ,, - ~ ~ A ~, -- ~~~- 3 IF - ~~ - _ - -~ a ---~ ~ ( ~ ~ ~~~ i'~ ~ 1 _ _ ,~ -- ~ i, ~ /1 ~ ~s _~ - ---~~- - 7 _ I. _ ~ i /~ . ~ , ~ I _- _.. ~ ~ -_._ _-•---~-r .R a ' ~ ~~CREEK WEST SULDIVI$ION ~~~~ - _ ~ p pgy~r G KEPJAI PARTRIER$ LLG ~' ,~.. f Exhibit A CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TEARING DATE OF APRIL 4, 2006 s7arcu ea >-a-~ ~®,raor®® ®e°®®s~4~s.y~~a®~ .,~ .~. .- Q ," t \~, ~~ ~,` Y, ~ `\ \ ~ ,~ ~,~ \ ~ r ~.. ~ `\ ~: ~~ -~ '-'-r t 1~ ~/ ~ ~ ~ as 1 ~ ~ ~ I ~ di ~ ~fl l - a r-- __ ----- i -- ® ~d ~ ~d~~~~~9 ~ v ~ ~~ ~~ ~~ `~pg~~ ~~~ ~ ~ `~ ~g c~ ~ t5~ 9~g~~ n6~ g; -~ H~ v~s~ d~ g y '° 6g$aI ~ a d tv.ntl m e ~ ~3~~~ 's i~~9 $ 4 8®~ 3 ~ O~ ~i ~ `.-)9 ii ~ ~• I a? I_ w ~ ~I~~ i ~ 3 ~~~~~ ~~~~ I ~ ~ yi ~ ~ I~g~' ia~9' ~ ~ - . ~_,' ~ geld ~ d ~ ~ QR GREEK !!JEST SUBDNISI(3td "'°E ] A g ~ }~ FT~LIMIFWRT RAT ~ I w a fi"4 ~~ K~NAI PARTNERS LLG ~ L '~ - n ,~ s' ~ p ~~~ -- '~ - -- o _ +~ ~~ ~! . ~ ~ ~ ~~ y~ a ~I~ ~ ~ ti,`\ ~ ~ ~~ ~ Exhibit A CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF APRIL 4, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That five-foot wide sidewalks and street buffers, constructed in accordance with City Code, be installed along S. Stoddard Road and W. Kodiak Drive with each phase, prior to occupancy of any new dwelling units for said phase. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The REVISED preliminary plat labeled as PP-1 prepared by Engineering Solutions, dated ~ ~, April 18, 2006 is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/~oning (AZ-OS-064) shall also be considered conditions of the Preliminary Plat (PP-OS-064). 1.2.2 Maintenance of all common areas shall be the responsibility of the Bear Creek West Subdivision Homeowners' Association. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 The landscape plan shall be amended to depict fencing adjacent to Lot 8, Block 14 and Lots 40, 44, and 115, Block 5 as a maximum of four feet for solid fencing, in compliance with UDC 11- 3A-7, prior to submittal of the final plat. Exhibit B CITY OF MERIDIAN P~~ING DEPARTMENT STAFF REPORT FOR THE~TEARING DATE OF APRIL 4, 2006 1.2.5 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Ridenbaugh Canal, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 1.2.6 The existing home on Lot 38, Block 5 to remain must eliminate the driveway access to Linder Road and take access from internal streets within the subdivision. A minimum 25-foot street buffer must be provided in a common lot along Linder Road adjacent to the home. 1.2.7 The plat shall be modified to extend W. Bear Creek Ct. to the north and give internal street frontage to Lot 38, Block 5, prior to submittal of the final plat. 1.2.8 Direct lot access to S. Linder Road and S. Stoddard Road is prohibited. A note shall be placed on the fmal plat restricting access to S. Linder Road and S. Stoddard Road. 1.2.9 Those portions of Lots 112 and 113, Block 5, that are currently encumbered by the NMID easement for the Ridenbaugh Canal, shall be made to be in a common lot (the buildable lots shall not be encumbered by the easement.) 1.3 GENERAL REQUIREMENTS PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface 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. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ridenbau Canal intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. Exhibit B CITY OF MERIDIAN PLIIVG DEPARTMENT STAFF REPORT FORT' HI~- ARING DATE OF APRIL 4, 2006 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORK5 DEPARTMENT 2.1 This development is currently not serviceable by the City of Meridian's sanitary sewer system. This area is master planned to sewer to the Black Cat trunk. The approval of this development is conditional on sewer being available and the City of Meridian does not guarantee service in the timelines outlined in the UDC. 2.2 The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 No "temporary" or "interim" lift-stations shall be allowed in this development. 2.4 Water service to this site is being proposed via extension of mains in S. Stoddard Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Execute standard forms of easements for any mains that are required to provide service. 2.5 This entire development, approximately 321 lots, is being proposed with a single water connection in S. Stoddard Road. In order to achieve redundancy, a second connection to the City of Meridian's water system at the intersection of Liner and Overland shall be required. 2.6 This development is on the edge of proposed pressure zone boundaries. The applicant shall be responsible to install a pressure reducing vault at the connection to the water line in S. Stoddard Road. The pressure reducing vault shall be designed to include communication capabilities that are consistent with the City of Meridian's SCADA system. Coordinate location with Len Grady at the Public Works Department. 2.7 The applicant shall reserve a portion of Lot 44, Block 5 for possible dedication to the City of Meridian for a well site. 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 evidence of a license agreement 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 (CTDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, 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. 2.10 All existing structures not meeting setbacks or zoning ordinance shall be removed prior to signature on the final plat by the City Engineer. 2.11 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. Exhibit B CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THARING DATE OF APRIL 4, 2006 2.12 The existing house shall be required to connect to City services. The applicant shall be responsible for the payment of assessments and the actual physical hook-up of the existing house to municipal services. 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 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. 2.15 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. 2.16 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 Two-hundred fifty and one hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 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. > >• ..n ti~ >a,.:t~ ~,. ~,: . n ~ r ~ l r: t e a a • . ,.,... . -~rt.r • .~crn..vc~ a ~ y , ,_ ..., , ~.,., 4 --- ~ L „ ~ e ld}~ -Sk eels-~~~t~ lei ` ~4' ~_ ~ ` i g , ~ e~ e-s c~e- Exhibit B CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF APRIL 4, 2006 H ffi T ti ~~ ' v' aai"t i aiv~ fi ~ r vvvr svH ~ r. - r mrioi 9~E 9 . -cc v- - t~ / 3.3. For all Fire Lanes, provide signage "No Parking Fire Lane". 3.4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than'/2 the diagonal measurement of the full development. 3.8. Building setbacks shall be per the International Building Code for one and two story construction. 3.9. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.11. Provide a Knox box entry system for the complex prior to occupancy. 3.12. The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.13. Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14. Pool chemicals shall be stored in compliance with the International Fire Code. 4. POLICE DEPARTMENT 4.1. The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on W. Kodiak Drive. 4.2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 5.1. Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. Exhibit B CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF APRIL 4, 2006 5.2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.3.5tandard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (LJDC 11-3B-10) will be followed. 5.4. 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 Trash collection for the existing residence needs to be from a local street, not from a collector or arterial. 7. ADA COUNTY HIGHWAY DISTRICT Site Speck Conditions ofAppYOVaI Dedicate 35-feet ofright-of--way from the centerline of Stoddard Road abutting the parcel by means of recordation of a final subdivision plat. The owner will not be compensated for this additional right-of--way because Stoddard Road is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. 2. Dedicate 48-feet ofright-of--way from the centerline of Linder Road abutting the parcel by means of recordation of a fmal subdivision plat. The owner will not be compensated for this additional right-of--way because Linder Road is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. Construct Stoddard Road as one half of a 46-foot street section with vertical curb, gutter and a 5- foot detached (or 7-foot attached) concrete sidewalk. Construct the sidewalk to be located a minimum of 28-feet from the centerline of Stoddard Road. If the sidewalk meanders outside of the right-of--way, provide the District with an easement. 4. Construct a 5-foot concrete sidewalk on Linder Road located a minimum of 41-feet from the centerline of Linder Road. If the sidewalk meanders outside of the right-of--way, provide the District with an easement. 5. Construct Kodiak Drive to intersect Stoddard Road at the north property line in direct alignment with the main entrance to Bear Creek Subdivision located on the east side of Stoddard Road, as proposed. *** Kodiak Drive is proposed to be located on the north property line and is proposed to have an island located within the right-of--way. With the island, the sidewalk extends outside of the right-of--way onto the Meridian School District property to the north. The applicant will be required to obtain an easement for the sidewalk that extends outside of the right-of--way. 6. Construct Kodiak Drive to intersect Linder Road approximately 760-feet south of the north property line, as proposed. 7. Construct Kodiak Drive as a 40-foot street section with vertical curb, gutter and a 5-foot detached sidewalk within 54-feet ofright-of--way. Construct the sidewalk is proposed to be detached from the curb with an 8-foot wide landscape planter strip and located within an easement to the District, as proposed. Exhibit B CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 8. Construct West Eggers Drive as a 29-foot street section with vertical curb, gutter and 5-foot attached concrete sidewalk within 42-feet ofright-of--way. Provide the District with written documentation showing Fire Department approval of the reduced street section. 9. Construct the internal streets as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet ofright-of--way, as proposed. 10. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feet for all of the turnarounds. 11. Construct several islands within the public roadways, as proposed. Construct the islands to be a minimum of 4-feet wide with a minimum area of 100-square feet and provide a minimum of 21- feet on either side of the island. 12. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat will be required to be owned and maintained by a homeowners association. Notes of this will be required on the fmal plat. 13. Construct a southbound left-turn bay on Linder Road at the Linder Road Kodiak Drive intersection. 14. Construct a northbound right-turn bay on Linder Road at the Linder Road Kodiak Drive intersection. 15. Construct a northbound left-turn bay on Stoddard Road at the Stoddard Road and Kodiak Drive intersection. 16. Construct a southbound right-turn bay on Stoddard Road at Kodiak at the Stoddard Road and Kodiak Drive intersection. 17. Other than the access points that have specifically been approved with this application, direct lot access to these roadways are prohibited. A note will be required on the final plat stating this access restriction. 18. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. 5. Comply with the District's Tree Planter Width Interim Policy. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF APRIL 4, 2006 Utility street cuts in pavement less than five years old aze not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standazds and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 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 ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spaze or filled) aze compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they aze 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. 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. Exhibit B CITY OF MERIDIAN PL~1NG DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 C. Legal Description ' ~_ w.3 , ticq ~d ila/4i"'i® 145D EastWatertawer Se $UItVEY Suhe 150 s MerEdtan, Idaho 83442 ._ t;~QUP Phone (2D8)•84fi-8570 f '_ --- - ~ _ -- Fa~c (2D8) 8d4-5399 Project No. 04-268 November 15, 2005 DESCRIPTION FOR ANNEXATION BEAR CREEK WEST SUBDMSION A parcel of land located in the W 1/2 of Section 24, T.3N., R.1 W., B.M., Ada County, Idaho more particularly described as follows: Commencing at an aluminum cap monument marking the C1/4 comer of said Section 24 from which a 518" iron pin marking the N1/4 comer of said Section 24 bears North 00°51'53" East, 2634.95 feet; thence along the North-South centerline of said Section 24 South QO°51'53° West, 170.Q9 feet to a 5/8" iron pin marking the REAL POINT OF BEGINNING; thence continuing along said North-South centerline South 00°51'53" West, 827.30 feet to a 5/8° iron pin; thence leaving said North-South centerline North 89°24'36° West, 661.27 feet to a 5/8° iron pin on the East boundary line of the W1/2 of the NE1/4 of the SW1/4 of said Section 24; thence along said East boundary tine South 00°49'26° West, 331.46 feet to a 518° iron pin on the South boundary line of the W1/2 of the NE1/4 of the SW7/4 of said Sectian 24; thence along said South boundary line North 89°21'42° West, 518.26 feet to a point on the northerly boundary line of Eggers Subdivision as filed in Book 29 at Plats at Page 1804, records of Ada County, Idaho, said point also being on the centerline of the Ridenbaugh Canal and on a curve to the left; thence along said northerly boundary line and said centerline the following 14 courses: along said curve 295.77 feet, said curve having a radius of 250.00 feet, a central angle of 67°47'06° and a long chord of 278.82 feet which bears North 29°54'34° West to a point of compound curve; thence along said comp~~und curve 287.11 feet, said curve having a radiuG of 7fjQ.pO feet, a ~;entral ankle ref '?,3"~0'OC1"' and a Irnq chord of 235.10 feet which burs Pdcyrth ~~°33`f~i" Wesl to the point of iangen~,y; thence North 87°18'07° West, 76.22 feet to the beginning of a curve to the right; S:llSG Rnaju~stGrevvey Meridian Sdiuo! Ha~dary t04-268)ltiuct~ment/tBear Creek 1~rest Annex Qesc.doc Exhibit C CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF APRIL 4, 2006 thence along said canoe 100.36 feet, said curve having a radius of 250.00 feet, a . central angle of ~ ?0°00° and a long chord of 99.68 t which bears North 75°48'07° West to the point of tangency; thence North 64°18°OT' West, 164.62 feet; thence North 53°38'07° West, 183.05 feet to the beginning of a curve to the left; thence along said curve 104.72 feet, said curve having a radius of 225.00 feet, a central angle of 26°40'00° and a tong chord of 103.78 feet which bears North 66°58'07° West to a point of compound cants; thence along said compound curve 128.72 feet, said curve having a radius of 125.00 feet, a central angle of 59°00'00° and a long chord of 123.11 feet which bears North 70°11'53° West to the point of tangency; thence South 40°41'53° West, 127.21 feet to the beginning of a curve to the right; thence along said curve 98.03 feet, said curve having a radius of 50.Q0 feet, a central angle of 112°20'00° and a long chord of 83.07 feet which bears North 83°08'07° West to a point of compound curve; thence along said compound curve 99.48 feet, said curve having a radius of 300.00 feet, a central angle of 19°00'00° and a long chord of 99.03 feet which bears North t7°28'07° West to the point of tangency; thence North 07°58°07° West, 234.45 feet to the beginning of a curve to the left; thence along said curve 32.34 feet, said curve having a radius of 250.00 feet, a central angle of 07°24'45° and a long chord of 32.32 feat which bears North 11°40'30° West; thence North 89°18'07° West, 126.06 feet to a point on the West boundary line of said Section 24; thence along said West boundary line North 00°41'53" East, 548.41 feet to a 5/8" iron pin marking the W1/4 comer of said Section 24; thence continuing along said West boundary line North 00°41'54° East. 2108.21 feet to a 5/8° iron pin; thence leaving said West boundary line South 52°41'34° East, 201.43 feet to a 5/8° iron pin; thence South 69°16'34" East. 277.88 feet to a 5/8" iron pin; thence South 64°55'34" East, 315.97 feet to a 5/8" iron pin; thence Seth G(~~" 34`3-3" Eest. 351 ~~ feel tc~ .~ !g' irrn i~in; thence South 7T' 18'3~i" East, 3 t 3.fi3 feel to a 5/8" iron pin on the North-South centerline of the NW 1/4 of said Section 24; S:49SG F'r¢le+~slCuavas Meridian Sch+ani Berund3ry (t14-268}iQarumentslflear creek Wes! Armax Desc.d~ Exhibit C CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THEgfEARING DATE OF APRIL 4, 2006 thence alo said lilorth-South centerline South ~°46'51" East, 789.08 feet to a 518" iron pin; thence leaving said North-South centerline South 30°37'41" East, 510.19 feet to a 5/8" iron pin marking the beginning of a curve to the left; thence along said curve 990.51 feet, said curve having a radius of 970.00 feet, a central angle of 58°30'26° and a long chord of 948.03 feefi which bears South 59°52'54° East to a 5/8° iran pin marking the point of tangency; thence South 89°08°07" East, 231.37 feet to the REAL POINT OF BEGINNING containing 117.47 acres, more or less. Prepared by: Idaho Survv~ Gregory ~, P.L„ 3. ~~11~^G Prnteets\Groves t,'eridian Scrtoal 8ounelaey (tl 1-2~8p1Ononranistl3ear vre2 4Yest Annex t7bsc.dGa Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 ' ° _.-- - -- - - - - -. _ __ : I a p , Y -- Via;S M11 - »--. -- s~- - 3. t ~_._ ''f ~ ~ ~ ~- ( f` ~ C~ D 1~'~ I g f - /J f ~ - ~ , ff 7 € - y C ..~. ~- T , ~ ~ ~ - ~ , ~ ~ - ~ °~ - `- , _ ~- _ Ir _ ~ y, % <f .' ~~ ~ ~ , ~ ,~~ ~ ~ ~ ~ ' ~ ~ l I ~ ~`, ~ ' ~ I t' '~ j' , ` ` ` ` \ 4 l I ' x ' / 1~ ~ - - ~ 1 ~' ` ` ~ I ~, 11 ~ ~-f cmm5tT 3~- ~ _', r~-- _ ~ ' ~ -'~ ~ ~ !° ~ ®socooacoag a 1 ~ ~ - - ~ ; 9I~~I8~EI! ~ ff, _ i ' 1 .r r ~ ~ 'GL G~'~~.~~~A~ ~ ~ E - -' _ _ ~ ~ r t ~ g °so3iAEig n ~O ~~ - / -_ ~ 99 ~ rp evu~i8ue:6G~ ~ ~ ~ 9I ~ ~ f (i I ~~ ~ gg .y9 r~~dd~~$4~s , --- -'-~ ~ - I ~ i ~ ~ ~ i " IJ ~ ~ ~ --- L- - ~ ®eaars-s ~ as_ci-®®e3-®-~ ® ~ _. _ c, nA On u~wrs -~ °'°-~`~®~ a ~ ~; . . -r ~ n --1 - ' ~ ~ ,a-c~.~$~-c ©cv _ _ l ~ +( ~ - ~ l~ - - ~ ~ ~- - •._. _ PfAi CFC~. 9_^a~SffaJ~ N¢ t ~ _ r_ T --- -__ ~ ~ -m+s-a~ __. [c S om-sa.c~ AG 6R t~19~ _ P~-~.~~1v c~a®¢~ ~._ ~ 1 T i ~ I I ' , jI ~ ~ ~ ~ ' _ _ L- ~- ~ ' - ~- - ~ ~ 1 ~~ ~~ D ~ i ~ ~ ~~Art ca~Ex wEST i ~~Ms6/MEL~RIN6 suunlvisrorr a70lUT/ONS., x ~a X §, Fvu --moo w ~ YFrrc~ r i` la a - ~"~__ - Exhibit C CITY OF MERIDIAN PLA~G DEPARTI~NT STAFF REPORT FOR THE~ARING DATE OF APRIL 4, 2006 ~v, -~~®~ ,Y- r ~~n~ ' ~, ~ a~ i ` ~uQ! * '• 4: r t ~ ~}. ~~ ~ >/ ' v sx vioa®om® ~ / ~ n ~! ~~ - ~ ~! .f_ F/ c . v ~ t , r ` f f f i E'saurm an ~biv ' ~ Sri ;; - /Y7- B'©80~E1~9gi~]-®.~t3~.. }p-f'~-diJG7-gErt3B-p / ~~ , ~ ~- ~ ~~ ~` d . - ~~pp- uy~ ~ 5 ~ pp B 2 __ _ _ _ -- ---- --------- 4 / ~__ ' ~ - -- - ~ i '--- - a- ~- ~~ _~ ~ ~ I I £]~j®C+®~Pr~fl3 ~G3C-?EIpF3fa79 E3 ®C9 f-]v. tr.ST.WJ OTV'~ - _ - - - - ~ I,j i I;I i,l -~ ~ _ [:~~`+ F+~_mx ~.V 1 __ _. _ _. ! GK~ ~ ~ E] EJ GiJ~9[3-~~JOO-D :p - _ I ~ i i T ~ _ - _ _ ~ x `] ~ ~ ' , 1P~ya ~ ~ ryu Y' ~ I r ~UBDIOL9IDN X ~~A~3 FAf-F ~b~[O PfI IFNt7tti'1 I ~V&9/~ ~.~ e Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI-IE~ARING DATE OF APRIL 4, 2006 €~ I I~ _ ~ - _ ~. 'z _ i~ m ~ ;, ~° ~ A ~~ L '~ fd+v ~ i 4tl ~z i ~~' z ~ 'w~ ~ i i ] li aq r a~ ~ ~ i i I ~ 'j ~.~ ~' ~ 5 i ~ i i i ~; _ ~; it ~ I -- + -3 __ ? F ~_ ~ ~ ~ -, ~ ~ j~ 1 ,~~ r 1 -- ~_ - ll~ _~ ,_~_ _~ ~ it r ~~~ -- r - ~- -~ - - -' - - ~ I - i , --~ - - ~ - - _ - __ ~~-_ ` ~ _ , ~ 7l ~ .~'1 f ~ ,.. ',_ -- / ,Y. f ~S ~.1 J ,' c ~~ h+ ~ r, + i ~~ ~ ~ i f ~1 _ ~~~ ~;~ ~ @ _ ~ ~ J'- - --~~ i~ r ~. f 1~ { _ ~ '- ~~ _ ~ -r ='j- ~~ i71~ y ~_ i r~ S; iii ~, ~ ,~ ~~- ; ~ ~ - ~ ~ 7i~~- ~ r _>~_ ~-, ~-ILL; 1 r ~ - aJ ~~~.',~i~~t ~ ,''~~ , i Ll-~ ; 1 f, ~,_ ,~- -a i 7 1r) ' , f ~ r 7 ---~~~ _ I `~ Ir ~ _ ~ I tl ~ ~ ' I'I F-~ {I~ ~ \, `~ 1, t~f~~~L."- I it l.. .l ~c I•rf' 11. I ~~I l 6 ~ ^f hL iF _ u I~ ~ , ~_ i- 1 1 l` __- I I 1 i ~ ~ 'i i 1 r--I ~ - - ------ ---- _ ~ - _ _I ~ I ., 19 ~~ i _ _ ----~-~ - - I-~ ~ - -_-- I- '_- _ ~~ i i e + r JI _ j ~ - - - _ _ _ ~ ~ b _ ~ -, ~_~ -~-~--~~j,J ,~ Exhibit C CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THETiEARING DATE OF APRIL 4, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 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 R-8. 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. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council fords that single family detached residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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, Staff 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 (UDC 11-5B-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. City Council fords that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the fmdings listed above, City Council finds that Annexation and Zoninc of this property to R-8 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: The plat is in conformance with the Comprehensive Plan; City Council fords that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Staff generally supports the proposed plat layout and Exhibit D CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THI~EARING DATE OF APRIL 4, 2006 proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council fmds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff fmds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail. 4. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. 5. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Therefore, City Council fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. 3. Variance Findings 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: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: City Council fmds that the granting of a variance to the property would not grant a right or privilege that is not otherwise allowed in the district. As noted above, staff finds that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners, or the applicant. Based on the nature and location of stub streets within the adjacent development, staff fmds that strict compliance would be unreasonable and granting the variance would not result in inhibiting the objectives of the UDC. 2. The variance relieves an undue hardship because of characteristics of the site; Exhibit D • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 The applicant has provided for traffic circulation with a street layout that provides adequate stub streets and connections to adjacent properties within the constraints of the Ridenbaugh Canal to the south and existing developed properties to the north. City Council is supportive of the street layout and acknowledges that efforts have been made to connect to adjacent properties wherever feasible. 3. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that approving the variance to the maximum block length would not be detrimental to the public health, safety, and/or welfare. The proposed subdivision increases interconnectivity and reduces traffic conflicts by providing a collector road which connects Linder Road and Stoddard Road. Exhibit D AZ 05-038 May 5, 2006 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Dyver Development, LLC ITEM NO. 5-G REQUEST Findings for Approval -Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision -southeast comer of Ten Mile Road and Chinden Boulevard AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings Contacted: -~a'1i~-g9~A~Nn NI ~~1 Date: 5-~ ~0(.o Phone: ~ ~B' • 3 $1 a Emailed: ChAwn Q~ land ('m~~ t~d~~s .tie ~- Staff Initials:Y _ Materials presented at public meetings shall become properl~r of the Ctiy of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ ~~;~~ ~ h1AY 0 ~ pppg City=~1<' ridian ty~ ~~yy'e~9ffic~ C.F'd~1° fib ~~;~~~ _ i ~_'~ _ ~r~ a, ~s, ~~; In the Matter of Annexation and Zoning of 38.5 acres from RUT (Ada County) to R-8 (Medium-Density Residential) AND Preliminary Plat approval of 175 single-family residential building lots and 12 common lots on 38.5 acres, for Irvine Subdivision, by Dyver Development, LLC. Case No(s).: REVISED AZ-05-038 and PP-OS-037 For the City Council Hearing Date of: Apri125, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Apri125, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Apri125, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 25, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of Apri125, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 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). REVISED AZ-OS-038 / PP-OS-037 -PAGE 1 of 4 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of Apri125, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-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 stamped REVISED January 24, 2006, by Bailey Engineering dated January 19, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. That the applicant will provide a sandstone color, solid vinyl fence and slight bermin~ (to prohibit potential drainage infiltration) adiacent to the Stevenson's property. b. The applicant shall dedicated whatever the final risht-of-wav width for SH 20-26 is, as determined by ITD. The applicant shall submit a letter from ITD if the reauired right-of-wav for SH 20-26 is less than 100-feet. Modify the plat accordingly. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of Apri125, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). REVISED AZ-OS-038 / PP-OS-037 -PAGE 2 of 4 • 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 maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 maybe 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 Apri125, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). REVISED AZ-OS-038 / PP-OS-037 -PAGE 3 of 4 • By action of the City Council at its regular meeting held on the ~~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_z~l~~. COUNCIL MEMBER JOE BORTON VOTED_ (~ G~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ `~~/~ COUNCIL MEMBER KEITH BIRD VOTED_ i~~~~ TIE BREAKER MAYOR TAMMY de WEERD VOTED MAY, k _ ®a~~ WEERD ~ ya` "s ATTEST: ;~ ~° `~~' ®°®, ~~ ~, ~/ /~ ~ ,~ WILLIAM G. BERG, JR., C CLEI~K~,, ~~~ ~:~ B ~ ~l Copy served upon: / Applicant `/eel /q'++~ gg18;~144` Planning Department _ ,/ Public Works Department l~City Attorney BY~ Dated: ~ ~~ ®• ty C erk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). REVISED AZ-OS-038 / PP-OS-037 -PAGE 4 of 4 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 STAFF REPORT Hearing Date: Apri125, 2006 TO: Meridian City Council FROM: Planning Commission Staff: Joe Guenther, Associate Planner Meridian Planning Department 208-884-5533 SUBJECT Irvine Subdivision AZ-OS-038 REVISED ..~ ~, ~ ILS:\HtJ P ~,,~ , 4s _~~~~. i~ ~~ Annexation of 38.5 acres from RUT to R-8 PP-OS-037 REVISED 175 Single-family residential lots and 12 other lots CUP-OS-039- WITHDRAWN 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST History of item: On September 1, 2005, the Planning Commission accepted the applicant's request to continue the item until September 15, 2005. On September 15, 2005 the Planning Commission accepted the applicant's request to continue the item until October 6, 2005. On October 6, 2005 the Planning Commission accepted the applicant's request to continue the item until October 20, 2005. The Planning Commission accepted the applicant's requests to continue the item to address ITD concerns. On October 20, 2005 the Planning Commission heard the item and recommended approval of the revised preliminary plat dated September 30, 2005 to the Meridian City Council. On November 15, 2005, the City Council heard the item and recommended denial as the project was not in the best interests of the city and the lot sizes were too small. On January 3, 2006, the City Council accepted the applicant's request to reconsideration and remanded the item to the Planning Commission with direction to provide a revised preliminary plat. On January 24, 2006, the applicant submitted a revised site plan dated January 19, 2006. The applicant requested to be reviewed under the Unified Development Code and withdrew the request for a Planned Development (CUP-OS-039) under the Meridian City Code. The Planning Department scheduled the item to be heard at the March 2, 2006 Planning Commission hearing. The revised request is for annexation and zoning of 38.5 acres of land that is currently zoned RUT in Ada County. The applicant is seeking an R-8 zone (Medium Density Residential District) for the entire parcel consistent with the Unified Development Code. The applicant has submitted a revised preliminary plat for the subject property for 175 single-family lots all with detached products, and 12 common/other lots on 38.5 acres. Amenities for the development have been revised and the request no longer includes a clubhouse; useable open space has been reduced from 4.61 acres to 1.97 acres or the minimum 5% required. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on March 2, 2006. At the March 2, 2006 public hearing they moved to recommend approval. Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 1 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE H~RING DATE OF APRIL 25, 2006 a. Summary of Public Hearing: i. In favor: Kevin Amax (applicant's representative) ii. In opposition: None. iii. Commenting: Jerry Stevenson iv. Staff presenting application: Joe Guenther v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. ITD Required Right of way ii. Lot sizes consistent with Comprehensive Designation iii. Mike Myers property, stub street location iv. Open space requirements v. Acceptance of the CUP withdrawal. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the subject annexation and zoning (AZ-OS-038-Revised), preliminary plat (PP-OS-037-Revised) for the reasons listed herein and subject to the conditions of approval listed. The applicant proposes to sewer this development via extensions of mains in Silverleaf Subdivision, which is temporarily pumping sewage to a discharge point in N. Ten Mile Road. The applicant shall be responsible for any upgrades to the lift station that may be required. The Meridian City Council heard the item on November 15, 2005. At the public hearing they moved to recommend denial, on January 3, 2006 the Meridian City Council remanded the revised Irvine Subdivision to the Planning Commission. Staff has reviewed the revised design dated January 19, 2006 and submitted comments as detailed in the staff report dated March 2, 2006. On March 2, 2006 the Planning Commission recommended approval of the revised design as detailed in this report dated April X25, 2006 Staff requests that the Council consider recommending a redraw of the Irvine Subdivision to incorporate the ITD response and required open space as detailed in this report. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number(s) AZ- OS-038/PP-OS-037 as presented in the staff report for the hearing date of Apri125, 2006, and the preliminary plat labeled PP-1, dated January 19, 2006 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 Number(s) AZ-OS- 038/PP-OS-037 as presented in the staff report for the hearing date of April 25, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat and you must state specific reason(s) for denial of the conditional use permit.) Continuance Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 2 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 After considering all staff, applicant and public testimony, I move to continue File Number(s) AZ-OS-038/PP-OS-037 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SE corner of Ten Mile Road and Chinden Road 4N1 W26 b. Owner Dwyer Development, LLC 36 E. Pine Street Meridian, Idaho 83642 c. Applicant: Shawn Nickel Land Consultants Inc. 52 N. 2nd street Eagle, Idaho, 83616 d. Representative: Shawn Nickel, Land Consultants, Inc e. Present Zoning: COiINTY- RUT f. Present Comprehensive Plan Designation: Medium Density Residential- North Meridian Comprehensive Plan Amendment g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit Al): Revised January 19, 2006. 2. Date of landscape plan (attached as Exhibit A2): Revised February 1, 2006 h. Applicant's StatementlJustification: The proposed overall density (4.55 dwellings per acre) of the project complies with the City's designation of Medium Density Residential, which allows for residential densities which allows 3 to 8 dwellings per acre. We believe the use of the project will provide a development which will complement the surrounding land uses and will be a continuation of the Silverleaf project south and east of the site. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: Council -March 20, 2006 and Apri13, 2006 Planning Commission -February 13, 2006 and February 27, 2006 d. Radius notices mailed to properties within 300 feet on: Council -March 31, 2006 Planning Commission -February 3, 2006 Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 3 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE H•ING DATE OF APRIL 25, 2006 e. Applicant posted notice on site by: February 16, 2006 5. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: AgriculturaWrbanizing c. Adjacent Land Use and Zoning 1. North: Agricultural Ada County RR, Spurwing Golf Course 2. East: AgriculturaUResidential Silverleaf Subdivision -Meridian City R-4 and Ada County RUT 3. South: Single Family Residential Silverleaf Subdivision -Meridian City R-4 4. West: Agricultural Ada County RUT -Future Bainbridge Subdivision Meridian City R-8/PD d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Silveleaf Subdivision. Location of water: Extension of mains in Silverleaf Subdivision and Ten Mile Road Issues or concerns: The future rights-of--way along SH 20/26 Chinden Blvd are under consultant review by ITD for future requirements for acquisition. ITD has stated they are not able to purchase the entire amount of right-of--way they may require for future expansion of SH 20/26 Chinden Blvd, TTD has requested 100 feet of right of way. 2. Vegetation: Agricultural/Irrigated 3. Flood plain: NA 4. Canals/Ditches Irrigation: Simpson LateraU Harrell Lateral 5. Hazards: None Identified 6. Proposed Zoning: R-8 7. Size of Property: 38.5 acres 8. Description of Use: 187 single family residential lots f. Subdivision Plat Information 1. Residential Lots: 175 2. Non-residential Lots: 1 3. Common Lots: 11 4. Total Lots: 187 5. Gross Density: 4.55 units per acre g. Landscaping 1. Width of street buffer(s): 35 feet for gateway corridor on Chinden Blvd Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 4 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF APRIL 25, 2006 30 feet (25 required) on Ten Mile Road. 2. Width of buffer(s) between land uses: none required (all residential) 3. Percentage of site as useable open space: The applicant has defined 1.97 acres or 5.1% open space, Lot 5 Block 2, Lot 9 Block 3, Lot 9 Block 4, Lot 9 Block 5 (See section 5-h for additional analysis) 4. Other landscaping standards: The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Lot 30, Bloclc 1 shown as unused rights of way on Chinden Blvd SH2O/26 to be retained by the developer shall be landscaped with lawn or other vegetative undercover until such time as ITD has acquired the property for future roadway improvements. 10 foot pathway along Chinden to be reserved for ITD construction with SH2O/26 improvements will be contained in Lot 1 Block 1. h. Required Open Space: The open space does not meet the standards of the UDC as drawn. Please see section 9.2 of this report for UDC analysis i. Amenities: The applicant is required to provide two qualified amenities for single family residential subdivisions that are 20 to 40 acres in area. The applicant is showing qualified site amenities as follows: 11-3G-3C-1- Quality of Life Amenities -None 11-3G-3C-2 -Recreation Amenities - PooUtot lot 11-3G-3C-3 -Pedestrian Amenities -None Amenities shall be generally located in centrally accessible locations and all common areas shall be maintained by the Irvine Homeowners Association. The applicant is proposing the pool and tot lot as amenities. i. Proposed and Required Residential Standards R-8 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 20 20 Side 4 4 Rear 12 12 Street frontage - Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 With garage facing street 50 50 Lot Size -SF detached With garage facing street 5,000 5,000 Maximum Building Height 35 35 1. Proposed and Required Non-Residential Non-residential lots are to be used for amenities and open space. Lot 30 Block 1 is to be retained by the developer for future right of way acquisition. m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to Chinden is to be prohibited. Access to Silverleaf subdivision is as proposed with connections at Silver River Street, Silverspruce Avenue and Tango Creek Drive. A stub street with full services shall be provided to the property excluded at the south west listed as Stevensons property and shown as Stonepine Street. For a detailed report on the public streets and access points to public streets, please the attached staff report from the Ada County Highway District (Exhibit C). 6. AGENCY COMMENTS MEETING On February 10, 2006 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Medium Density Residential' on the North Meridian Comprehensive Plan Future Land Use Map which is under progress for adoption. The Council has heard the amendment on two occasions and will likely approve the North Meridian Comprehensive Plan Amendment on March 7, 2006. Never-the-less, the site is currently designated a Low Density Residential on the 2002 Comprehensive Plan, and the applicant has requested a step up in density. In Chapter VII of the Comprehensive Plan, medium density is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Although the proposed density (4.55 d.u./acre) is above the minimum target density of 3 d.u./acre for Low Density Residential, staff finds that the subject application conforms with the revised North Meridian Proposal purpose and intent. In the applicant's submittal letter, dated July 15, 2005 several Comprehensive Plan policies are listed (please see applicant's letter) and a step up in density is requested in compliance with the existing comprehensive designation. Staff also fords the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 6 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF APRIL 25, 2006 City Fite Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The western roadway adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The northern roadway adjacent to the subject lands are currently owned and maintained by the Idaho Transportation Department (ITD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The Idaho Transportation Department (ITD) has previously submitted letters to the City stating that their policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. Stafffinds that the proposal of no access point to Chinden Boulevard (SH2O-26) meets the location requirements ofITD. Further, stafffinds that Ten Mile Road will serve as the access point to Chinden Boulevard for all the properties in this section. ITD has conditioned the subdivision for additional rights of way along Chinden Boulevard, a redesign of the proposal dated July O5, 2005 has been submitted which shows the right-of-way line at 90 feet to center line for approximately the first S00 feet east of the centerline of Ten Mile Road. The applicant is requesting to retain Lot 30, Block 1 of the design dated January 19, 2006. This lot should be noted on the plat that it is for future right of way reservation for when ITD roadway improvements occur. The width ofri~ht ofway reservations shall be as set forth by the ITD. UDC 11-3H-3C.2 • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal N, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 35 foot wide landscape buffer with a perimeter fence and dense vegetation along Chinden Boulevard. The applicant is also proposing to construct a 30 foot wide landscape buffer along Ten Mile Road Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. The applicant will be required to enter into a license agreement with ITD for the future 10 foot multiuse pathway along SH 20/26 Chinden Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 Boulevard to allow the pathway to be constructed within the landscape buffer. Staff added conditions requiring that the applicant 1) leave an appropriate level area for the pathway and 2) plant it with sod until ITD constructs the pathway. The applicant shall provide noise abatement in compliance with UDC 11-3H-D. See Site Specific Conditions in the Preliminary Plat section below in Exhibit C. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The additional rights of way for Ten Mile and SH 20/26 Chinden Blvd. will be large enough to accommodate future pedestrian and bicycle lane as well as interconnection of sidewalks along arterial roads. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium density residential uses on the Comprehensive Plan Future Land Use Map. • Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium Density Residential on the North Meridian Future Land Use Map which identifies this area as an appropriate area for medium density residential development. This proposal meets the Comprehensive Plan definition of medium density, with a gross density of 4.SS dwelling units per acre. Staff has reviewed Irvine Subdivision under the Medium Density Residential North Meridian Future Land Use Map designation. Currently, the applicant has requested a "step up" in density from the 2002 City of Meridian Future Land Use Map. Staff supports the "step up " from low density residential to medium density residential. • "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI-5) Figure VI-S on page S7 of the Comprehensive Plan designates a bikeway mid-mile between Ten Mile Road and Black Cat Road, and between Chinden Boulevard and McMillan Road. The proposal will provide connection to Ten Mile Road which will provide interconnection to future collector streets. Stafffinds that the proposed zoning and subsequent uses (single- amily homes) will be harmonious with and in accordance with the Comprehensive Plan 8. ZONING ORDINANCE Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 8 • CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 a. Allowed Uses in the Residential Districts: UDC Table 11-2A-21ists single-family residential development uses as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8) 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. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. c. 11-3G-1: Common Open Space and Amenity Requirements The regulations of this Article are intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the street edge, and protect natural amenities. d. 11-3H-1 Development along Federal and State Highways The regulations of this Article are intended to achieve three purposes: 1) limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public, 2) to preserve right-of--way for future highway expansions, and 3) design new residential development along state highways to mitigate noise impacts associated with such roadways. 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed Single Family Residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (stamped on July 1, 2005 by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 9 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF APRIL 25, 2006 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1.5 UDC 11-SB-3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the homogenous nature of only residential uses, and the compliance with Meridian Citv Unified Development Code staff believes that a Development Agreement is not necessary to ensure that this property is developed m a fashion that is consistent with the comprehensive plan designation and does not negatively unpact nearbX~roperties If the Commission or Council feels a development agreement is necessary staff recommends a clear outline of the commitments of the developer being required. 2. PRELIlVIINARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: Connectivity (Silverleaf Subdivisions The stub street from Silverleaf Subdivision shall connect from N. Silverspruce Avenue and again from W. Tango Creek Drive. The subdivision is constrained by previous development in the areas east and south of the site and is bound by ACHD and ITD policies of interconnectivity. No direct access to Chinden Boulevard SH 20/26 is approved with this subdivision. No direct access is allowed to Ten Mile Road is approved outside of the point of connection permitted by ACHD. A new stub street has been proposed to the Stevenson property in the southwest corner of the site. This stub street shall have future connections from Stovepipe Street to the west. The Myers Property lies directly east of the site along Chinden Blvd. and by policy requires a frontage road. It is anticipated that Silver River Street will serve as the required frontage road to SH 20/26- Chinden Blvd. The stub street connection to the east of the site has been provided closer to Chinden to provide interconnectivity than required by ITD. Silver ]fiver Street shall connect through to the mid section connection to Chinden Blvd but the width of the right of way on Chinden may affect the location of the stub street. 2.2. Landscaping: Staff is generally supportive of the landscaping design with the following considerations: Perimeter fencing along Chinden Blvd shall be designed according to the noise mitigation standards found in UDC 11-3H to be maintained by the home owners association. The 30 feet of right-of--way landscaping on Ten Mile Road and 35 feet of landscaping on Chinden Boulevard shall be maintained by the Home Owners Association. A sidewalk connection along Ten Mile Road shall connect to the right of way for Chinden Blvd through Lot 30, Block 1. Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 10 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF APRIL 25, 2006 Lot 30 Block 1 shall have a clear termination defined as to the future lot line along Ten Mile Road. Prior to fmal plat the applicant shall submit a landscape plan depicting the required changes to the landscape plan as detailed by this report. 2.3 Tree Miti ation: Any tree over 4" in caliper that is removed from the properly shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. 2.4. Ditches, Laterals, and Canals• All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Settlers Irrigation District has the Harrell lateral and the Simpson Lateral on this site and has commented on the proposal as showing compliance with the required improvements. 2.5 Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, 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 11-3B-6. See Site Exhibit B below. 2.6. Fencing: The applicant is proposing to construct a minimum of a five foot tall solid fence around the perimeter of the site with five-foot open fencing along common areas. A detailed fencing plan should be submitted upon application of the final plat. Additional standards for fencing and details of fencing material shall be submitted at the time of the final plat. >f permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with City Code in effect at the time the permit is issued. Fencing on SH 20/ Chinden Blvd should comply with all ITD requirements for noise abatement and shall be placed on a 6' berm as shown on the landscape plan and meet the elevation and construction standards of TTD. The applicant shall comply with all fencing standards as listed in UDC 11- 3A-7. 2.7 Unimproved Ri~.ht-of-Wav: Meridian City Code requires a 10-foot wide gravel shoulder abutting right-of--way where the unimproved portion of the right-of--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACRD Five Year Work Program. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative groundcover. Ten Mile Road shows an 8-foot gravel shoulder where Chinden Blvd shows a 12-foot gravel edge abutting this site these dimensions meet the intent of this section with the remaining portion of the right-of--way being landscaped with lawn or other vegetative groundcover. 2.8 SH 20/26 Chinden Blvd: The applicant shall enter into an agreement with ITD to place the required sidewalk/pathway within the required landscape buffer. The applicant is not Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE I I • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 required to construct the pathway at this time. The City of Meridian does require cooperation between the applicant and ITD to resolve the details of the future 10-foot pathway as detailed by IT'D's cross section submitted with the November 15, 2005 transmittal. ITI) shall determine the required right of way width UDC 11-3H. 2.9 Amenities: UDC 11-3G requires properties with more than twenty acres to provide two or more qualified site amenities to be provided as part of each plat. The proposed amenities for the subject planned development include: open space and recreational amenities of tot lot and pool. The proposed open space is shown to make up 5.1 % of the site; an additional 5% minimum is required to qualify as an amenity. 2.9a Common Open Space: is shown by the applicant as Lot 5 Block 2, Lot 9 Block 3, Lot 9 Block 4, Lot 9 Block 5, Lot 9 Block 8, Lot13 Block 10 and Lot 11 Block 6. • Lot 5 Block 2 must be reduced by approximately 6,075 sq/ft for the parking lot to 31,767 sq ft of common open space. • Lots 9 blocks 3, 4, 5, and 8 are qualified street buffers (UDC 11-3G-3B4) for a total of (32,186x 50%)~ 16,093 square feet. • Lot 11 Block 6 does not qualify as it is not 50x100 in area (UDC 11-3G-3Bla) • Lot 13 Block 10 is an active use lot of 4,429 The total qualified open space is 55,289 sq/ft which is 3.1 percent qualified open space. 2.9b Oualified Site Amenities: Quality of Life Amenity: None Provided Recreation Amenities: Tot Lot, Swimming pool Pedestrian or bicycle circulation system amenities: None Provided. 11. EDITS A. Drawings 1. Preliminary Plat (dated: Revised January 19, 2006) 2. Landscape Plan (dated: Revised February 1, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Settlers Irrigation District C. Idaho Transportation Department letter dated October 3, 2005 D. Legal Description E. Required Findings from Zoning Ordinance Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 12 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE H~ ING DATE OF APRIL 25, 2006 A. Drawings 1. Preliminary Plat (dated: AMENDED January 19, 2006) +i 4 ~ ~' y 1.__ ~ ~ ~ ems) ° 60 t. 6 ry i ~ h 6 L ~~qq ~ x. o i 1 ~ _ ~ ~ h0 0 tm ~ ~ ~ ® h ~ / sb ~ 0 u 8 ® h ~ h 4 _ -- ®b o o & .. , h 6 -'- ate ~ --- -.. }~~~ ; . b ~ ® ® , O ~ h ~ ®[ p h 5 b ~ n( b i ° ~h .N® h ~`• i .~ h h p A ~ 0 h o 0 0 0 0 6 ® o ~ h g ® o ~ ®h a N ! N 4 h P ~ b a9 e h h 40.. ®6 ®~ ~ ~i o o h h® ~ h® ~i is b a b b o ~~ ~ - -- ahm 6 0 I ~' po. P F ~ P~ @ ® po. ao ®h v® ®, ! ~ ~~~ b b~ ~ , ~ a h a~ h a - 4 e o u o o ® - - ~- a m~.ag 1 'e ~ i~ f O e ~l ~~ .m,nr. mw u 1 o !es -~-- L "i~B ~ i' ~ j m.fmo.a,..j. . a 11 11~®e 1 7 eil~i0i, o ~ ~ ~ ~i O! ~ tl ~ A 0 ~6 Irvine Subdivision-Revised Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 2. Landscape Plan (dated: Revised February 1, 2006) .~;•. Cd=,,,..,•~ C '~?~~_ ~ ~ Q ~ ` ~ 9~ ~ t a. ~- - --_ -- _~-- _ __ - g a ~ p - - ~~ ~~, ancwas o swrrFg a ac ~ _ ~ ~ "I ~ ' - <,~, _ ,'~j~ - - _- - - -~-- - Y i - - ~ -_ _ , - _ -- ~ I, I' - -- ~ `,~, r~ :, q~ ~ ~ ~ ~ ~~ i:•r ~' ~ ' I Ja '~ ~~ I. J ~ Pp '~~ --_ j -r= r i=--~- I P I~ -~ _-f-=-~-~ _ ~=-~ -~~~ ~~f --- 9 ~~~ ~,1 ,, ~~. l ~ ~' ~~ - _ I ~ r r .L _ ` i ~~ .:I. 1 _- - i - ~- ~ _ _- -- ~ ~ ~=~ ~ _~~~ 1~ ~~~1 _-_ _ t1~ a• 4 ~~ f~ i _ ~- i ~ ~~~F,1 ,~ ,i -- - 5' ~ a -fi i _--~-T_ -~, _ -.~ -((((ilk ,~~ ~• .i ~ I , ~ ~ I. _ i~~ NII '~ ' ~ ~ I 1 i ~. ~~ ~q~r _- _ i ,~0 ,~~ ay - _ _ _ 'd--, _~ _ ___ -- • ~~ h ~~ ~ i i ~ ~ ~ - iii .~~~ ~- ~ ~ ---- _ i ~ ~ k, a ~ ¢'ad~! 6~~~~ ~; ~i f~ pl 3 i~ f`': _. h I,' ` jl r; .~I I~ ;?ti ~~, '~ Irvine Subdivision-Revised Exhibit A Page 2 CITY OF MERIDIAN PLANN G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 - - --- ~ , h k' ~~~,~~, ~m y n il~''- i! ~~ }~ z i, ~i~ ~~~9~s a _ - - j~ ~° - - - - -- a - ~ ~! l 4F4 - - - __ I ~ __ - .,. ~ I II ~ I-- I r ~ r ~I ! ,~ f ~ ~i ;~ ~~~ ~ I -- ~ - I _~~ ~__ , ~ ..,. ' ~ ~~ ~ i~ ii ~ _ _ _ ~ - - _ ~I ~I ~~ ~~~ ~,,: ~~ III. " -} V'=? j _ li i I~ i - I~ _ !i ~ -- _ -_- -- _ _-' :1 ~. _ riM I ~ ~~ Y -- ~ ' =''I ~ C ~ i ,'{-- -~- - __;~~ i ~. ~ q ~- I ~ I L __ _ , ~ _ ~ ~ ~~II ~ ~ ~ Ni` ~ I ~ I - r lit l `~~~ - T-~ - - -~~~~~ ~~~~- - I __- - ~~ -__ --__= ~ ~ '' ~: ~. I -- ^'~ _ - - ~I, II a t ~, ~ F _ __ ``S~ ._ - _ _- ~ _ . __ _ _ _ _ ~~- ' ~~~ ~ _- -- __ _ ~ Irvine Subdivision-Revised Exhibit A Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIltEMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as PP-1 prepared by Bailey Engineering, revised January 24, 2006, is approved, with the required amendments and conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-038-Revised) shall also be considered conditions of the Preliminary Plat (PP-OS-037-Revised). 1.1.2 The applicant shall construct a 30-foot landscape buffer along Ten Mile Road and a 35-foot buffer along Chinden Blvd. The sidewalks within these buffers shall be placed as to line up with existing buffers in neighboring subdivisions. 1.1.3 That the applicant shall certify that Lots 8 and 10 of Block 3 have the required 50 feet of frontage as required by UDC 11-2A. 1.1.4 That the applicant shall certify prior to final plat submission that a minimum of five (5) percent common open space has been provided in compliance with UDC 11-3G-3a.1 1.1.5 The applicant shall place a note on the plat to note that Lot 30, Block 1 of the design dated January 19, 2006 is for future right of way reservation for when ITI) roadway improvements occur and shall not be used as a reservation strip to limit access to the public right of way. The 1:TD is currently reauestine 100-feet of right-of-wav for SH 20-26 adiacent to this urouerty The apalicant shall dedicated whatever the final right-of-wav width for SH 20-26 is as determined by ITD. The apAlicant shall submit a letter from ITD if the reauired right-of- wav for SH 2O-26 is less than 100-feet. Modifv the plat accordingly. 1.1.6 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to Ten Mile Road as required by ACHD. 1.1.7 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to Chinden Boulevard as required by TTD. 1.1.8 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the changes required by this report. The submitted two-page landscape plan prepared by Bailey Engineering, dated February 1, 2006 is not approved. The following should be included in a revised landscape plan: • Lot 30, Block 1 shown as unused rights of way on shall be landscaped with lawn or other vegetative undercover until such time as ITD has acquired the property for future roadway improvements. • The pathway along Chinden Blvd shall be 10' wide. • The applicant shall provide a continuation of the Ten Mile Roadway sidewalk through Lot 30 Block 1 for pedestrian connection to Chinden Blvd SH 20/26. • The applicant shall provide a landscape design in Lot 1, Block 1 consistent with noise abatement standards for residential uses along state highways in accordance with UDC 11- 3H-D. Exhibit B Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 • All parking lot landscaping shall comply with UDC 11-3B-8 and approved with a certificate of zoning compliance. • Where the Simpson/Harrell Lateral is being covered, all vegetation shall be installed as depicted. If the Settlers Irrigation District restricts the type and quantity of vegetation, the landscape buffers shall be increased as to accommodate the plan as approved or the applicant may apply for alternative compliance. • A minimum of five percent common open space shall be provided in accordance with UDC 11-3G. • Provide a sandstone color, solid vinyl fence and slieht bermin~ (to prohibit potential drainaee infiltration) adjacent to the Stevenson's property Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning Department. 1.1.9 All road drainage shall be contained on site in the drainage swales/areas as depicted. 1.1.10 Maintenance of all common areas shall be the responsibility of the Irvine Subdivision Homeowners' Association. 1.1.11 Other than the public street access approved by ACHD, direct lot access to Chinden Boulevard and Ten Mile Road is prohibited. A note shall be placed on the final plat restricting access to Chinden Boulevard and Ten Mile Road. 1.1.12 Place a note on the face of the final plat stating that all future front garage setbacks shall be 20- feet as measured from the property line or the back of sidewalk, whichever is more restrictive. 1.1.13 All irrigation ditches, laterals or canals, exclusive of natural waterways, the Simpson Lateral and the Harrell lateral, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be covered in compliance with UDC 11-3A-6, unless otherwise approved by the City and the Irrigation District(s). 1.1.14 The applicant shall grant a pedestrian easement for the pathway within the landscape lot along Chinden Blvd. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the Exhibit B Page 2 • CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.6 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.7 Preliminary plat approval shalll be subject to the expiration provisions set forth in UDC 11-6B. 2. Public Works Department 2.1 Permanent sanitary sewer service to this development is to be provided by the undeveloped "North" Black Cat service area. The applicant proposes to sewer this development via extensions of mains in Silverleaf Subdivision, which is temporarily pumping sewage to a discharge point in N. Ten Mile Road. The applicant shall be responsible for any upgrades to the lift station that may be required. 2.2 The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in Silverleaf Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 Provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The preliminary plat shows sewer mains being installed in the common lots between the attached products. Any sewer mains located in these areas would need to be protected by a standard 20- Exhibit B Page 3 • CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 foot City of Meridian sewer easement, and free of mature landscaping. Additionally a 14-foot wide all weather access road shall be placed over the sewer main to facilitate cleaning and maintenance of the sewer system and its appurtenances. 2.6 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 evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, 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 fmal plat by the City Engineer. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 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. 2.13 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. 2.14 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. Exhibit B Page 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 2.16 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. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 All grading of the site shall be performed in conformance with city code 2.21 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. 2.22 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. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 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. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 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. Exhibit B Page 5 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 3.8 Building setbacks shall be per the International Building Code for one and two story construction. 3.9 The roadways shall be built to Ada County Highway Standazds cross section requirements and shall have a cleaz driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.10 The proposed 200-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 580 residents at build out. 3.11 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. 3.12 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.13 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 3.14 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route azound the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on Silver River Street. 4.3 Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your fmal plat application. 5. Parks Department 5.1 Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. This condition will apply to the section of pathway to be located along SH 20/Chinden Blvd. Exhibit B Page 6 CITY OF MERIDIAN PLANN• DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF APRIL 25 2006 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Speck Conditions of Approval 7.1 Dedicate a total of 48-feet ofright-of--way along Ten Mile Road and construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41-feet from the centerline of the right-of--way. 7.2 Construct the main entrance to intersect Ten Mile Road approximately 505-feet north of the south property line, as proposed. 7.3 Extend North Silverspruce Avenue into the site from the south property line (approximately 550-feet east of Ten Mile Road), as proposed. 7.4 Extend West Tango Creek Drive into the site from the east property line (approximately 240-feet north of the south property line), as proposed. 7.5 Construct a stub street (West Silver River Street) to the east property line approximately 165-feet south of State Highway 20/26 (Chinden Boulevard), as proposed. Install a sign at the terminus of the roadway that states, "this roadway will be extended in the future." 7.6 Construct W. Stonepine Street as a stub street to the west property line located approximately 120- feet north of the south property line. This stub street will serve the undeveloped 1.44-acre parcel to the west. Install a sign at the terminus of the roadway that states, "This roadway will be extended in the future." 7.7 Construct North Sunny Cove Street, North Santa Rita Avenue, North Seacliffe Avenue and North Silver River Street (from Santa Rita Avenue to North Seawind Avenue) as 34-foot street sections with rolled curb, gutter and detached 4-foot concrete sidewalks that are separated from the curb line with a 5-foot wide planter within 52-feet ofright-of--way, as proposed. Provide the District with documentation showing the review and approval of the reduced street section. Comply with the District's Tree Planter Width Interim Policy***see Finding of Fact 5 on page 6 of this report for further information regarding this policy. 7.8 Construct North Silverspruce Avenue and West Tango Creek Drive as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet ofright-of--way, as proposed. 7.9 Construct 20-foot wide alleys within the subdivision. Pave the alleys their full width of 20-feet and construct the alley intersections to be a minimum of 15-foot radu. Provide a minimum of 22-feet of clear distance from the back of the parking stall (or garage) to the opposite side of the alley. Parking in alley is prohibited. The proposed parking lots accessing the alley are acceptable and approved with this application. 7.10 Construct four knuckles without center islands within the subdivision, as proposed. Exhibit B Page 7 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 7.11 Construct a left turn lane on Ten Mile Road at the main entrance. Coordinate the design of the turn lane with District staff. 7.12 Construct a right turn lane on Ten Mile Road at the main entrance. (the turn lane must include both a taper and a lane). Coordinate the design of the turn lane and taper with District staff. 7.13 Comply with requirements of ITD for State Highway 20-26 (Chinden Boulevard) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer at 334-8340. 7.14 Other than the access point that has specifically been approved with this application, direct lot access to Ten Mile Road is prohibited. A note will be required on the final plat stating this access restriction. 7.15 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.16 Any existing irrigation facilities shall be relocated outside of the right-of--way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.17 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.18 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.19 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.20 The applicant shall submit reprised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.21 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.22 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.23 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. 7.24 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative Exhibit B Page 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.25 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Settlers' Irrigation District 8.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are Simpson Lateral (40' easement), Harrell Lateral #21 (20' easement). Contact SID for additional requirements. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- construction meeting. Exhibit B Page 9 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 Ezhibit C. Idaho Transportation Department (three pages, two comments by Sue Sullivan and one page of "Adjacent to Residential Option 1") Dated October 3, 2005. tiDpNp IDAHO TtiAtH~~~tiTATIDLLt ®EPd4tTO'4®I:t~IT * ~ P.O. Box 8028 208 ( Boise, ID 83714-1}028 ~. ~ ® ` 2005 dIA FAX O l 3 208 888 6854 $ p~ cto x:r : , - - Ar(pp 0 City of Meridian Planning Department 660 E. Wateetower, Ste. 202 raaxrarwr+e ~ Meridian, ID 83642 m'+"~~ v~n"aer Cheinnan Aeta: 3~ Guenther John x. Comoa RE: ANNEXATIONIREZONE/PRELIMINARY PLAT trrce chai»'ra" Route: US Highway 20/'x..6 Dtstrict 6 Location: SE Comer of Tw Mile tit 20126 JoM McHugh Narne: Irvine Subdivision (Dyver IJevelopment, LLC) [3isMd i en,ce Sweeney Dear Mt. Guenther, District 2 Thank you for allowing the Idaho Teanspcmla[ion Department (I'fD) the opportunity to comment on Morn® McGure [)isteict 3 the applicane"s preluninary plat for the property [mated at the SE corner of N. Ten Mile & Chinden Blvd. (US 2Ql26), Meridian, Idaho. fl'D offers the following eomments: nary Brick District a General Comment: r~eu Mine, I thought perhaps we had rteglected to comment at the annexation/rezone stage. Per today's oistrtct 5 conversation with Meridian staff, i now understand that this is the annexation/rezone stage. I do not feel as shy about requesting appropriate redesign of the subdivision. David Ekern, P.E. Oi~eclor Past comments an US 20!26 seWacks. A few developments along US 20/26 were designed, per PCD comment during 2004, eo meet a setback of 70' from the centerline of the existing highway. sue FGggms This setback would have provided enough room for l.) a painted [radian treatment or 2.) an urban Board Semetary storm sewer treaeater-t. Given the high volumes forecast for this route, we desire a wider median (28') that will provide a higher level of safety for the traveling public. The storm sewer treaUnent is not desirable due to the challenges of finding outlet oppommities. A ditch section that can detain and infiltrate some of the drainage is a more sustainable design. Study/Schedale. fI'D and COMPASS recently began the US 20/26 Corridor Study. The goal of [his study is to preserve the camdor for future capacity improvement needs (widening). The scope includes public involvement, a concept report/eorridor plan, access management, and an envuanmental document. An environmental document and funding are needed before we can proceed with right of way acquisition. The scope does not include final design, nor is there funding available to construct any widening. Developers and buyers should be made aware that improvements to US 20/26 will not happen for some ume. We have moved the design of sorter alternative typical sections forward in the project development process in an attempt to stay abreast of development and anticipate future setback needs. Any designs we show you at this time may Fre mmiified during the project design. Exhibit C Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 Recotmnendaf3ons for Irvlate Sttlxlivtsiom. I understand there is a redesigned plat. I have not sin this design yet. My comments reference a plat dated 7/5/05. The current setback to the back pro~rty line of the lots fronting US 20/2b is 105' from the centerline of the existing pavement. A desirable setback to the back prapetty line of the lots would be 135'. Compromises to the typical section could have included the following: • A storm sewer section could be accommodated in the current site design. Concerns about [his treatment have lien noted above. This is not a desirable option. The developer presented a logical argumene that we already had the 70' setback constraining our solutions. As 1 review the plats, this only significantly affects about 5~' in Silverleaf sub. We can work with thae. • The pedestrian refuge could be slightly narrowed: however, perconversations with Meridian staff tl»s was an important feature, given the pavetent widths, and we suplxert tlret. • It is possible that narrowing the ditch section could be inveseigat~l. I will not have the hydraulic design data to support chat without further design. I would be very concerned that, given the flat grades in the area., and ghat the highway ditch accepes regular reoecurring water from the landscape area, a ditch with less capacity would cause saturation of the subgrade. Frantage/Batkage ltaad Per the City of Meridian ordinance, a eollector type facility should be constructed roughly parallel to US 20/26. There is a road on the Silveeleaf plat called Kingwood. Ie appears to be the route Irvine residents would use to access the commercial area at Lochsau and also the proposed elementary school. On the Irvine plat, the same mad is called West Tango creek? West Tango Creek (aka Kingwood) should be redesigned to serve a better collcxeor function, ie. minimize, if not eliminate, any residential froneage. Traffic Impact Study Improvements at the interseceian of N. Ten Mile and US 20/26 should be considered to accotnmodate the highway entry/exit movements of vehicles resulting from the subjcee developmendapplication. The applicant should complete a Traffic Impact Study at the intersection eo assess highway impacts and to recommend what, if any, improvements (i.e. accelera6on/deceleration lanes, center turn bays, etc.) are necessary. We have not received this data to date. As noted above, no funds for these improvements by ITD are available in the near future. Any necessary improvements require an approved permit from the ITD prior to construction. Noise Abatement The developer should be required to construct noise abate~at per ordinance. Typical Seet3en. Please refer to the T}rpical Section faxed to you. Dated 1Ql3105. Titled "Adjacent to residential - Opeion 1 ". This typical would be appeopriate for this location. if you have questions, please contact me (208) 334-8955. Si~ncjerDely, ] /~ U D'u- ~ t~l d ~L°1..~ Sue Sullivan Sr. Transportation Planner ss:ah Exhibit C Page 2 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 V 3 a Y C 9y ~g ~ QE3Q@ «~~~ ... ~. 7! lggg¢ t t t y N gY 9 •R•R•R 3 . aa. a ~~ 4 N :: T 9NWlQO4 !~_ ~~~ cn - ~ - 8 a ~ se+a+as.., ~~~ _ Q~~ R ~ R ~4 a c~ .yi ~i °~ ~ ~ a[~ ~o ~m 1 ._ zz ~~ 1 ~ O m ~ M o q m a r ~ x a a Q~ ~~~ ~o~ z~~ ~~~ Oy ~m ~~ Fy&d ~ °m°z b r Exhibit C Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF APRIL 25, 2006 D. Legal Description ' SURVEY ®~v~ .~~~ ~~ she Iso Meridian, Idaho 83642 GROUP ~~, d ca 2~~~ Pnoa,e foal aa6.as~o - - - ~~~nN PUgyic - ---- Fax 0108) Ba4-5399 - ---- - ----- _ - -- - ----- MER -~ WORKS OfP . ~-------- ---- -._.----- Project No. 05-124 June 16, 2005 ' Revised August 8, 2005 Irvine Sn[tdivislon Annexation Reacrlption RUT to R-8 A parcel of land located in the West t/2 of the NW 1/4 of Section 26, T.4N., R.1 W., B.M., Ada County, Idaho, more particularly desexibed as follows: BEGINNING at the comer common to Sectioms 22, 23, 27, and the said Section 26; Thence South 89°10'58" Fast, 1313.78 feet to the West 1116 corner coon to said Sections 23 and 26; Thence South 00°29'18° West, 1317.21 feet to the NW 1/16 corner, Thence continuing and along the East tine of the SW 1/4 of tine NW I/4 South QO°29' l8" West, 60.46 feet; i Thence Norih 89°09'47" West, 1023.02 feet; Thence North 00°21' 10" East, 270.36 feet; Thence North 89°09'47" West, 287.51 feet to a point on the West line of said Section 26; Thence North 00°21' 10" East, I I Ob.88 feet to the Point of Beginning. Containing 39.71 acres, more or less. Prepared By: D. Terry Peugh, PLS faro fess'fonea! !_sand Surveyors .C. Exhibit D Page 1 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 6 E -~^ Y i ~! ]+ ~i ~! --- -- - - 1 i i i I i i i i i i ~i a~ .! i ~i I I I I I I I i I i_. ~ _.. i fl~I~I1i'I~i..m. 0 ~ ~~ IIB,~ao'E~yiil ~~ ~E a ELI I~ ~l~~ao pP~ Pe=~e°~9~ ~, d A tp m ~= ~ z ~ G+ 0 ,~, a N~ ~ ~. y n~7 ~~ 0 ~~~a ~$~ ~e ~~ e~ Exhibit D Page 2 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE H•ING DATE OF APRIL 25, 2006 E. Required Findings from Zoning Ordinance Annexation Findings: UDC 11-SB-3E Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-8 Medium Density Residential District. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. In Chapter VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; `low density' consist of single-family homes at densities of three dwelling units or less per acre. The Council finds that the requested residential zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the SE corner of Chinden Bllvd and Ten Mile Roads to be "Low Density Residential", this is also consistent with the request fora `Step-up' to the medium density residential designation and the future North Meridian Comprehensive Plan Amendment. The density proposed with the preliminary plat is consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these low density areas with a request fora `step up' in density. The Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat that proposes single-family detached residential products on the subject site (PP-OS-049- Revised dated Jan 19, 2006). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. The Council finds that the single-family homes would be allowed (permitted) within the requested R-8 district. The entire site is being proposed as residential and upon build-out the Council would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has submitted elevations for the proposed units which will be designed and constructed to meet similar architecture to the single family detached residences of the near vicinity. The Council believes that the design of these single family attached dwelling units will be compatible with the adjoining uses and transitional in nature to anticipated lower density uses north of the site in Spurwing development and the adjacent subdivisions also in the medium or low density comprehensive designations. The Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. The Council does not find that the proposed zoning/uses will not be detrimental to the public health, safety, or welfare. Further, the Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code Exhibit E Page 1 CITY OF MERIDIAN PLANN• DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF APRIL 25, 2006 provisions. The Commission and Council rely on any oral or written testimony that maybe provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, There have been no recent street improvements in the area. The abutting roadway Ten Mile Road is not in ACHD's Five Year Work Program or CIP (20-year plan) for road widening. Silver leaf and Bainbridge Subdivision to the south and west have been tentatively approved for development similar to what is being proposed with Irvine Subdivision. The subject property is generally surrounded by rural residential acreages. The Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council rely on staff s analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. The Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACRD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On February 12, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, the Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. The Council does not fmd that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (L1DC 11-SB-3.E). Due to the residential nature of the general vicinity, the proiect's conformance to the Unified Development Code. and the applicant's a~xeement to abide by the conditions of approval contained in this staff report, the Council finds that the annexation and zoning of this property to R-8 would be in the best interest of the Citv. 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Council shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. Exhibit E Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and The Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD and ITD consider road safety issues in their analysis. The Commission and Council reference any public testimony that maybe presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to improve all waterways which are existing on this site. Exhibit E Page 3 May 5, 2006 PP 05-037 MERIDIAN CITY COUNCIL MEETING MQy 9, 2006 APPLICANT Dyver Development, LLC ITEM NO. 5-H REQUEST Findings for Approval -Request for Preliminary Plat approval of 175 single-family residential building lots and 12 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision -SEC of Ten Mile Road 8~ Chinden Blvd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Affached Ftndln~s 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: ~]r~~ N j ['~C~~ Date: ~j- $ - GlD Phone: ~~j Y'3 $ - ~ Emailed: Staff Initials: ~- Materials presented at public meetings shall become property of the Clfy of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8z ORDER ~ ~~~~,~~ MAYO~~ City O,f hhI diaa Ci~.~ ,. ~ - '1~ = ~` ~ «,~~ ~~ ~ y0l.'f f _ ~~ - ,,,_, In the Matter of Annexation and Zoning of 38.5 acres from RUT (Ada County) to R-8 (Medium-Density Residential) AND Preliminary Plat approval of 175 single-family residential building lots and 12 common lots on 38.5 acres, for Irvine Subdivision, by Dyver Development, LLC. Case No(s).: REVISED AZ-05-038 and PP-05-037 For the City Council Hearing Date of: Apri125, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Apri125, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Apri125, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 25, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of Apri125, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). REVISED AZ-OS-038 / PP-OS-037 -PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of Apri125, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-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 stamped REVISED January 24, 2006, by Bailey Engineering dated January 19, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. That the apalicant will arovide a sandstone color, solid vinyl fence and slight bermin~ (to arohibit potential drainage infiltration) adiacent to the Stevenson's Aronerty. b. The applicant shall dedicated whatever the fmal right-of-wav width for SH 20-26 is. as determined by ITD. The applicant shall submit a letter from ITD if the repaired right-of-wav for SH 20-26 is less than 100-feet. Modify the slat accordingly. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of Apri125, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). REVISED AZ-OS-038 / PP-OS-037 -PAGE 2 of 4 • 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 maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 maybe 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 Apri125, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). REVISED AZ-OS-038 / PP-OS-037 -PAGE 3 of 4 C~ • By action of the City Council at its regular meeting held on the ~ ~ day of ,/ , 2006. COUNCIL MEMBER SHAUN WARDLE VOTED ~~`~~ COUNCIL MEMBER JOE BORTON VOTED__~L~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~~~w COUNCIL MEMBER KEITH BIlZD VOTED TIE BREAKER ~~ MAYOR TAMMY de WEERD VOTED ~~~ MAY~R~`'~' ° :,fie WEERD ~~.~~ ~~~a~~ ATTEST: ~ ' ., ~~ ; ~-/~ ~ WILLIAM G. BERG, JR., C CLE1~K~ ~ .,~` ~' t ~„ .~° Copy served u on: / A licant f /~~~~~'/~P°,BeluA. I~O~m~"a~9~a~~~e~~ p pp PA AA / Planning Department / Puhlic Works Department -City Attorney BY~ Dated:~~~~ Q ®~~ i Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). REVISED AZ-OS-038 / PP-OS-037 -PAGE 4 of 4 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE H•ING DATE OF APRIL 25, 2006 STAFF REPORT Hearing Date: Apri125, 2006 TO: Meridian City Council FROM: Planning Commission Staff: Joe Guenther, Associate Planner Meridian Planning Department 208-884-5533 SUBJECT Irvine Subdivision AZ-OS-038 REVISED ~~ ~'~ ~ tr~r,F 15~~I r- . I. ~.} ~ io ~,t~ca ~'•~~ s, ,~~'~ Annexation of 38.5 acres from RUT to R-8 PP-OS-037 REVISED 175 Single-family residential lots and 12 other lots CUP-OS-039- WITHDRAWN ___--___._ ~.,~...b.., _ ..~ _.,....~.,, ..,. _W.,......... ~...~ .,...,, ~..... ~...,,...,..., ~.,. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST History of item: On September 1, 2005, the Planning Commission accepted the applicant's request to continue the item until September 15, 2005. On September 15, 2005 the Planning Commission accepted the applicant's request to continue the item until October 6, 2005. On October 6, 2005 the Planning Commission accepted the applicant's request to continue the item until October 20, 2005. The Planning Commission accepted the applicant's requests to continue the item to address ITD concerns. On October 20, 2005 the Planning Commission heard the item and recommended approval of the revised preliminary plat dated September 30, 2005 to the Meridian City Council. On November 15, 2005, the City Council heard the item and recommended denial as the project was not in the best interests of the city and the lot sizes were too small. On January 3, 2006, the City Council accepted the applicant's request to reconsideration and remanded the item to the Planning Commission with direction to provide a revised preliminary plat. On January 24, 2006, the applicant submitted a revised site plan dated January 19, 2006. The applicant requested to be reviewed under the Unified Development Code and withdrew the request for a Planned Development (CUP-OS-039) under the Meridian City Code. The Planning Department scheduled the item to be heard at the March 2, 2006 Planning Commission hearing. The revised request is for annexation and zoning of 38.5 acres of land that is currently zoned RUT in Ada County. The applicant is seeking an R-8 zone (Medium Density Residential District) for the entire parcel consistent with the Unified Development Code. The applicant has submitted a revised preliminary plat for the subject property for 175 single-family lots all with detached products, and 12 common/other lots on 38.5 acres. Amenities for the development have been revised and the request no longer includes a clubhouse; useable open space has been reduced from 4.61 acres to 1.97 acres or the minimum 5% required. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on March 2, 2006. At the March 2, 2006 public hearing they moved to recommend approval. Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF APRIL 25, 2006 a. Summary of Public Hearing: i. In favor: Kevin Amax (applicant's representative) ii. In opposition: None. iii. Commenting: Jerry Stevenson iv. Staff presenting application: Joe Guenther v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. ITI) Required Right of way ii. Lot sizes consistent with Comprehensive Designation iii. Mike Myers property, stub street location iv. Open space requirements v. Acceptance of the CUP withdrawal. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the subject annexation and zoning (AZ-OS-038-Revised), preliminary plat (PP-OS-037-Revised) for the reasons listed herein and subject to the conditions of approval listed. The applicant proposes to sewer this development via extensions of mains in Silverleaf Subdivision, which is temporarily pumping sewage to a discharge point in N. Ten Mile Road. The applicant shall be responsible for any upgrades to the lift station that maybe required. The Meridian City Council heard the item on November 15, 2005. At the public hearing they moved to recommend denial, on January 3, 2006 the Meridian City Council remanded the revised Irvine Subdivision to the Planning Commission. Staff has reviewed the revised design dated January 19, 2006 and submitted comments as detailed in the staff report dated March 2, 2006. On March 2, 2006 the Planning Commission recommended approval of the revised design as detailed in this report dated April X25, 2006 Staff requests that the Council consider recommending a redraw of the Irvine Subdivision to incorporate the ITD response and required open space as detailed in this report. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number(s) AZ- OS-038/PP-OS-037 as presented in the staff report for the hearing date of Apri125, 2006, and the preliminary plat labeled PP-1, dated January 19, 2006 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 Number(s) AZ-OS- 038/PP-OS-037 as presented in the staff report for the hearing date of April 25, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat and you must state specific reason(s) for denial of the conditional use permit.) Continuance Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE•ING DATE OF APRIL 25, 2006 After considering all staff, applicant and public testimony, I move to continue File Number(s) AZ-OS-038/PP-OS-037 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SE corner of Ten Mile Road and Chinden Road 4N1 W26 b. Owner Dwyer Development, LLC 36 E. Pine Street Meridian, Idaho 83642 c. Applicant: Shawn Nickel Land Consultants Inc. 52 N. 2nd street Eagle, Idaho, 83616 d. Representative: Shawn Nickel, Land Consultants, Inc e. Present Zoning: COiJNTY- RUT f. Present Comprehensive Plan Designation: Medium Density Residential- North Meridian Comprehensive Plan Amendment g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit Al ): Revised January 19, 2006. 2. Date of landscape plan (attached as Exhibit A2): Revised February 1, 2006 h. Applicant's Statement/Justification: The proposed overall density (4.55 dwellings per acre) of the project complies with the City's designation of Medium Density Residential, which allows for residential densities which allows 3 to 8 dwellings per acre. We believe the use of the project will provide a development which will complement the surrounding land uses and will be a continuation of the Silverleaf project south and east of the site. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: Council -March 20, 2006 and Apri13, 2006 Planning Commission -February 13, 2006 and February 27, 2006 d. Radius notices mailed to properties within 300 feet on: Council -March 31, 2006 Planning Commission -February 3, 2006 Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H•ING DATE OF APRIL 25, 2006 e. Applicant posted notice on site by: February 16, 2006 5. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: AgriculturaWrbanizing c. Adjacent Land Use and Zoning 1. North: Agricultural Ada County RR, Spurwing Golf Course 2. East: AgriculturaUResidential Silverleaf Subdivision -Meridian City R-4 and Ada County RUT 3. South: Single Family Residential Silverleaf Subdivision -Meridian City R-4 4. West: Agriculltural Ada County RUT -Future Bainbridge Subdivision Meridian City R-8/PD d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Silveleaf Subdivision_ Location of water: Extension of mains in Silverleaf Subdivision and Ten Mile Road Issues or concerns: The future rights-of--way along SH 20/26 Chinden Blvd are under consultant review by TTD for future requirements for acquisition. ITD has stated they are not able to purchase the entire amount ofright-of--way they may require for future expansion of SH 20/26 Chinden Blvd, TI'D has requested 100 feet of right of way. 2. Vegetation: AgriculturaUIrrigated 3. Flood plain: NA 4. Canals/Ditches Irrigation: Simpson LateraU Harrell Lateral 5. Hazards: None Identified 6. Proposed Zoning: R-8 7. Size of Property: 38.5 acres 8. Description of Use: 187 single family residential lots f. Subdivision Plat Information 1. Residential Lots: 175 2. Non-residential Lots: 1 3. Common Lots: 11 4. Total Lots: 187 5. Gross Density: 4.55 units per acre g. Landscaping 1. Width of street buffer(s): 35 feet for gateway corridor on Chinden Blvd Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 4 CITY OF MERIDIAN PLANNIRG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 30 feet (25 required) on Ten Mile Road. 2. Width of buffer(s) between land uses: none required (all residential) 3. Percentage of site as useable open space: The applicant has defined 1.97 acres or 5.1 % open space, Lot 5 Block 2, Lot 9 Block 3, Lot 9 Block 4, Lot 9 Block 5 (See section 5-h for additional analysis) 4. Other landscaping standazds: The landscape azchitect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Lot 30, Block 1 shown as unused rights of way on Chinden Blvd SH2O/26 to be retained by the developer shall be landscaped with lawn or other vegetative undercover until such time as ITD has acquired the property for future roadway improvements. 10 foot pathway along Chinden to be reserved for ITD construction with SH2O/26 improvements will be contained in Lot 1 Block 1. h. Required Open Space: The open space does not meet the standazds of the UDC as drawn. Please see section 9.2 of this report for UDC analysis i. Amenities: The applicant is required to provide two qualified amenities for single family residential subdivisions that aze 20 to 40 acres in area. The applicant is showing qualified site amenities as follows: 11-3G-3C-1 -Quality of Life Amenities -None 11-3G-3C-2 -Recreation Amenities - PooUtot lot 11-3G-3C-3 -Pedestrian Amenities -None Amenities shall be generally located in centrally accessible locations and all common areas shall be maintained by the Irvine Homeowners Association. The applicant is proposing the pool and tot lot as amenities. i. Proposed and Required Residential Standards R-8 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 20 Street side 20 20 Side 4 4 Rear 12 12 Street frontage - Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 5 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE H•ING DATE OF APRIL 25, 2006 With garage facing street 50 50 Lot Size -SF detached With garage facing street 5,000 5,000 Maximum Building Height 35 35 1. Proposed and Required Non-Residential Non-residential lots aze to be used for amenities and open space. Lot 30 Block 1 is to be retained by the developer for future right of way acquisition. m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to Chinden is to be prohibited. Access to Silverleaf subdivision is as proposed with connections at Silver River Street, Silverspruce Avenue and Tango Creek Drive. A stub street with full services shall be provided to the property excluded at the south west listed as Stevensons property and shown as Stonepine Street. For a detailed report on the public streets and access points to public streets, please the attached staff report from the Ada County Highway District (Exhibit C). 6. AGENCY COMMENTS MEETING On February 10, 2006 staff held an agency comments meeting, all agencies attending pro~rided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Medium Density Residential' on the North Meridian Comprehensive Plan Future Land Use Map which is under progress for adoption. The Council has heard the amendment on two occasions and will likely approve the North Meridian Comprehensive Plan Amendment on March 7, 2006. Never-the-less, the site is currently designated a Low Density Residential on the 2002 Comprehensive Plan, and the applicant has requested a step up in density. In Chapter VII of the Comprehensive Plan, medium density is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Although the proposed density (4.55 d.u./acre) is above the minimum tazget density of 3 d.u./acre for Low Density Residential, staff finds that the subject application conforms with the revised North Meridian Proposal purpose and intent. In the applicant's submittal letter, dated July 15, 2005 several Comprehensive Plan policies are listed (please see applicant's letter) and a step up in density is requested in compliance with the existing comprehensive designation. Staff also fmds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The western roadway adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The northern roadway adjacent to the subject lands are currently owned and maintainea~ by the Idaho Transportation Department (ITD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets: ' (Chapter VII, Goal IV, Objective D, Action item 2) The Idaho Transportation Department (ITD) has previously submitted letters to the City stating that their policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. Stafffinds that the proposal of no access point to Chinden Boulevard (SH2O-26) meets the location requirements ofI7D. Further, stafffinds that Ten Mile Road will serve as the access point to Chinden Boulevard for all the properties in this section. ITD has conditioned the subdivision for additional rights of way along Chinden Boulevara! a redesign of the proposal dated July OS, 2005 has been submitted which shows the right-of-way line at 90 feet to center line for approximately the first 500 feet east of the centerline of Ten Mile Road The applicant is requesting to retain Lot 30, Block 1 of the design dated January 19, 2006. This lot should be noted' on the plat that it is for future right of way reservation for when ITD roadway improvements occur. The width ofri~ht ofwav reservations shall be as set orth by the ITD. UDC 11-3H-3C.2 • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 35 foot wide landscape buffer with a perimeterfence and dense vegetation along Chinden Boulevard. 7'he applicant is also proposing to construct a 30 foot wide landscape buffer along Ten Mile Road. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. The applicant will be required to enter into a license agreement with ITD for the future 10 foot multiuse pathway along SH 20/26 Chinden Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 7 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF APRIL 25, 2006 Boulevard to allow the pathway to be constructed within the landscape buffer. Staff added conditions requiring that the applicant 1) leave an appropriate level area for the pathway and 2) plant it with soa' until ITD constructs the pathway. The applicant shall provide noise abatement in compliance with UDC 11-3H-D. See Site Speck Conditions in the Preliminary Plat section below in Exhibit C. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The additional rights of way for Ten Mile and SH 20/26 Chinden Blvd. will be large enough to accommodate future pedestrian and bicycle lane as well as interconnection of sidewalks along arterial roads. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium density residential uses on the Comprehensive Plan Future Land Use Map. • Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium Density Residential on the North Meridian Future Land Use Map which identifies this area as an appropriate area for medium density residential development. This proposal meets the Comprehensive Plan definition of medium density, with a gross density of 4.55 dwelling units per acre. Staff has reviewed Irvine Subdivision under the Medium Density Residential North Meridian Future Land Use Map designation. Currently, the applicant has requested a "step up" in density from the 2002 City of Meridian Future Land Use Map. Staff supports the "step up" from low density residential to medium density residential. "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI-5) Figure VI-S on page 57 of the Comprehensive Plan designates a bikeway mid-mile between Ten Mile Road and Black Cat Road, and between Chinden Boulevard and McMillan Road. The proposal will provide connection to Ten Mile Road which will provide interconnection to future collector streets. Stafffinds that the proposed zoning and subsequent uses (single- amily homes) will be harmonious with and in accordance with the Comprehensive Plan 8. ZONING ORDINANCE Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 a. Allowed Uses in the Residential Districts: UDC Table 11-2A-21ists single-family residential development uses as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8) 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. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. a 11-3G-1: Common Open Space and Amenity Requirements The regulations of this Article are intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the street edge, and protect natural amenities. d. 11-3H-1 Development along Federal and State Highways The regulations of this Article are intended to achieve three purposes: 1) limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public, 2) to preserve right-of--way for future highway expansions, and 3) design new residential development along state highways to mitigate noise impacts associated with such roadways. 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed Single Family Residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (stamped on July 1, 2005 by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. [wine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE•ING DATE OF APRIL 25, 2006 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1.5 UDC 11-SB-3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the homogenous nature of only residential uses, and the compliance with Meridian City Unified Development Code staff believes that a Development Agreement is not necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearbyproperties. If the Commission or Council feels a development agreement is necessary staff recommends a clear outline of the commitments of the developer being required. 2. PRELIlVIINARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: Connectivity(Silverleaf Subdivisionsl: The stub street from Silverleaf Subdivision shall connect from N. Silverspruce Avenue and again from W. Tango Creek Drive. The subdivision is constrained by previous development in the areas east and south of the site and is bound by ACRD and ITD policies of interconnectivity. No direct access to Chinden Boulevard SH 20/26 is approved with this subdivision. No direct access is allowed to Ten Mile Road is approved outside of the point of connection permitted by ACHD. A new stub street has been proposed to the Stevenson property in the southwest corner of the site. This stub street shall have future connections from Stonepipe Street to the west. The Myers Property lies directly east of the site along Chinden Blvd. and by policy requires a frontage road. It is anticipated that Silver River Street will serve as the required frontage road to SH 20/26- Chinden Blvd. The stub street connection to the east of the site has been provided closer to Chinden to provide interconnectivity than required by ITD. Silver River Street shall connect through to the mid section connection to Chinden Blvd but the width of the right of way on Chinden may affect the location of the stub street. 2.2. Landscaping: Staff is generally supportive of the landscaping design with the following considerations: Perimeter fencing along Chinden Blvd shall be designed according to the noise mitigation standards found in UDC 11-3H to be maintained by the home owners association. The 30 feet of right-of--way landscaping on Ten Mile Road and 35 feet of landscaping on Chinden Boulevard shall be maintained by the Home Owners Association. A sidewalk connection along Ten Mile Road shall connect to the right of way for Chinden Blvd through Lot 30, Block 1. Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 10 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF APRIL 25, 2006 Lot 30 Block 1 shall have a clear termination defined as to the future lot line along Ten Mile Road. Prior to final plat the applicant shall submit a landscape plan depicting the required changes to the landscape plan as detailed by this report. 2.3 Tree Mitigation: Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. 2.4. Ditches, Laterals. and Canals: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Settlers Irrigation District has the Harrell lateral and the Simpson Lateral on this site and has commented on the proposal as showing compliance with the required improvements. 2.5 Pressure Irri ation: 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 11-3B-6. See Site Exhibit B below. 2.6. Fencing: The applicant is proposing to construct a minimum of a five foot tall solid fence around the perimeter of the site with five-foot open fencing along common areas. A detailed fencing plan should be submitted upon application of the final plat. Additional standards for fencing and details of fencing material shall be submitted at the time of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with City Code in effect at the time the permit is issued. Fencing on SH 20/ Chinden Blvd should comply with all ITD requirements for noise abatement and shall be placed on a 6' berm as shown on the landscape plan and meet the elevation and construction standards of TTD. The applicant shall comply with all fencing standards as listed in UDC 11- 3A-7. 2.7 Unimproved Right-of-Wad Meridian City Code requires a 10-foot wide gravel shoulder abutting right-of--way where the unimproved portion of the right-of--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative groundcover. Ten Mile Road shows an 8-foot gravel shoulder where Chinden Blvd shows a 12-foot gravel edge abutting this site these dimensions meet the intent of this section with the remaining portion of the right-of--way being landscaped with lawn or other vegetative groundcover. 2.8 SH 20/26 Chinden Blvd: The applicant shall enter into an agreement with TTD to place the required sidewalk/pathway within the required landscape buffer. The applicant is not Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 11 CITY OF MERIDIAN PLANN• DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF APRIL 25 2006 required to construct the pathway at this time. The City of Meridian does require cooperation between the applicant and ITD to resolve the details of the future 10-foot pathway as detailed by TI'D's cross section submitted with the November 15, 2005 transmittal. ITD shall determine the required right of way width UDC 11-3H. 2.9 Amenities: UDC 11-3G requires properties with more than twenty acres to provide two or more qualified site amenities to be provided as part of each plat. The proposed amenities for the subject planned development include: open space and recreational amenities of tot lot and pool. The proposed open space is shown to make up 5.1 % of the site; an additional 5% minimum is required to qualify as an amenity. 2.9a Common Open Space: is shown by the applicant as Lot 5 Block 2, Lot 9 Block 3, Lot 9 Block 4, Lot 9 Block 5, Lot 9 Block 8, Lot13 Block 10 and Lot 11 Block 6. • Lot 5 Block 2 must be reduced by approximately 6,075 sq/ft for the parking lot to 31,767 sq ft of common open space. • Lots 9 blocks 3, 4, 5, and 8 are qualified street buffers (LJDC 11-3G-3B4) for a total of (32,186x 50%) 16,093 square feet. • Lot 11 Block 6 does not qualify as it is not 50x100 in area (UDC 11-3G-3Bla) • Lot 13 Block 10 is an active use lot of 4,429 The total qualified open space is 55,289 sq/ft which is 3.1 percent qualified open space. 2.9b Oualified Site Amenities• Quality of Life Amenity: None Provided Recreation Amenities: Tot Lot, Swimming pool Pedestrian or bicycle circulation system amenities: None Provided. 11. EI~T.HII3ITS A. Drawings 1. Preliminary Plat (dated: Revised January 19, 2006) 2. Landscape Plan (dated: Revised February 1, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Settlers Irrigation District C. Idaho Transportation Department letter dated October 3, 2005 D. Legal Description E. Required Findings from Zoning Ordinance Irvine Subdivision-REVISED AZ-OS-038/PP-OS-037 PAGE 12 CITY OF MERIDIAN PLANN• DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF APRIL 25, 2006 A. Drawings 1. 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Landscape Plan (dated: Revised February 1, 2006) .~~;;. .1<,,, „ ,~ ~ ~ ~~ ~ ~ ~ ~ -_ _ _ _- ,.~f A ,~ q U -~ I~ _ {` ___ e~ u! \\\ ' '_ ', it 7C N ~ ~ ~ , e,. ~~~ ~~ P.cxi~e o eaoots ~ we ~ ~ ~ ~~ S ~ i, ~ .- - I ~I it F E _ __ ~ ~~ r - - _ - T = ~_ -_ : I ~.J j ~ F N ~, i i ~ a ~ ~,~ __ - ii ~ i J ~ ~~~~ ~; - ~ ~ *~~~~ 3 T --~ ~ -~- ~~ - -L----~- -~ ! ~ ~ ~ -- - - ~. . , -- ~" ~1 ~___ _ ~ I C --- ,. ~ ~_ . ,.. u ~ -- 1a?1 ,r r -~--- --~ -- _- - __ - ~. ~ ! a '~ --~-= ~ , ;_ _ -fir - s ~F' a ~~ ~ 'pl I I i 4 C I , ~ I ~ i~~~ ~~~ -- ~ ~ t~ l~ 9'~ ~~~ '' __~ I; 1 t~ `~I ~~ i~ ;i e J! 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I ~r r~i• I a I ~~. _ - ~'~ ~' ---- --~ -- - ~ i - ~ .l!' ~L~ ~ ,, ,,,, -- ~~', ~ I ~I ~~~~ ~~~, it ~ , ` ~- s ~~~ '~ ~ { .i~- ---~_ ---- ~~- i~~--~- ~-- ~~ --jp ~~~-J - - ~_ I N ~i is ? @ ~ ._ ~ ~ _ _ I ~ `-~ ~~ ~~ _. ~-~ -. ~m~1' - -- - --- i~~h g~ - I "~ .i h i ~ t ~ ~~ I Z m ~~ -- - ,- _ _ ~ ` ~ 11;~_ ~ - --- - - ~ y ~ h ~ 9,88 ~~,~,~80 ~ ~k8;~ ® _ .- _ .._. _ ' _. _~_ Irvine Subdivision-Revised Exhibit A Page 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as PP-1 prepared by Bailey Engineering, revised January 24, 2006, is approved, with the required amendments and conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-038-Revised) shall also be considered conditions of the Preliminary Plat (PP-OS-037-Revised). 1.1.2 The applicant shall construct a 30-foot landscape buffer along Ten Mile Road and a 35-foot buffer along Chinden Blvd. The sidewalks within these buffers shall be placed as to line up with existing buffers in neighboring subdivisions. 1.1.3 That the applicant shall certify that Lots 8 and 10 of Block 3 have the required 50 feet of frontage as required by UDC 11-2A. 1.1.4 That the applicant shall certify prior to final plat submission that a minimum of five (5) percent common open space has been provided in compliance with UDC 11-3G-3a.1 1.1.5 The applicant shall place a note on the plat to note that Lot 30, Block 1 of the design dated January 19, 2006 is for future right of way reservation for when TTD roadway improvements occur and shall not be used as a reservation strip to limit access to the public right of way. The ITD is currently reauesting 100-feet of right-of-wav for SH 20-26 adiacent to this nronerty. The .applicant shall dedicated whatever the final right-of--wav width for SH 2O-26 is, as determined by ITD. The applicant shall submit a letter from TrD if the reauired right-of- wav for SH 2O-26 is less than 100-feet. Modify the plat accordingly. 1.1.6 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to Ten Mile Road as required by ACHD. 1.1.7 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to Chinden Boulevard as required by IT'D. 1.1.8 A landscape plan shall be submitted prior to fmal plat showing the landscaping in relation to the changes required by this report. The submitted two-page landscape plan prepared by Bailey Engineering, dated February 1, 2006 is not approved. The following should be included in a revised landscape plan: • Lot 30, Block 1 shown as unused rights of way on shall be landscaped with lawn or other vegetative undercover until such time as ITI) has acquired the property for future roadway improvements. • The pathway along Chinden Blvd shall be 10' wide. • The applicant shall provide a continuation of the Ten Mile Roadway sidewalk through Lot 30 Block 1 for pedestrian connection to Chinden Blvd SH 20/26. • The applicant shall provide a landscape design in Lot 1, Block 1 consistent with noise abatement standards for residential uses along state highways in accordance with UDC 11- 3H-D. Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 • All parking lot landscaping shall comply with UDC 11-3B-8 and approved with a certificate of zoning compliance. • Where the Simpson/Harrell Lateral is being covered, all vegetation shall be installed as depicted. If the Settlers Irrigation District restricts the type and quantity of vegetation, the landscape buffers shall be increased as to accommodate the plan as approved or the applicant may apply for alternative compliance. • A minimum of five percent common open space shall be provided in accordance with UDC 11-3G. • Provide a sandstone color. solid vinyl fence and slight berming (to prohibit potential drainage infiltration adiacent to the Stevenson's property. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning Department. 1.1.9 All road drainage shall be contained on site in the drainage swales/areas as depicted. 1.1.10 Maintenance of all common areas shall be the responsibility of the Irvine Subdivision Homeowners' Association. 1.1.11 Other than the public street access approved by ACHD, direct lot access to Chinden Boulevard and Ten Mile Road is prohibited. A note shall be placed on the final plat restricting access to Chinden Boulevard and Ten Mile Road. 1.1.12 Place a note on the face of the final plat stating that all future front garage setbacks shall be 20- feet as measured from the property line or the back of sidewalk, whichever is more restrictive. 1.1.13 All irrigation ditches, laterals or canals, exclusive of natural waterways, the Simpson Lateral and the Harrell lateral, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be covered in compliance with UDC 11-3A-6, unless otherwise approved by the City and the Irrigation District(s). 1.1.14 The applicant shall grant a pedestrian easement for the pathway within the landscape lot along Chinden Blvd. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the Exhibit B Page 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.6 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B. Z. Public Works Department 2.1 Permanent sanitary sewer service to this development is to be provided by the undeveloped "North" Black Cat service area. The applicant proposes to sewer this development via extensions of mains in Silverleaf Subdivision, which is temporarily pumping sewage to a discharge point in N. Ten Mile Road. The applicant shall be responsible for any upgrades to the lift station that may be required. 2.2 The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in Silverleaf Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 Provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The preliminary plat shows sewer mains being installed in the common lots between the attached products. Any sewer mains located in these areas would need to be protected by a standard 20- Exhibit B Page 3 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HEA-RING DATE OF APRIL 25, 2006 foot City of Meridian sewer easement, and free of mature landscaping. Additionally a 14-foot wide all weather access road shall be placed over the sewer main to facilitate cleaning and maintenance of the sewer system and its appurtenances. 2.6 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 "fmal draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, 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 fmal plat by the City Engineer. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 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. 2.13 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. 2.14 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. Exhibit B Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 2.16 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. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 All grading of the site shall be performed in conformance with city code 2.21 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. 2.22 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. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 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. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 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. Exhibit B Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 3.8 Building setbacks shall be per the International Building Code for one and two story construction. 3.9 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.10 The proposed 200-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 580 residents at build out. 3.11 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. 3.12 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.13 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 3.14 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped thr®ughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on Silver River Street. 4.3 Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your fmal plat application. 5. Parks Department 5.1 Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. This condition will apply to the section of pathway to be located along SH 20/Chinden Blvd. Exhibit B Page 6 CITY OF MERIDIAN PLANN• DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF APRIL 25, 2006 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions ofApproval 7.1 Dedicate a total of 48-feet ofright-of--way along Ten Mile Road and construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41-feet from the centerline of the right-of--way. 7.2 Construct the main entrance to intersect Ten Mile Road approximately 505-feet north of the south property line, as proposed. 7.3 Extend North Silverspruce Avenue into the site from the south property line (approximately 550-feet east of Ten Mile Road), as proposed. 7.4 Extend West Tango Creek Drive into the site from the east property line (approximately 240-feet north of the south property line), as proposed. 7.5 Construct a stub street (West Silver River Street) to the east property line approximately 165-feet south of State Highway 20/26 (Chinden Boulevard), as proposed. Install a sign at the terminus of the roadway that states, "this roadway will be extended in the future." 7.6 Construct W. Stonepine Street as a stub street to the west property line located approximately 120- feet north of the south property lane. This stub street will serve the undeveloped 1.44-acre parcel to the west. Install a sign at the terminus of the roadway that states, "This roadway will be extended in the future." 7.7 Construct North Sunny Cove Street, North Santa Rita Avenue, North Seacliffe Avenue and North Silver River Street (from Santa Rita Avenue to North Seawind Avenue) as 34-foot street sections with rolled curb, gutter and detached 4-foot concrete sidewalks that are separated from the curb line with a 5-foot wide planter within 52-feet ofright-of--way, as proposed. Provide the District with documentation showing the review and approval of the reduced street section. Comply with the District's Tree Planter Width Interim Policy***see Finding of Fact 5 on page 6 of this report for further information regarding this policy. 7.8 Construct North Silverspruce Avenue and West Tango Creek Drive as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet ofright-of--way, as proposed. 7.9 Construct 20-foot wide alleys within the subdivision. Pave the alleys their full width of 20-feet and construct the alley intersections to be a minimum of 15-foot radii. Provide a minimum of 22-feet of clear distance from the back of the parking stall (or garage) to the opposite side of the alley. Parking in alley is prohibited. The proposed parking lots accessing the alley are acceptable and approved with this application. 7.10 Construct four knuckles without center islands within the subdivision, as proposed. Exhibit B Page 7 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 7.11 Construct a left turn lane on Ten Mile Road at the main entrance. Coordinate the design of the turn lane with District staff. 7.12 Construct a right turn lane on Ten Mile Road at the main entrance. (the turn lane must include both a taper and a lane). Coordinate the design of the turn lane and taper with District staff. 7.13 Comply with requirements of ][TD for State Highway 20-26 (Chinden Boulevard) frontage. Submit to the District a letter from IT'D regarding said requirements prior to District approval of the fmal plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer at 334-8340. 7.14 Other than the access point that has specifically been approved with this application, direct lot access to Ten Mile Road is prohibited. A note will be required on the final plat stating this access restriction. 7.15 Comply with all Standard Conditions of Approval. .Standard Conditions of Approval 7.16 Any existing irrigation facilities shall be relocated outside of the right-of--way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.17 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.18 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.19 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.20 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.21 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.22 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.23 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.24 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative Exhibit B Page 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.25 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Settlers' Irrigation District 8.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are Simpson Lateral (40' easement), Harrell Lateral #21 (20' easement). Contact SID for additional requirements. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- construction meeting. Exhibit B Page 9 CITY OF MERIDIAN PLANN• DEPARTMENT STAFF REPORT FOR THE H•ING DATE OF APRIL 25, 2006 Ezhibit C. Idaho Transportation Department (three pages, two comments by Sue Sullivan and one page of "Adjacent to Residential Option 1") Dated October 3, 2005. ~®ANa IDAHO TRAWSPl9R'PATION DtD+ART®gt~'r * * P.O. Box 802$ Boisn, iD 83714-8028 (~) 334-83U0 ~ itd.idaho.gov ~~ Q1 October 3, 2005 RIIA FAX: 208-888-6854 ttN ~ City of Meridian Planning Department 660 E. Watertower, Ste. 202 eonea Meridian, )D 83642 ~`~ ~'~r Attn: Joe Guenther Gnaumen ,total x. combo RE: ANNEXATION/RE20NFJPRELIli4INARY PLAT ~~ cam" Route: US Highway 20/26 Dfstrid s Location: SE Comer of Ten Mife do 20!26 .totm ~~fi Nam: Irvine Subdivision (Dyver Development, LLC) Dlshtsl 1 enxa Sweaney Dear Mr. Guenther, Dtsfriet 2 aaome ~~~ Thank you for allowing the Idaho Transpo-taeion Departe~nt (TI`D) the opportunity to comment on p, s the applicant's prelitnittary plat for the pra~rty bated at the SE comae of N. Ten Mile & Chinden Blvd. (tIS 20126), Meridian, Idaho. 1'fD offers the following conuttents: Gary Bltck txsutct ~ General Commend hleil A4iUer I thought perhaps we had neglected to comment at the annexation/rewne stage. Per today's Distrfct ~ conversation with Meridian staff, T now understand that this is the annexadonlrezone stage. I do am feel as shy about requesting appropriate redesign of ehe subdivision. Qavld Ekern, P.E Oirecrar Pam eanmtents on US 28/26 setbacks. A few developments along US 20/26 were designed, per fl'D comment during 2004, eo meet a setback of 70' from the ceneerline of the existing highway. sue tiiggms This setback would have ovided en room for 1.) a ) eoard5ecietery pr ough painted median treatment or 2. an urban storm sewer treatment. Given the high volumes forecast for this route, we desire a wider median (28') that will provide a higher level of safety for the traveling public. The storm sewer treatment is not desirable due to the challenges of finding outlet opportunities. A ditch section that can detain and infiltrate some of the drainage is a more sustainable design. Study/Schedule. ITD and COMPASS recently began the US 20126 Corridor Study. The goal of this study is to preserve the corridor for future capacity improvement needs (widening). The scope includes public involvement, a concept repordcorridor plan, access rt~nagement, and an environmental dacu~nt. An environmental docur-n:nt and funding are needed before we can proceed with right of way acquisition. The scope does not include final design, nor is there funding available to construct any widening. Developers and buyers should be made aware that improvements to US 20f26 will not happen for same time. We have moved the design of some alternative tppical sections forward in the project devetapr-rent process in an attempt to stay abreast of development and anticipate future setback needs. Any designs we show you at this time may be m~iified during the project design. Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H•ING DATE OF APRIL 25, 2006 Rearonmtendations for Irvine Su6dly~ton. I undeestand there is a redesigned plat. I have not seen this design yet. My comments reference a plat dated 7/5/05. The currette setback to the back property line of the lots fronting US 20/26 is 105' from the centerline of the existing pavement. A desirable setback to the back property line off the tots wouhi be 135'. Compromises to the typical section could have included the following: • A storm sewer section could be accommodated in the currem sire design. Concerns about this treatment have been noted above. This is not a desirable option. The developer presented a logical argutr~ene ehat we already had the 70' setback constraining oar solutions. As I review the plats, this only significantly affects about 50(I' Silverleaf sub. We can work with that. • The pedestrian refuge could be slightly narrowed; however, per conversations with Meridian staff this was an important feature, given the pavetnt widths, and we support that. • It is possible that narrowing the ditch section could be investigated. 1 will not have the hydraulic design data to support that without further design. I would be very concerned that, given the flat grades in the area, and that the highway ditch accepts regular reoccurring water From the landscape area, a ditch with less capacity would cause saturation of the subgrade. Frautage/Backage Road Per the City of Meridian ordinance, a colleceor type facility should ~ constructed roughly parallel to US 20/26. There is a road an the Silverleaf plat called Kingwood. le appears to be the route Irvine residents would use to access the comtt~reial area at Lochsau and also the proposed elert~ntary school. On the Irvine pia4 the same road is called West Tango creek? West Tango Creek (aka Kingwood) should be redesigned to serve a better colleceor function, ie. minimize, if not eliminate, any residential frontage. Teak Impact Study Improvements at the intersection of N. Ten Mile and US 20P26 should be considered to accomm~ate the highway entrylexit movements of vehicles resuhiag from the subject development/application. The applicant should complete a Traffic Impact Study at the iatetsecdon to assess highway impacts and to recommend what, if any, improvements (i.e. acceleration/deceleradon lames, center turn bays, etc.) are necessary. We have not received this data to date. As noted above, ao funds for these improvements by fl'D are available in the near future. Any necessary improvements require an approved permit from the ITD prior to construction, Noise Abatement The developer should be required w construct noise abatenn'nt per ordinance. Typit~l Seetlon. Please refer to the Typical Section faxed to you. Dated 1013/O5. Titled "Adjacent to residential - Optian 1". This typical would be appropriate for this location. If you have questions, please contact me (2II8) 334-8955 Sincerely, Sue Sullivan Sr. Transportation Planner ss:ah Exhibit C Page 2 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 ~i p • ~: q '9 ~~ N - -~ _ ~ e _ a ~~~ ~f~ ,~° ~ .~ .o .~ oa .~~.m zZ N~ O m N O z .., a r 3 ~_ a N a ~~~ 0,~,, ~x~ w„ ~;,~.~ von °zm~ zH ~~~ O~ ~m A N~ t-P-+ F °mz z .i a r Exhibit C Page 3 CITY. OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H•ING DATE OF APRIL 25 2006 D. Legal Description ~~ SURVEY ~~1~~ ~1 av ~ Iso McNdian, Idaho 83642 ~ GROUP ~~~ p u ~0~~ Fhone IZOe) 846-8570 ~ _ ___ - --- - --- ------ ----- tAERl91AN~111~ C ~--__ SOEP ~ (2Q8) 8&t-5399 ..-----.._..~._.~ . WORK __. Project No. 05-124 June 16, 2005 Revised August s, 2006 Irvine snbdivisi®n Annezation Descrlptlon RUT to R-8 A parcel of lazul Iocated in the West 1/2 ofthe NW t/4 of Section 26, T.4N., R.1 W., B.M., Ada County. Idaho, more par(icularly descn'6ed as follows: BEGINNING at the carver common to Sections 22, 23, 27, and the said Section 26; Thence South 89°10'58" Fast, 1313.78 feet to the West 1/16 corner conmion to said Sections 23 and 26; ` Thence Sauth 00°29' 18" West, 1317.21 fleet to the NW 1/16 corner, Thence continuing and along the East line of the SW I l4 of Une NW 114 South 00°29'18" West, 60.46 Beet; Thence North 89°09'47" West, 1023.02 feet; Thence North 00°21' 10" East, 270.36 feet; Thence North 89°09'47" West, 287.5 l feet to a point an the West line of said Section 26; Thence North 00°21' 10" East, 1106.88 feet to the Point of Beginning, Containing 39,71 acres, more or less. Prepared By: D. Terry Pengh, PLS Pro fesstor-ol Land Surveyors Exhibit D Page 1 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 ~° e 3 - ~$ i ~j a ~~ r_--`®"-- - - - 1 I I I I I I ~I ~I .i ~i i i i I i i i i ~~II~ f !I ~ I~ Ni i~ii~~~f i~..e. 'g~~rar:ga®I~~~rr' dro is r ~' ra ~,d ~f CIE}i`~Sioi ~~r i~ ~~~ i' B fri~~ C e e E g L~~i r9. fs~.a , .. y ~ ~~'~=~~~~~i~~~at ~j~~~~~~~~~5~ ~" ~ ~~~, 0 m„ m ~. o ~ ~`` 0 D~ N Z *_c. rop me ~s ~~ ~ r ~~ 5~ ®~ I I e~~ i ~' ~~~ ~~~m ~a ~~~ ~g Exhibit D Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H• ING DATE OF APRIL 25, 2006 E. Required Findings from Zoning Ordinance Annexation Findings: UDC 11-5B-3E Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-8 Medium Density Residential District. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. In Chapter VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; `low density' consist of single-family homes at densities of three dwelling units or less per acre. The Council finds that the requested residential zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the SE corner of Chinden Blvd and Ten Mile Roads to be "Low Density Residential", this is also consistent with the request fora `Step-up' to the medium density residential designation and the future North Meridian Comprehensive Plan Amendment. The density proposed with the preliminary plat is consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these low density areas with a request fora `step up' in density. The Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat that proposes single-family detached residential products on the subject site (PP-OS-049- Revised dated Jan 19, 2006). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. The Council finds that the single-family homes would be allowed (permitted) within the requested R-8 district. The entire site is being proposed as residential and upon build-out the Council would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has submitted elevations for the proposed units which will be designed and constructed to meet similar architecture to the single family detached residences of the near vicinity. The Council believes that the design of these single family attached dwelling units will be compatible with the adjoining uses and transitional in nature to anticipated lower density uses north of the site in Spurwing development and the adjacent subdivisions also in the medium or low density comprehensive designations. The Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. The Council does not find that the proposed zoning/uses will not be detrimental to the public health, safety, or welfare. Further, the Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code Exhibit E Page 1 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 provisions. The Commission and Council rely on any oral or written testimony that maybe provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, There have been no recent street improvements in the area. The abutting roadway Ten Mile Road is not in ACHD's Five Year Work Program or CIP (20-year plan) for road widening. Silver leaf and Bainbridge Subdivision to the south and west have been tentatively approved for development similar to what is being proposed with Irvine Subdivision. The subject property is generally surrounded by rural residential acreages. The Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. The Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACRD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On February 12, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, the Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. The Council does not fmd that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. °The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Due to the residential nature of the general vicinity, the project's conformance to the Unified Development Code, and the applicant's agreement to abide by the conditions of approval contained in this staff report, the Council finds that the annexation and zoning of this property to R-8 would be in the best interest of the Citv. Z. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Council shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. Exhibit E Page 2 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and The Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD and ITD consider road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to improve all waterways which are existing on this site. Exhibit E Page 3 i May 5, 200b MERIDIAN CITY COUNCIL MEETING C~ RZ 05-020 May 9, 200b APPLICANT Fred Pratt ITEM NO. 5-I REQUEST Development Agreement -Request for a Rezone of .17 acres from R-4 to O-T zones for operation of a barber shop for Fred's "Reel" Barber Shop - 1127 North AAcrirlinn Rnnrl AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Attached Development Agreement V~~ OTHER: Contacted: ~d ~~~} Date: S-~{-Q (_p Phone: ~_p~ ~- tqa.) Emailed: d~1} nferi f'[~ ~ , - ~~a Staff Initials: Materials presented a1' public meetings shall become properly of the Ctiy of Meridian. QURPI-IV ~7~\N ~FFICE PLLC May 1, 2006 City of Meridian Taza Green Deputy City Clerk 33 East Idaho Avenue Meridian, ID 83642 Re: Fred's "Reel" Bazber Shop Executed Development Agreement Deaz Ms. Green: Michaelina (Mia) Murphy Charles M. Murphy* *also licensed in Utah F~ECEIVEL~ MAY 0 ~ 2006 City Of Meridian City Clerk Office Enclosed is a copy of the Development Agreement for the above entity, executed by Fred Pratt. We ask that you please provide us a copy of the Agreement after the full execution by the City of Meridian. Please contact us with any questions or concerns. Sincerely, Murphy Law Office, PLLC ~~-~~~ f~ Beth Rountree Paralegal Enclosure 847 E. Fairview Ave. P.O. Box 409, Meridian, ID 83680-0409 • (208) 855-2200, Fax (208) 855-0873 • www. murphylawoffice.com _, ADA COUNTY RECORDER J. NAVARRO AMOUNT .00 25 SOISE IDAHO 06!18!06 02:03 DEPUTY Neava Haney II I I III II III IIIIIIII I I II IIIIIII II I III RECORDED-REQUEST OF 1~~~7~~ Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Fred Pratt, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into ~izis ~~' day of MQ 2006, by and between City ofMeridian, a municipal corporation of the State of daho, hereafter called "CI'TY', and Fred Pratt, whose address is 3071 W. Ravenna Street, Meridian, Idaho 83642 hereinafter called "OWNER/DEVELOPER". 1 • RECITALS: 1.I WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (O-T) Old Town District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer"made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (RZ OS-020) FRED'S "REEL" BARBER SHOP PAGE 1 OF 10 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 14~'day ofMazch, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designarion is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 82, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (RZ OS-020) FRED'S "REEL" BARBER SHOP PAGE 2 OF 10 _~ • 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Fred Pratt, whose address is 3071 W. Ravenna Street, Meridian, ID 83642 the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned O-T (Old Town District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY TffiS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 which are herein specified as follows: Construction and development of a Certifuate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the O-T zone, and the pertinentprovisions of the City ofMeridian Comprehensive Plan are applicable to this RZ OS-020 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated November 11, 2005, and shall be required to obtain the "City"' approval thereof, in accordance to the City's DEVELOPMENT AGREEMENT (RZ OS-020) FRED'S "REEL" BARBER SHOP PAGE 3 OF 10 • Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. No new buildings aze approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6• CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 6.1.1 That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, properly or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 6.1.2 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 6.1.3 That the existing business shall be allowed to operate while site improvements aze being made and that the business shall not operate for a period exceeding 12 months, from approval by the City Council, without the required site improvements being completed. 7• COMPLIANCE PERIOD/CONSENT TO REZONE:This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owners/Developers"heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two yeazs of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT (RZ OS-020) FRED'S "REEL" BARBER SHOP PAGE 4 OF 10 • "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and ifthe "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer"shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Properly" or any other person acquiring an interest in the "Properly", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement maybe modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11 • REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's"cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance inconnectionwiththe re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT (RZ OS-020) FRED'S "REEL" BARBER SHOP PAGE 5 OF 10 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". DEVELOPMENT AGREEMENT (RZ OS-020) FRED'S "REEL" BARBER SHOP PAGE 6 OF 10 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: Cam' OWNER/DEVELOPER: c% City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Fred Pratt 3071 W. Ravenna Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18 • ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that tune is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall DEVELOPMENT AGREEMENT (RZ OS-020) FRED'S "REEL" BARBER SHOP PAGE 7 OF 10 • constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there aze no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as aze stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the usesand/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning DEVELOPMENT AGREEMENT (RZ OS-020) FRED'S "REEL" BARBER SHOP PAGE 8 OF 10 Ordinance in connection with the annexation and zoning of the "Properly" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS a~REOF, the parties have herein executed this agreement and made it effective as hereinabove provided.. OWNER /DEVELOPER: CITY CLERK By: Fred Pratt CITY OF MERIDIAN ue w ~~tcu ~~ ~.~G~--cue .~ ~® .~..:~: ~ ~..~~ ~ ~ p~ *s ~7s '~* s° a ~e' ~,`sP~~b~~~aa9aa oaa5a~~,aab~A ;~,, DEVELOPMENT AGREEMENT (RZ OS-020) FRED'S "REEL" BARBER SHOP .s ~-06 PAGE 9 OF 10 ~ ~ STATE OF IDAHO, ) ss: County of Ada, ) On this __~___ day of '~~ 2006, before me, the undersigned, a Notary Public in and for said State, personal appeazed Fred Pratt, known or identified to me to be the person who signed the instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sealth~,da~~~•yeaz in this certificate first above written ~~`•~~~'T H R OG'•.. ,'r 4,.••..•••••••~ •.~, ti ~,~, • w~ r )_._ •~° '• A11$L1G :•'~~ o. STATE OF IDAHO ) ss County of Ada ) G ~ ~~ No Public or Idaho Residing at: ~ qct/, My Commission Expires: ' On this ~' day of 2006, before me, a Notary Public, personally arreazed Tammy de Weerl aul illiam G. Eerg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. :~ ;'~ ~ ~G'~: .. ~SE~ %~ ~~ FC t ~' .~. ;~ ~~ ~ ~` *~ ~1~.YYl~I Notary Public for Idaho Residing at: r ~ ~ Commission expires: f U- l l- ~ ~ DEVELOPMENT AGREEMENT (RZ OS-020) FRED'S "REEL" BARBER SHOP PAGE 10 OF 10 • ,. _ REZONE DESCRIPTION A parcel ,of land being all of I..qt. 4, B1oEk ~, one•half bf the add aee~it right'of ways of ' - . N. Meridian Street and W, Washington Street and•one'hal~'of the adjacent-alley, all being ' part of Niday's Second Addition as recorded; in'•Book 1:1 of Plats at Pag,~ 594, records.of - Ada•County, Idaho, said parcel lying in•the SE1/4 NEl/4.of Section l2, T.3-N.,•R.1 W., • Boise Meridian, City of Meridian, Ada County, Idaho, said parcel also being.more ' • particularly described as follows: ~ • Commencing at:a point marking the Section Comer~comYnon toS~btions 1 and 1~2, ~'.3riT., :' - ' R.~1'i~Sr.; and Sections 6 asid•.7, 'i',~~T.; A.lE.; Boise Mericiiati;:Ada•Cotinty,.Idahc~, s~.id - - . ~ . ~ .point lying along the centerline of.N. N~eridian Street; thence S.00°00'E. 695.8•fee~ more' ~ ' • or less along.the easterlyboundary oi''said S'ectic~n 12 and the said centerline of N. • Meridian Street~to a mint marking the NL. homer of said Niday's second Addition;. 'thence continuing 5.00°00'$. 978.0 feet more or •less along the. said easterly boundary of - . Section ~12, the easterly. boundary of said Niday's Second Addition'and~the'•said Centerline ~ ~• of N. Meridian Sheet to a point marking the centerline intersection of'said N. Meridian • .Street and••said W. Washington,Street,'said•lioint' also~inarking'rH~ REpI, POINT OF • BEC,~vNlrt~; .. • :thaence continuing 5.00°OD'E. 94.U ,feet mode or less along the. said•easterly bounclar"X~of ~ ~ ' Section 12, the said easterly boundary of 1~'iday's •Second•Additiori~,and :llie said centerline r • ~• . ' of N, Meridian Street•ro a'point; ' ' . . • • • . • - ~ - . thence N.89°54'W: 158.0 feet'~nore.or less along the ~souitlierl3~•bonndary~ of said.Lot 4, ' • Block 1, Niday's Second Atlditioi~ tb a point of intersectlorC=of said southerly boundary•of '• ~Niday°s Second Addition with the said.ce~iteiline o£tlte alley; ' . . thence.N.00°00'W. •94:0 feet snore or less•along the said•cenYerline.of the alley to :a plrlirtt ~ ~ '_ • • , ~ markingthe centerline intersectioh of said alley with the'ceriterline.of said-- W.'. ~ ' • W ~hington Street; ~ • . ' . - ~ ' . . thence 5,89°50'E. 158:Q feet more o~ less aiong•the:said centerline of W. Washington - •Street~to the point of~beginning, containing 0.34 ages; more or less. ~ . ~~ SUBJECT TO: ~ • ' ~ Any easements or rights of wa.}r of record_or in use. ~ • .• ~ REV{ - pPPROY ~ ~ ~ . ' ivt~RlQl•AN PU~L.IC • ~ '; ~. :~ : '. .. ~ '• ~. . • iAfnRKS DEPT, : PTatt Loth $lltl.doc - 1.'-•- .: ~X ~r11 ~1 ~' `~ Colleen Marks, L:S. 7045 ~ 6405 Us#ick Road '• . Bflfse, .Idaho .83704 ' Phone: (208) 37f3-7703 • .Faz; (208) 378-77.59., • Emall: marksls(a~velocltus.net ~ieh~ba f'~ e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF I~A`PV AND DECISION & ORDER ~1 MAR 0 9 ~00~ c=~ ofiner;.di~,n Ci Offi.ce 'q~y~4~ M pp ~~ t.~~ :~F Y. ~~~Yte~~r~r~~r ~ ~ ~"~~ a ~-~~_. In the Matter of a request to Rezone .17 acres from R-4 to t)tie O-T zone for operation of a barber shop, by Fred Pratt Case Na(s). RZ-OS-020 For the City Council Hearing ID-ate of: February 7, 2006 A. Fidndings of Fact 1. Hearing Facts (see attached StaffReport for the hearing date of February 7, 2006 incorporated by reference) 2. Process Facts (see attached. Staff Report for the hearing date of February 7, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 7, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 7, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Gode (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 k~as, 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 Cade § 11-5A. 4. Due consideration has been given to the comment(s) received from the governrrxexltal subdivisions providing services in the Gity of Meridian planning jurisdiction. CITY OF MERIDIAN FINbINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S~. RZ-05-020 -PAGE 1 of 3 • • 5. It is found public facilities and services required by the proposed development will not impose expense upon tlhe 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 Departcrlent, the Public Works Department and any affected Party requesting notice. 7. That this approval is subject to the Legal Description and the Conditaons of Approval all in the attached Staff Report for the hearing date of February 7, 2Q06 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: 1. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 7, 2006 incorporated by reference. D. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Ple$se take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of February 7, 2006 By tion of the City Council at its regular meeting held on the ""' day of ~i , 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-020 -PAGE 2 of 3 • • COUNCIL MEMBER SHAUN WARDLE VOTED_R~'"4.. COUNCII, MEMBER JOE BORTON VOTED Q.,• --~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__Zk.~ COUNCIL MEMBER KEITH BIRD VOTED'_~~ TIE BREAKER MAYOR TAMMY de WEERD VOTED ~~ MAYOR~T'` -' ~ de WEERD ATTEST: ' ~~ K ~-:->..., "~~ ~~'; .~ . ~ ~ f, ~~ may, ~~i' '~E~.'~`i j~,~ 1~ ..l _ i 4.. ~-........~..~ LIAM G. BERG, JR., I'TY ~ ;%`' Y fir/ ~j. ~i:. V .`, ~~r ~ r'~4 .\ ~~j~jf -''6.i. w,i~ ~6 . ~~ti Copy served UpOri: / Applicant '`~':.;S,E; atau~iti``4. /' Platuling Department ~•~' Public Works Deparhnent City Attorney ity Clerk's OI6ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS ©F LAW AND DECISION & QRDER CASE NO(S). RZ-OS-020 -PAGE 3 of 3 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEARII~T~"i DATE OF FEBRUARY 7, 2006 STAFF REPORT City Council Hearing Hearing Date: 2/7/2006 TO~ Mayor, City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Fred's "Reel" Barber Sloop • RZ-OS-020 f.ITY' 11~ C:~~~-~~t ~ ~~ ~>~ u It).~IC? ~r y~f Rezone .17 acres from R-4 to Q-T zone for operation of a barber shop 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Fred Pratt, has applied far a Rezone (RZ) of .17 acres from R-4 (Medium-Low Density Residential) to O-T (Old Town) for operation of a barber shop at 1 l27 N. Meridian Road. The site is located on the west side of N. Meridian Road, south of Washington Street. This site currently contains ane existing residence. The applicant has submitted a site plan which shows proposed parking, landscaping, and right-of-way improvements to be constructed on the property. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on xx. At the public hearing they moved to recommend denial/approval. a. Summary of Public Hearing: i. In favor: Fred Pratt, applicant ii. In opposition: None. iii. Commenting: None. iv. Staffpresenting application: Josh Wilson v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Tirne frame for completion of the site improvements. a Key Commission Changes to Staff Recommendation: i. Add a requirement that the applicant enter into a Development Agreement with the City of Meridian, which states that the existing business shall be allowed to operate while site improvements are being made and that the business shall not operate far a period exceeding 12 months, from approval by the City Council, without the site improvements being completed. d. Outstanding Issue(s) for City Coaneil: i. None. 3. PROPOSED MOTIONS Recommend Approval I move to approve File Number RZ-OS-020 as presented in the staff report for the hearing date of February 7, 2006, and the site/landscape plan dated November 7, 2005 with t11e following modifications to the conditions of approval: (add any proposed modifications). Recommend Denial I move to deny File Number RZ-OS-020 as presented in the staff report for the hearing date of February 7, 2006, and the site/landscape plan dated November 7, 2005 for the following reasons: (you Itlust state specific reasons for denial. They should address how the applicant might redo the application Fred Pratt RZ-OS-002 PAGE 1 CITY OF M1;RIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEAR• DATE OF FEBRUARY 7. 2006 to gain your recommendation far approval). Continue I move to continue the public hearing for File Number RZ-OS-0ZO to (date certain}. 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1127 N. Meridian Road /West side of N. Meridian Road, south of Washington Street Section 12 T3N Rl W b. Owner. Fred Pratt 3071 W. Ravenna Street Meridian, Idaho 83642 c. Applicant: Fred Pratt 3071 W. Ravenna Street Meridian, Idaho 83642 d. Representative: Fred Fratt, Owner e. Present Zoning: R-4 f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: 1. Date of site/landscape plan (attached as Exhibit Al): November 7, 2005 h. Applicant's Statement/Justification (reference submittal material): Fred's "Reel" $arber Shop will be located in Meridian's Old Town. It will be an old fashion barber shop with three barbers. It will have a seating capacity of approximately 14 customers. The location is an older red brick borne built in 1956. The shop is approximately 1,161 squrarre feet. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: December 19 and January 2, 2005 c. Radius notices mailed to properties within 300 feet on: December 19, 2005 d. Applicant posted notice on site by: December 26, 2005 6. LAND USE a. Existing Land Use(s): Existing residence b. Description of Character of Surrounding Area: Existing single family residences and commercial uses, zoned R-4, R-15, and O-T c. Adjacent Land Use and Zoning )=red Pratt RZ-OS-042 PAGE 2 CITY OF MER1pIAN PLANN~pEPARTMENT STAFF REPORT FOR THE HEARI~UA'1'E OF FEBRUARY 7, 2006 1. North: •Existing single family residence, zoned R-4. 2. East: Existing residences, zoned R-15. 3. South: Existing single family residence, zoned R-4. 4. West: Existing single family residence, zoned IZ.-4. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Already serviced Location of water: Already serviced Issues or concerns: None. 2. Vegetation: None. 3. Flood plain: NA • 4. Canals/Ditches Irrigation: None. S. I~azards: None. 6. Proposed Zoning: O-T 7. Size of Property:.17 acres g. Off-Street Parking (non-residenial uses) 1. Parking spaces required: 3 2. Parking spaces proposed: 6 3. Compact spaces proposed: No compact spaces are proposed. 4. Off-site parking proposed: None. i. Summary of Proposed Streets andlor Access (private, public, common drive, etc.): The access to the proposed parking lot will be from Washington Street to the north. 7. COMMENTS MEETING 4n December 16, 2005 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staffhas included all comments and recommended actions in the attached Exhibit B. Because this is only a rezone application, there are no conditions of approval. All comments will need to be addressed at the time of Certificate of Zoning Compliance approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Old Town", and it is currently zoned R-4. Old Town is defined as follows: "This includes the historic downtown and the true COmmiinity ~~, Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residems and visitors. A variety of residential uses could include reuse of existing buildings far residential uses, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures Fred Pratt RZ-OS-OO2 PAGE 3 CITY OF MER1b~AN pLAN~ DEPARTMENT STAFF REPORT FOR THE HEARI~ DATE OF FEBRUARY 7, 2006 would be encouraged, The boundary of the Old Town district predominantly follows 1bleridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff finds that the proposed Rezone complies with the applicable provisions of the Comprehensive Plan and farthers the goals and objectives set forth therein. 9. ZONIlVG ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists personal and professional services as a Permitted Use in the O-T zone. b. Purpose Statement of lone: The purpose of the O-T District is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the 4T District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. Public and quiasi-public uses integrated with general business, and medium-high to high-density residential is encouraged, to provide the appropriate mix and intensity of activities necessary to establish a ~y urban city center. 10. ANALYSIS a. Analysis of Facts 1leading to Staff Recommendation REZONE ANALYSIS: based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed rezone and use as a barber shop. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared an November 4, 2b05 by Colleen Marks, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian, That the applicant will be responsible for all costs associated with the sewer a~ad water service extension. Any existing domestic wells and/or septic systems withut this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed im accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1. ~inistrative Design Review The proposed site improvements associated with the proposed use as a barber shop shall be subject to Administrative Design Review as set forth in UDC 11-2D-4, and the applicant shall apply for Administrative Design Review concurrently with the Certificate of Zoning Compliance application. 2. Sari sewer and w ter service• The current residence is serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is unknown at this time, nor do we know whether they adequate to provide the needed service to the proposed change in use. Applicant should coordinate with the Public Works Fred Pratt R~-OS-002 PAGE 4 CITY OF MERIO]AN PLANN~EPARTMENT STAFF REPORT FOR THE HEARI~DATE OF FE,I~RUARY 7, 2006 Department for service prior to the issua»ce of the Certificate of Zoning Compliance. b, Staff Recommendation; Staff recommends approval of RZ-05-020 for Fred's "Reel" Barber Shop as presented in the staff report far the hearing date of January 5, 2006 based on the Findings of Fact as listed in Exhibit D. Staff has included all comments and recommended actions in the attached Exhibit B. Because this is only a rezone application, there are no conditions of approval. All comments will need to be addressed at the time of Certificate of Zoning Compliance approval. 11. E~~ITS A. Drawings 1. Site/I.andscape ]Plan (dated: October 13, 2005) B. Department Comments 1. Planning Department 2. Public Works Department 3. Fire Department h. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Fred Pratt RZ-OS-002 PAGE 5 CITY OF MERIDIAN PLANN~DEpARTMENT STAFF REPORT FOR THE HEARI•DATE OF FEBRUARY 7 2D06 A. Drawings 1. Site/C,andscape Plan (dated.: November 7, 2005) ~,~ ~ ~ .. d° ~' w n t J ~ a ~ ~ ~ ~ p ~ J ~ v~ ~ ~" 4 ALtrE, iii, LIAR iP 'a ~ 4 f r ~ ~y a ri -r~l ~ # r~ ~ ~~~ a ~ ~ ( ~ ~ ~ e~ 1 ~' ~ ..+ ~ ~~ ~ ~ c 1¢MCNT C A fi O i ~, ~ . F I ( A AArI ~I M ~~ D I 4- r ~ ~ ~ 1 ~ >r ~q~ ~~ r ~ p _~ d P f r . ~ 4w yy~ Ir n s ~ f 1 I 1 I E, M ~~ ~I x +d { 4 t ~~~. Ar~ ._.. t t 7 1 ~~ i _X i L ~ r ~ o ski E '~ c b ~ Exhibit A CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEARI• DAT 6 OF FEBRUARY 7, 2006 B. Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description prepared by Colleen Marks, PLS, dated November 4, 2005 and submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax CaIT11T1i551an. 1.2 A Certificate of Zoning Compliance (CZC) application shall be submitted, for approval prior to construction of the site improvements. 1.3 The proposed site improvements shall be subject to Administrative Design Review as set forth in UDC 11-2D-4, and the applicant shall apply for Administrative Design Review concurrently with the Certificate of Zoning Compliance application. 1.4 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The annli nt ahAl contact the City Attorney dill Nary at 888-4433 to initls process within 1 ~ moms of Clty Council ro of the ann. tin request. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, laaterials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the existing business shall be allowed to operate while site improvements are being made and that the business shall not operate for a period exceeding 12 months, fco~an approval by the City Council, without the required site improvements being completed„ 2. PUBII,IC WORKS DEPARTMENT 2.1 The current residence is serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is not known at this time, nor do we know whether they are adequate to provide the needed level of service to the proposed change in use. Applicant should coordinate with the Public Works Department far service prior to the issuance of the Certificate of Zoning Compliance. 3. FIRE 1fIEPARTMENT 1. Une 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 placecl an average of 500 feet apart. International Fire Code Appendix C. 2. Final Approval. of the fire hydrant locations shall be by the Meridian Fire Depaxbonezlt. 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. 9 h. Show all proposed ar existing hydrants for all new construction or additions to existing -__ buildings within 1,000 feet of the project. Exhibit B CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THF. HEAR• DATE OF FEBRUARY 7 zoos 3• ~P ~ hY~'~, temporary ar permanent street signs and access roads with a>~, all weather surface are required before combustible construction is brought on site. 4. Provide a Knox box entry system far the complex prior to occupancy. 5. Contact Joe Silva at 888-1234 for a Fire Department inspection prior to issuance of a conunercial Certificate of Occupancy far the building. 4. POI,,[CE DEPARTMENT 1. The Police Department has no concerns with the application. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established. in the City of Meridian Landscape Ordinance {MCC 12-13-13-6) will be followed. 6. SANITARY SERVICE COMPANY 1. SSC has no concerns with the application. 7. ADA COUNTY $IGHWAY DISTRICT 1. Approved with no conditions, Exhibit B CITY OF MERIDIAN PLANNIAILi pEPARTMENT STAFF REPORT FOR THE HEARI~ ATE OF FEBRUA RY 7, 2006 C. Legal Description M R/{~ LA~D.~ Cf Coll®en A-larica, L.S. 7045 •8405 tlt3tlck Road + Phone: (208) 37&T703 • Fax: (208) 378.7789 • Emall~markslsa@v~eloaitus.net RE~ONL DBSCRIPTtdN A parcel of land being all ofl:.ot 4, Block 1, one half of the adjacent right of ways of N. Meridian Street arnl V4', Washington Street and one half of the pari of Niday's Second Addition as recorded in Book 11 of plats at Page 5941 $'cords of Ada County. Idaho, said parcel lying in the SEl/4 Ai$1/4 of Section 12, T.3N:, R 1 W., Boise Meridian, City of Meridian, Ada Coanty, Idaho, said parcel also being more particWarly described as follows: Commelicing at a point narking the Section Comer comtrlen to Sections 1 and 12, T.3N., lt.l W., and Suctions 6 and 7, T,3N., R. l B., Boise Meridian, Ada Cotuuy, Idaho, said point lying along the centerline of N. Meridian Street; thence S.QO°00'E. 695.8 feet more or l~s along the easterly boundary of said Section 12 and the ~~id centerline of N. Meridian Street to a point marking the NE Comer al'said Niday's Second Addition; thonce continuing S.00°00'B. 978.0 feet mole ar less along the said masterly boundary of Section 1Z, the easterly lmnadary of said Niday's Second Addition and We said centerline of N. Meridian Street to a point marking the centerline motion of said ~, Meridian Street and said W_ Washil~n Street, said point also mocking THg.RB,es, pp~ t)F BEGINNING: . thonoe continuing 5.00°00'$. 94.0 feet more or less along the said easterly bonadary of Section 12, the said easterly boundary of 1Viday'a Second Addition and •the said centerline of N. Meridian Street to a point; thence N.89°50' W. 158.0 fit more or less alvag the southerly boundary of said Let 4, Block 1, Niday's.Second Addition to a point ofintersmction of said southerly homtdary.of Niday`s Second Addition with the said centerline of the alley; ~nce.N.00°00' W. 94.0 feet more or less~aiong the said centerline of the alloy to a point mackittg the centerline intersection of said alley with the ceptes~e of said W. Wst~iagton Street; thence 5.89°50'E. 158.0 fit Moro or.less along the said centerline of W_ Washington Street to the point of beginning, containing 0.34 acres, more or less. SUHdBi.T TO: Any easements ar rights of way of rec:orJ or in use. tips! APPtit)Y~4 ~ . ~t~n~~ ~•a~tw-N puel.~c ;,unaKS DEPT Hari I.otA Blkl.doc . ! _ Exhibit C C1TY OF MERIDIAN PLANNTPG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7 ZD 06 ~~- NE CORNER NlDAIr'S SECOND ADDITION W. ELM AVENUE Ld 1 e~ocKS x~4, ~ LJ .- tY ~ M ~Z'f H H 1 g 12 7 rn ~o Q~i P a I-- Lt.I ~h 1~ ~~ NIpAI''S SECOND ~.~ $ ~_ (` ~ ADDITION , + v7 ~ _J I L---------- ~ --___-..___.J ~ w W. WASHINTQN STREET ~ ,° ~ o O ~ ~ r7 0 r-------- -~ Of d') ~ LOT 4, BLOCK 1, , ~ ~ i NIDA1''$ SECOND i 30~ ~ ~ ~ ADDITION ~ c~ ~ "G~) ~w, ~ ~ ~N.89'S0'W. 158.0~~ .~ ~ ~,~ ~ i ~ ~ ~ ~ G ~ ' ~ L©TS }-3~ BLOCK 1 i ~ ~ i so a 3o so X20 SCALE iN FEET Exhl'bit C CITY 4F M6R[DIAN PLANI~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 l~. Required Findings from Zoning Ordinance 1. Rezone Findings: Upon recommendation fi°om the Commission, the Council shall make a frill investigation and shall, at the public hearing, review the application. In order to grant an anne~cation andlor rezone, the Council shall make the followigg findings; 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to O-T. City Cauncil finds that the proposed zoning map amendment complies with the applicable provisions of the camprehensive plan. Please see Comprehensive Plan policies and Cxoals, Section 8, of the Staff Report. Z. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that personal and professional services are permitted uses within the r~uested zoning district of Q-T. The submitted site plan shows dimensions and elements which conform to the proposed zoning designation. City Council finds that the site is large enough to contain the required parking and landscaping. The applicant will be required to apply for a Certificate of Zoning Compliance prior to constntction of the site improvements to ensure compliance with City Code. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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, 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. Exhibit D • • May 5, 200b MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Kimball Properties, LP ITEM NO. 5-f REQUEST Approve Sanitary Se~~er and Water Main Easement for WH Moore Shell AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Easement CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: fDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meeHn®s shall become properly of the City of Meridian. • ADA COUNTY RECORD DAVID NAUARRO amOUNT .ao E eoISE IDAHO o6118106~ PP>I DEPUTY Neaua Haney RECORDED-REQUEST or: III IIIIIIIIIIIilllllllllllllllllll III ~eridlan filly t ~~~~~~~~ SANtI'AR~ SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of, 20 between Kc ~~~ ProP~¢s ~ 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 saxutary sewer and water main right of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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 and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the azea described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT SW MAIN.doc ~._T~ • • THE GRANTORS hereby covenant and agree that they v~~ill not place or allowto be placed any perrn.anent structures, trees, brush. oz 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: -Fresidextt Secretary STATE OF IDAHO } ss County of Ada ) On this _a.g ~ day of 20~, before e, the undersigned, a Notary rublic in xn1 fir sul State, rcrsonally a~reared ~ ~ ~' ~ ~ ~~~ and kn~or~ identified to me to be the i~detxt-:~ of the e~el~jer~is~' t~'at executed the within instrutxtent, and acknowledged to xne that such eerper-ativn-,executed the same. ~0 a~.+f Y, oYS4Y'~ IN WITNESS WHEREOF, I have hereunto~et my hand and affixed my official seal the day and ye~ f~~ ove written. ''~r~$, THUBSo ~4~ oT AR Y N ARY L FOR IDAHO _ ~ '~ ~,,~ ; ,pr R iding at• ~ : t 1~' ~ Co xpires ~~~a p ;~.. ~ Sanitary w~8~d Water l~ttt~ erxtent GRANTEE: CITY OF MERIDIAN Tammy Attest by William G. Berg~City Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) ```\1,'``tgyt,ftlf It l l id/!!-- !'/,rrr *~ , r ~~ ~~ rr +Jr ~~ a~ -,, r ~~ . P.~,`. ~ ~, ~ ,~ .~ ''///~~n~l r-n rv vtriNN~~~~~ On this~~____day of ~ 1 ~ (~ ~ ~ , 2~p 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. '1 ' S~16i,%jn? ~'a2~~---- (SEAL) Sanitary Sewer and Water Main Easement MAIN.doc NOTARY PUBLIC OR IDA~iO Residing at: 'l' t~ ~ ~c Commission Expires: j(~''Y.S -l~ EASMT SW ps~t~~ • TOOTHIMIAN-ORTON ENGINEERING CQMPANY C70N3ULTW4 ENGINEERS, SURVEYORS AND PLANNERS 9777 CHlN(7EN BOULEVARd BOISE, IDAHO 83714-2008 208-323-2288 • FAX 208-323-2399 boise~tcengrw.com Project: 05191 Date: Apri125, 2006 Page: 1 of 1 E7~LHIBIT uA" Waterline Easement -Lot 11, Block 4 of Bonito Subdivision No. 2 A l0~foot wide strip of land situated within Lot 11, Block 4 of Bonito Subdivision No. 2, in the NE'/a of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, as filed in Book 92 of Plats at Pages 10877 through 10879, located 5-feet on each side of the following described centerline: CONIIVIENCING at a point marking the northeasterly corner of said Lot 11; thence, along the easterly line of said Lot 11, A) S.00°00'00"W., 49.14 feet; thence, leaving said easterly line, B) 5.90°00'00"W., 10.78 feet the POINT OF BEGINNING; thence, continuizl$ 1) S.90°00'00"W., 48.00 feet to the POINT OF TERMIIVUS. H:\OS l91\WPfiles~SURVEY DESCRIPTIONS~ExhA-WATERLINE 1;ASENIENT.doc d'ALENE • CALDWELI. p..p..A BOISE • COEiLJR ® i ~~ EXHIBIT ~ WATERLINE EASEMENT ~ LOT 11, BLOCK 4-BONITO SUBDIVISION N0. 2 LOCATED IN THE NE 1 /4 SECTION 20, a"w ~ TOWNSHIP 3 NORTH, RAINVGE 1 EAST, B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 0 15 30 60 90 LOT a, BLOCK 4 ~ BONITO 5UBDMSION NO. 2 'POINT OF COMMENCEMENT` ~` - NE COR. LOT 71, BLOCK 4 Y ~ ~i ~~ a to ~ ~$ 10' WATERLINE EASEMENT •~~•Y•~,.,..~... ._ .....:, ~I ~ 1 ~~ ~ sso-oo'oo"w ~ o_~e' ~ ~ Sgo "^'°,~Q ~f o ~ r" I .. _ ..~ ~ _ .. ,,~ ~°ODI-p' OF E~GGINNlNC' ~ 1 u~i I ~..~,ss.,~,•r a ~c y V or ~ m PARCEL "B" o ~ ~ I R.0.5. N0. 6826 ~ ~ ~ ~ ,. .... s ai ~ ~I O ~ I PROPOSED BMLDING ~ z.r.:,•cr ., I ~ LOT 11, BLOCK 4 • ~~ BONITO SUBDIVISION N0. 2 ._. „ ~ 4`'e' ~6\ST~Rt, ~,~ ~ ~ ~ 1 7316 ~• ,~ 4~zs/Dbo 4 ~ am I '^ lE OF ~~ ~~ I 1 ~ . .... ., ~ ~ m Fo. s/s• aEena I o cALCU~aTEa Pour g 1 ~ ____ .~ ~.- __._ - 1 I ~ I ~ I TOOTHMAN-ORTON ENGINEERING CO. ENGINEERS SUF2VEYpRS PLANNERS ~ 9777 CHINDEN BOULEYAkD BOISE, IDlWO 83714--2008 ~ ~ ` PHONE: 208-323-2288 FAX: ZO$-323-2399 ~, ' E-FlLE N:\191\Xrei\Base\E~IibitB.DWG BATE: 04/75/96 JOB_ 051 ~1 n U Memo RECEIVEPa MAY 0 3 2000 To: Mayor De Weerd ~ Cuiy Council From: Karie Glenn CC: File iDate; 5/2/200 Re: Proposed Agenda Items for 5/9/06 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the foilowring items be placed on the 5/9/06 City Council agenda, on the Consent Agenda, for Counal's consideration: 1) Sanitary Sewer and Water Main Easement for WH Moore Shell by Kimball Properties LP. Typical Sanitary Sewer and Water Main Easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for WH Moore Shell by Kimball Properties LP and authorize the Mayor to sign and City Clerk to atbast. Thank you for your consideration. City of Meridian Public Works Dept. • Page 1 • C~ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of, 20between ~, c ~~~ P~/~e"'t1es ~ the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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 and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT SW MAIN.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 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: went ~~- Secretary STATE OF IDAHO ) ss County of Ada ) On this ~,~ day of , 20.Q~, before e, the undersigned, a Notary Public in and for said State, personally appeazed (.J ~ ~u ~ ~ /2~ and P~ kn`or~ identified to me to be the ~ ~~s~v~3 ; of the ee#~°e~ t`li'at executed the within instrument, and acknowledged to me that such ee~e~tien-,executed the same. ~°°``'~''' °'s~-N IN WITNESS WHEREOF, I have hereunto and y ,~~t~p ove written. ~ • .• 4 .• ti v. OTARy • ~ 1 N • o ~. ~ ; ~ G =*B R• ,Z ~ o p T ~j v ~ Sanitary ~we d ~d ~ater 1~Ltti~~'ement ~ C. T ••o~••••• Q, ~~` MAIN.doc4~ t9 ~' ~ T ,. •.,: .• E O~ my hand and affixed my official seal the day CRY iJ'$L FOR IDAHO ink at: ~,,,~, 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 , 20 ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement EASMT SW MAIN.doc ~ • TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, 1DAH0 83714-2008 208-323-2288 • FAX 208-323-2399 boiseOtcengrco.com Project: 05191 Date: Apri125, 2006 Page: 1 of 1 EXffiBIT "A" Waterline Easement -Lot 11, Block 4 of Bonito Subdivision No. 2 A 10-foot wide strip of land situated within Lot 11, Block 4 of Bonito Subdivision No. 2, in the NE '/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, as filed in Book 92 of Plats at Pages 10877 through 10879, located 5-feet on each side of the following described centerline: COMMENCING at a point mazking the northeasterly comer of said Lot 11; thence, along the easterly line of said Lot 11, A) 5.00°00'00"W.,-49.14 feet; thence, leaving said easterly line, B) 5.90°00'00"W., 10.78 feetthe POINT OF BEGINNING; thence, continuing 1) S.90°00'00"W., 48.00 feet to the POINT OF TERMINUS. ~F~ ~ P H:\05191\WPfiles\SURVEY DESCRIPTIONS\ExhA-WATERLINE EASEMENT.doc BOISE COEUR d'ALENE CALDWELL EXHIBIT "~ -WATERLINE EASEMENT LOT 11, BLOCK 4-BONITO SUBDIVISION N0. 2 LOCATED IN THE NE 1/4 SECTION 20, - TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M. .CITY OF MERIDIAN, ADA COUNTY, 1DAH0 0 15 30 60 90 LOT 8, BLOCK 4 +~ BONITO SUBDMSION N0. 2 °,' F a ~ ° ~ ~ ~ s I I ~ ~ r I 10' WATERLINE EASEMENT- ~ 7'OINT OF TF.R~IDVUS" ~ i °~ e S90'0,~'( ~ - - ` -. 4a3'~~ ~ o ~ _ .Im I 1 ~'0 1 0 0~ ..,.~. o m m I ~ I i ~ E ~~ ~ ylV _ ~ ~ r O m ' m a ~, F. I PROPOSED BUILDING 0 0 ~ I I ~ LOT 11,E BLOCK 4 ~ ( BONITO SUBDIVISION N0. 2 S\pNp1. LA Np SG ~ . n~_.n.,,,,~~ <v`' ~,~1STE,pF ~` g I 0 ~` ~ ;4 • M~ ~ a 7316 `° ~~ ~r~94~z5 fDl~~o ~~~ ~. ~' I '" if OF \~ ~5 'POINT OF COMMENCEMENT' ~NE COR. LOT 11, BLOCK 4 0 ~' 0 ~o .o .o -o I 10.78' ~-'pO111~7' OF BEGI1V1V11VG" I PARCEL °B- R.O.S. N0. 6826 'I i I I I 1 ~~. ~-.v_,~zf O FD. 5/8" REBAR L . ~ I o cALCUUTEn POINT I -~ ~-- I I _ I TOOTHMAN-ORTON ENGINEERING CO. ENGINEERS SURVEYORS PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 ~ PHONE: 208-323-2288 FAX: 208-323-2399 ~ E-FlLE H:\05191\Xref\Base\EchibitB.DWG DATE 04/25/06 JOB: D5191 • May 5, 2006 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT ITEM NO. S-K REQUEST Approve Access Easement Between the City of Meridian (Grantor) and ACRD (Grantee) on Lot 21 of the Amended Plat of Block 1 of the Townsite of Meridian (55 East Broadway} requested as a Condition of Creamery Alley Vacation: 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 Easement MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctty of Meridian. •• •• May 5, 2006 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Public Works ITEM NO. 5-L REQUEST Approve Contract for the Blackstone Liff Station Abandonment with Star Construction, LLC: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See affached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meeflngs shall become properly of fhe Cfly of Meridian. Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 05/04/2006 Re: Proposed Agenda Item for May 9, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the May 9 City Council agenda, under Consent Agenda, for Council's consideration: 1. Blackstone Lift Station Abandonment. Star Construction, LLC submitted a quote to abandon the Blackstone Lift Station for $18,958.07. The Project consists of the abandonment of the Blackstone Lift Station. This abandonment will be completed when the Black Cat Lift Station is ready to accept wastewater. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Blackstone Lift Station Abandonment with Star Construction, LLC for $18,958.07 and authorize the Mayor to sign it. 2. Change Order No. 2 for the Black Cat Trunk Sewer Phase 1 Proiect Additional work is required for the completion of the Black Cat Trunk Sewer Phase 1 Project. This change order consists of the following work: Addition of one manhole and 45 lineal feet of 8° sewer near the intersection of Black Cat Road and Big Creek Court. A large ZO' patch is required for the surface restoration of Black Cat Road. Bodiford Construction, Inc submitted a cost for this change order as summarized below: Bodiford Construction, Inc. $29,360.00 • Page 1 •~ .~ Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 2 for the Black Cat Trunk Sewer Phase 1 Project with Bodiford Construction Inc for $29,360.00 and authorize the Mayor to sign it. 3. Meridian Plan Check. CH2M HILL has submitted a task order, scope of work, and budget for the professional services. They propose to complete the work for $24,000. This is an extension of the City of Meridian purchasing policy that went into effect April 18, 2006. This project provides the professional services necessary to provide plan review consulting services to the City of Meridian. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Meridian Plan Check with CH2M HILL for $24,000 and authorize the Mayor to sign it. 4. South Area Lift Station and Pipeline Proiect Amendment No 1 CH2M HILL, Inc. has submitted a task order, scope of work, and budget for this design project. They propose to complete the work for $62,100. This is an extension of the contract that was approved by City Council January 3, 2006 for the South Area Lift Station and Pipeline Project. This project consists of the evaluation of the alignments of the pressure sewer, an evaluation of the schedule and opinion of probable costs and a preliminary design report for this project. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the South Area Lift Station and Pipeline Project Amendment No. 1 with CH2M HILL, Inc. for $62,100 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 2 •• Star Construction, L.L.C. P.O. Box 157 Star, ID 83669 (208) 286-9198 Name /Address City of Meridian 660 E. Watertower Lane, Suite 200 Meridian, ID 83642 Estimate Date Estimate # 3/28/2006 524 Project Description Qty Rate Total ITC, trf$c control 1 ACRD, permit 385.86 385.86 SC, remove diversions, re-form channels and grout flow line in 3 3 14 88.50 265.50 manholes 287.50 4,025.00 SC, Excavate Valve vault, cut and remove 8 SC, Deliver valve vault to Meridian yard 2 5 362.50 2,900.00 BC, crane load /unload . 187.50 468.75 SC, remove wet well lid, plug sewer line and backfill w/ sand 2 5 218.30 436.60 SC, remove pumps and piping , deliver to yard 6 5 362.50 362 50 1,812.50 SC, excavate panel, conduits and deliver to yard . 4 5 . 2,356.25 SC, remove fence and posts and dispose of . 5 362.50 1,631.25 STP, concrete plugs 287.50 1,437.50 STP, concrete for sidewalk 2 257.83 515.66 SC/MM, set and pour sidewalk 1 1 257.83 257.83 BB, 3/4" gravel 413.00 413.00 BB, chips for surface restoration 10 20 11.127 111.27 FW, weld 3 lids shut( Ed's suggestion) 3 12.98 259.60 ID. Power disconnect fee at transformer777 1 88.50 265.50 MIsc, 236.00 236.00 1 1,180.00 1,180.00 Total $,8,958.07 • Customer Signature ~~ ~~ May 5, 2006 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Public Works ITEM NO. 5-M REQUEST Approve Change Order No. 2 for the Black Cat Trunk Sewer Phase 1 Project with Bodiford Construction, Inc.: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See AfMched Memo/Change Order Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of The C(ty of Meridian. ~~ Cx ~ % Ci f'Y.'k ty '.s 7` of `,M' Mer ~ id ian ~.} Wiz. - ~ ~',~ -g. ~~~ y ~{3 ~ ``' P ubl ic Wor ks De pt J , . Memo ~ REC~LP MAY ~ ~ 2006 City Of Meridia.~. City Clerk t~fice To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 05/04/2006 Re: Proposed Agenda Item for May 9, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the May 9 City Council agenda, under Consent Agenda, for Council's consideration: 1. Blackstone Lift Station Abandonment. Star Construction, LLC submitted a quote to abandon the Blackstone Lift Station for $18,958.07. The Project consists of the abandonment of the Blackstone Lift Station. This abandonment will be completed when the Black Cat Lift Station is ready to accept wastewater. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Blackstone Lift Station Abandonment ~nrith Star Construction, LLC for $18,958.07 and authorize the Mayor to sign it. 2. Chance Order No. 2 for the Black Cat Trunk Sewer Phase 1 Proiect Additional work is required for the completion of the Black Cat Trunk Sewer Phase 1 Project. This change order consists of the following work: Addition of one manhole and 45 lineal feet of 8" sewer near the intersection of Black Cat Road and Big Creek Court. A large 20' patch is required for the surface restoration of Black Cat Road. Bodiford Construction, Inc submitted a cost for this change order as summarized below: Bodiford Construction, Inc. $29,360.00 • Page 1 •~ •® Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 2 for the Black Cat Trunk Sewer Phase 1 Project with Bodiford Construction Inc for $29,360.00 and authorize the Mayor to sign it. 3. Meridian Plan Check. CH2M HILL has submitted a task order, scope of work, and budget for the professional services. They propose to complete the work for $24,000. This is an extension of the City of Meridian purchasing policy that went into effect April 18, 2006. This project provides the professional services necessary to provide plan review consulting services to the City of Meridian. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Meridian Plan Check with CH2M HILL for $24,000 and authorize the Mayor to sign it. 4. South Area Lift Station and Pipeline Proiect Amendment No 1 CH2M HILL, Inc. has submitted a task order, scope of work, and budget for this design project. They propose to complete the work for $62,100. This is an extension of the contract that was approved by City Council January 3, 2006 for the South Area Lift Station and Pipeline Project. This project consists of the evaluation of the alignments of the pressure sewer, an evaluation of the schedule and opinion of probable costs and a preliminary design report for this project. Recommended Council Action: The Public Works Department recommends that Ciiy Council approves the contract for the South Area Lift Station and Pipeline Project Amendment No. 1 with CH2M HILL, Inc. for $62,100 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. e Page 2 •® ~• CHANGE ORDER N0.2 No. 2 DATE OF ISSUANCE EFFECTIVE DA' OWNER Citv of Meridian CONTRACTOR Bodiford Construction. Inc. Contract: Black Cat Trunk Sewer. Phase 1 Project: Black Cat Trunk Sewer. Phase 1 OWNER's Contract No. N/A ENGINEER's Contract No. N/A ENGINEER You are directed to make the following changes in the Contract Documents: Description: This change order consists of the following work: Addition of one manhole and 45 lineal feet of 8° sewer near the intersection of Black Cat Road and Big Creek Court. A large 20' patch is required for the surface restoration of Black Cat Road. Reason for Change Order: This is work that is required to reroute flow to the Black Cat Lift Station from the Blackstone Lift Station. Attachments: (List documents supporting change): Faxed estimate from Bodiford Construction, Inc. CHANGE IN CONTRACT PRICE: Original Contract Price $ 2,869.919.60 Net Increase (Decrease) from previous Change Orders No. 0 to 0 $ 280.281.32 Contract Price prior to this Change Order: $ $3,150.200.92 Net increase (decrease) of this Change Order: 29.360.00 Contract Price with all approved Change Orders: $ 3,179,560.92 RECOMMENDED: By: ~..~:~' 1~~ By: Clint Dolsby, Staff E gineer ACCEPTED: Contractor CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. _ to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) APPROVED: By: Tammy de Weerd, Mayor ATTEST: By: William G. Berg, Jr. City Clerk Date: ~~N ~yEs Date: Date: Date: Approved by City Council: EJCDC 1910-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. 041~1I200B 08:20 FAX 2083~3~ Apr.17. 2006 11:42AM ,8~~~'~~RD ~al~S`~'~RUC3'lt,~N, .I1+~~ I~ER PUBLIC WORKS f~ 004/004 No~5989 P• 6/6 ~~ y 8975'W. STATE; ~4, 8ors6, TnaHO 8371.4 PB (ZQ9l 853378 Fax: 853-5381 F:EQUES~' FaR ~i~[Al~G~ Tai C11at,~alsby < 89&9551 fag City of Mlzidiatt 66D E. Wa>-erkowex ]Gnu Ste ZQO di~ou, Idaho ~2 4 ~~ Jerald O. Taylor . ~ '~'~oq I/Pfue Inr~eoncepto~ . In~il MH an Bleclc ~t.I~d RFC #f~4• Dl~ 4/SlQS As zegaceted, v~ ~ ~°~ p~l.Q~ag fortha radon of and nsanhol8 ~d 45 L'E a~8" sewer pips near the inteaz~xtian of Black CatRd & Hig Cteek Court. ACS is placing adcFflaaal srx~att~ an tha sttrfaca >cepair fa~c this wo~c. De9~t~ipti°n 65 Menhale ~ 48' tyE~e q Quantr~Y • Unrt Uhtt PClce ~ Tidal 8' SIeWB~ 1 EA 9.700A0 '9 700.GQ Sf~TFuce r+apaar -grass, Irr(ga8a~n, shau[der d.6 1 LF ~ L3 750.OQ 1,50010 6,150,00 ~,5o0A0 T'ypr3 P Surtaoe~ Aepetir - 5 year Teed cut .440 _ S1G 6.60 2 8BO.OQ ACHQ permit, I1c~nse 1 L8 750.Q0 , 76.00 Trgf~io Gbntrvl Fla9~-r+g~ i( requlrad by ACHD 1 ~ 1;80Q,QQ 1,800.00 MoblFlzettnn 7 RAH LS 38.00 3.200.00 3200 vo CoMe~c! to Exisfin0 MH 7 EA x,800.00 2,800.00 1 pia work wiU ti~yttire tha add~il~aa Qf 7 days to the aor~t time. ~lee.4e give me a cell tv dls~ss the poss~'ble schedule a~`this ~vark. . ~ Proud Partners in Safety with c~ • a~-or; ~~am->.s~a. Pzno-7~nMl>aw~oa•oao ~i May 5, 2006 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Public Works ITEM NO. 5-N REQUEST Approve Contract for Task Order, Scope of Work, and Budget for Professional Services for the Meridian Plan Check with CH2M Hill: 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 Ctiy of Meridian. COMMENTS See Attached Memo / Corrhact ~9~ N Ci ty of Mer idi an Pu bl ic Wor ks D pt, Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 05/04/2006 N ~tE~E%V~ MAY ~ ~ 2006 City Cf Meridian. City Clerk Office Re: Proposed Agenda Item for May 9, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the May 9 City Council agenda, under Consent Agenda, for Council's consideration: 1. Blackstone Lift Station Abandonment. Star Construction, LLC submitted a quote to abandon the Blackstone Lift Station for $18,958.07. The Project consists of the abandonment of the Blackstone Lift Station. This abandonment will be completed when the Black Cat Lift Station is ready to accept wastewater. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Blackstone Lift Station Abandonment with Star Construction, LLC for $18,958.07 and authorize the Mayor to sign it. 2. Chanae Order No 2 for the Black Cat Trunk Sewer Phase 1 Project Additional work is required for the completion of the Black Cat Trunk Sewer Phase 1 Project. This change order consists of the following work: • Addition of one manhole and 45 lineal feet of 8"sewer near the intersection of Black Cat Road and Big Creek Court. A large 20' patch is required for the surface restoration of Black Cat Road. Bodiford Construction, Inc submitted a cost for this change order as summarized below: Bodiford Construction, Inc. $29,360.00 • Page 1 .• a Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 2 for the Black Cat Trunk Sewer Phase 1 Project with Bodiford Construction Inc for $29,360.00 and authorize the Mayor to sign it. J~ 3. Meridian Plan Check. CH2M HILL has submitted a task order, scope of work, and budget for the professional services. They propose to complete the work for $24,000. This is an extension of the City of Meridian purchasing policy that went into effect April 18, 2006. This project provides the professional services necessary to provide plan review consulting services to the City of Meridian. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Meridian Plan Check with CH2M HILL for $24,000 and authorize the Mayor to sign it. 4. South Area Lift Station and Pipeline Proiect Amendment No 1 CH2M HILL, Inc. has submitted a task order, scope of work, and budget for this design project. They propose to complete the work for $62,100. This is an extension of the contract that was approved by City Council January 3, 2006 for the South Area Lift Station and Pipeline Project. This project consists of the evaluation of the alignments of the pressure sewer, an evaluation of the schedule and opinion of probable costs and a preliminary design report for this project. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the South Area Lift Station and Pipeline Project Amendment No. 1 with CH2M HILL, Inc. for $62,100 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. e Page 2 N N H STANDARD AGREEMENT FOR PROFESSIONAL SERVICES ~ 2MHILL CH2M HILL's Office Address: 322 E. Front Street, Suite 200, Boise, ID 83702 Project Name: Meridian Plan Check CH2M HILL Project: Client: City of Meridian Address: 660 E. Watertower, Meridian, ID 83642 CLIENT requests and authorizes CH2M HILL to perform the following services: .. - See Attachment A • • - by CLIENT to CH2M HILL will be on the basis of:Time and materials per Attachment A. • See Attachment A for Schedule Services covered by this AGREEMENT will be performed in accordance with the Provisions and any attachments or schedules. This AGREEMENT supersedes all prior agreements and understandings and may only be changed by written amendment executed by both parties. CLIENT: CH2M HILL, INC.: Signature Signature Name (printed) Name (printed) Mark Bowen Title ~~ Title Vice-President, Area Office Manager Date Date `~ ~~ ~~ FoRM124 REVISED: 7/97 ~~ PROVISIONS 1. Authorization to Proceed Execution of this AGREEMENT by CLIENT will be authorization for CH2M HILL to proceed with the services, unless otherwise provided for in this AGREEMENT. 2. Salary Costs CH2M HILL'S Salary Costs, when the basis of compensation, are the amount of wages or salaries paid CH2M HILL employees for work directly performed on the Project plus a percentage applied to all such wages or salaries to cover all payroll-related taxes, payments, premiums, and benefits. 3. Per Diem Rates CH2M HILL's Per Diem Rates, when the basis of compensation, are those hourly or daily rates charged for work performed on the Project by CH2M HILL employees of the indicated class'rfications. These rates are contained in the COMPENSATION section on page 1 and are subject to annual calendar year adjustments. 4. Affiliated Companies Work performed under this AGREEMENT may be perforrned using labor from affiliated companies of ENGINEER. Such labor will be billed to OWNER under the same billing terms applicable to ENGINEER's employees. 5. Subcontracts and Direct Expenses When SERVICES are performed on a cost reimbursement basis, a markup of 0% percent will be applied to subcontracts and outside services and a markup of 0% percent will be applied to Direct Expenses. For purposes of this AGREEMENT, Direct Expenses are defined to include those necessary costs and charges incurred for the Project including, but not limited to: (1) the direct costs of transportation, meals, lodging, mail, shipping, equipment and supplies; (2) CH2M HILL'S current standard rate charges for direct use of CH2M HILL's vehicles, laboratory test and analysis, printing and reproduction services, and certain field equipment; and (3) CH2M HILL's standard project charges for computing systems, special health acid safety requirements of OSHA, and telecommunications SBNICBS. CLIENT will exercise reasonableness in disputing any bill or portion thereof. No interest will accrue on any disputed portion of the billing until mutually resolved. 10. Limitation of Liability CH2M HILL's liability for CLIENTS damages will, in the aggregate, not exceed $100,000. This Provision takes precedence over any conflicting Provision of this AGREEMENT or any document incorporated into it or referenced by it. This limitation of liability will apply whether CH2M HILL's liability arises under breach of contract or warranty; tort, including negligence; strict liability; statutory liability; or any other cause of action, and shall include CH2M HILL'S officers, affiliated corporations, employees, and subcontractors. 11. Severabllity and Survival If any of the provisions contained in this AGREEMENT are held illegal, invalid or unenforceable, the other provisions shall remain in full effect. Limitations of liability shall survive termination of this AGREEMENT for any cause. 12 No Third Party Beneficiaries This AGREEMENT gives no rights or benefits to anyone other than CLIENT and CH2M HILL and has no third party beneficiaries except as provided in paragraph 10. 13. Materials and Samples Any items, substances, materials, or samples removed from the Project site for testing, analysis, or other evaluation will be returned to the Project site unless agreed to otherwise. CLIENT recognizes and agrees that CH2M HILL is acting as a bailee and at no time assumes title to said items, substances, materials, or samples. CLIENT recognizes that CH2M HILL assumes no risk and/or liability for a waste or hazardous waste site originated by other than CH2M HILL. 14. Assignments All sales, use, value added business transfer toss recei is consent of the other party. Any unauthorized assignment is void and Neither party shall have the power to or will assign any of the duties or rights or any claim arising out of or related to this AGREEMENT, whether arising in tort, contract or otherwise, without the written g p , or unenforceable: other similar taxes will be added to CH2M HILL's compensation when invoicing CLIENT. 15: integration 6. Cost Opinions Any cost opinions or Project economic evaluations provided by CH2M HILL will be on a basis of experience and judgment, but, since CH2M HILL has no control over market conditions or bidding procedures, CH2M HILL cannot warrant that bids, ultimate construction cost, or Project economics wiU not vary from these opinions. 7. Standard of Care The standard of care applicable to CH2M HILL's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time CH2M HILL'S services are pertorrned. CH2M HILL will reperform any services not meeting this standard without additional compensation. 8. Termination This AGREEMENT may be terminated for convenience on 30 days' written notice or if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. On termination, CH2M HILL will be paid for ail authorised work performed up to the termination date plus termination expenses, such as, but not limted to, reassignment of personnel, subcontract termination costs, and related closeout costs. This AGREEMENT incorporates all previous communications and negotiations and constitutes the entire agreement of the parties. If CLIENT issues a Purchase Order in conjunction with perforrnance of the Services, general or standard terms and conditions on the Purchase Order do not apply to this AGREEMENT. 16. Force Majeure If performance of the Services is affected by causes beyond CH2M HILL'S reasonable control, project schedule and compensation shall be equitably adjusted. 17. Dispute Resolution The parties will use their best efforts to resolve amicably any dispute, including use of alternative dispute resolution options. 18. Changes Client may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CH2M HILL'S cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. 9. Payment to CH2M HILL Monthly invoices will be issued by CH2M HILL for all Services performed under this AGREEMENT. CLIENT shall pay each invoice within 30 days. Interest at a rate of 1-1/2 percent per month will be charged on all past-due amounts. In the event of a disputed billing, only that disputed portion will be withheld from payment, and the undisputed portion will be paid. FoRM124 REVISED: 7/97 i~ •~ ~,o,~~ Attachment A -Scope of Work, Fee, and Schedule Meridian Plan Review Consulting Services Article 1-Scope of Professional Services This Scope of Work describes the professional services necessary to provide plan review consulting services to the City of Meridian (City) and includes the following tasks: • Review Meridian's Standard Specifications and Drawings to become familiar with standard requirements. • Review sanitary sewer, storm sewer, water, and irrigation designs on plan sets submitted to the City by developers. The review of the storm sewer and irrigation designs is only for compliance with DEQ separation requirements. It is anticipated that two-plan sets per week will be reviewed, the subdivisions will average 75 to 100 lots per subdivision and, plan sets will include approximately 20 drawings per subdivision requiring review. • Review City's standard checklist and other drawings as necessary to complete the review. • Provide for Courier service for pickup and delivery of plan sets • Prepare and sign Qualified Licensed Professional Engineer (QLPE) Approval Letter for submittal to IDEQ. • Review record drawings after construction and submit record drawings to IDEA. This will only apply to projects that CH2M HILL is the QLPE. • Consult with City plan reviewers on an as-needed basis • Develop a history of required review hours and costs, such that aper-lot fee can be determined for future QLPE reviews. An itemization of hours per project will be returned with the plan set and approved letter. Assumptions. We have made the following assumptions in preparing this Scope of Services: • The City will do the initial reviews of the plan sets and will deliver 100% sets to CH2M HILL. . • The City will review and,/or update water system and sanitary sewer system models to determine if development is in compliance with the City's water and sanitary sewer master plans and that pipelines are of adequate size to convey required flows and deliver adequate pressures. _ • We will not conduct reviews of plans, specifications, or calculations for items not directly related to sanitarr~ sewers, storm sewers, water, or irrigation systems. • Completion of record drativings is by the Developer and/or the Developer's Engineer. City will provide initial reviews of record drawings and will deliver 100% record drawings to CH2M HILL. P:11421341WBT02 6.DOC i• ~• MFRINAIJ PI 6N C47CCI( cCOVIn[c ginner nr u,... Article 2-Fee Arrangement. ~,L~~oo~ Fee shall be on a Time and Materials Basis not to exceed based on a 3.1 raw labor multiplier. Direct expenses will be billed at cost. Communications, computer, and health and safety expenses will be charged. on an hourly basis. Hourly rates will be adjusted yearly by 3% to account for inflation. Article 3-Schedule A one week turnaround on each plan set will be achieved unless circumstances beyond CH2M HILL's control prevents this. Within 3 months of the execution of this contract, the per lot fees will be established and this contract renegotiated. PAGE 2 OF 2 •• N May 5, 2006 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Public Works ITEM NO. S-O REQUEST Approve Contract for the South Area Liff Station and Pipeline Project Amendment No. 1 with CH2M Hill: 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: COMMENTS See Attached Memo /Contract MERIDIAN SCHOOL DISTRICT: ~l ~y ADA COUNTY HIGHWAY DISTRICT: ~ 1 SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. r.~ Ci ty of Mer idi an Pu al ic Wor ks ge pt. Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 05/04/2006 ~ ~C;~~, MAY ~ ~ 2006 City Of ~lteridiax~. City Clerk Office Re: Proposed Agenda Item for May 9, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the May 9 City Council agenda, under Consent Agenda, for Council's consideration: 1. Blackstone Lift Station Abandonment Star Construction, LLC submitted a quote to abandon the Blackstone Lift Station for $18,958.07. The Project consists of the abandonment of the Blackstone Lift Station. This abandonment will be completed when the Blade Cat Lift Station is ready to accept wastewater. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Blackstone Lift Station Abandonment with Star Construction, LLC for $18,958.07 and authorize the Mayor to sign it. 2. Chanae Order No. 2 for the Black Cat Trunk Sewer Phase 1 Proiect Additional work is required for the completion of the Blade Cat Trunk Sewer Phase 1 Project. This change order consists of the following work: Addition of one manhole and 45 lineal feet of 8" sewer near the intersection of Black Cat Road and Big Creek Court. A large 20' patch is required for the surface restoration of Black Cat Road. Bodiford Construction, Inc submitted a cost for this change order as summarized below: Bodiford Construction, Inc. $29,360.00 • Page 1 ~~ ~• Recommended Council Action: The Public Works Department recommends that City Council approves Change ®rder No. 2 for the Black Cat Trunk Sewer Phase 1 Project with Bodiford Construction Inc for $29,360.00 and authorize the Mayor to sign it. 3. Meridian Plan Check. CH2M HILL has submitted a task order, scope of work, and budget for the professional services. They propose to complete the work for $24,000. This is an extension of the City of Meridian purchasing policy that went into effect April 18, 2006. This project provides the professional services necessary to provide plan review consulting services to the City of Meridian. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Meridian Plan Check with CH2M HILL for $24,000 and authorise the Mayor to sign it. South Area Lift Station and Pi eline Project Amendment No. 1. CH2M HILL, Inc. has submitted a task order, scope of work, and budget for this design project. They propose to complete the work for $62,100. This is an extension of the contract that was approved by City Council January 3, 2006 for the South Area Lift Station and Pipeline Project. This project consists of the evaluation of the alignments of the pressure sewer, an evaluation of the schedule and opinion of probable costs and a preliminary design report for this project. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the South Area Lift Station and Pipeline Project Amendment No. 1 with CH2M HILL, Inc. for $62,100 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 2 r ~ ~ ~~ ~~ AMENDMENT No. l TO THE AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF MERIDIAN MASON CREED LIFT STATION AND PIPELINES PROJECT BETWEEN CITY OF MERIDIAN AND CH2M HILL, INC. This Amendment is entered into by and between City of Meridian (OWNER) and CH2M HILL, Inc. (ENGINEER). A. OWNER and ENGINEER entered into an Agreement (AGREEMENT) for Engineering Services for the City of Meridian Mason Creek Lift Station and Pipelines project, dated January 3, 2006. B. Article 5.10, of the AGREEMENT provides that the AGREEMENT may be amended by written amendment to the AGREEMENT as agreed to by OWNER and ENGINEER. C. OWNER and ENGINEER desire to amend the AGREEMENT. Now, Therefore, the parties agree to the following modifications: See Attachments A and B. 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 HII,L, Inc. dated this r ~ day of ~ , By: A Name Title For City of Meridian dated this day of , 2006. By: Name Title •~ ~~ Attachment A 3.5.2 Preliminary Forcemain and Gravity Sewer Alignments. Using the mapping developed in a previous task, plan and profile sheets will be developed at 1 inch equals 40 foot scale Initial utility characterization sufficient to develop a preliminary alignment will be provided. Major utilities will be contacted and utility maps will be obtained. Develop a preliminary horizontal alignment of the forcemain and gravity sewer within the public ROW. Preliminary traffic control requirements and required easements will be shown. Manholes and structure designs and final vertical alignments, will be deferred until final design. 3.5.3 Force Main Odor Control and Maintenance Evaluation. Based on the results of a previous task, system configuration, odor control maybe necessary and control technologies will be evaluated. Pigging requirements of the force main will be evaluated in this subtask. 3.5.4 I-84 Crossing Evaluation Conduct field investigative work including 1 soil boring at each side of I-84 to establish design criteria for the technology evaluation. This work will include utility locating and traffic control (if the boring is located in a street). Conduct laboratory testing on the samples collected. Prepare a geotechnical data report s,~mn,ari~jng all field activities and laboratory test results. Prepare a geotechnical memorandum recommending design criteria for the I-84 crossing, and define expected water surface elevations, if water is encountered. CH2M HILL will evaluate several trenchless technologies for crossing the interstate including guided and unguided boring, pipe ramming, and microtunneling. 4.0 Evaluation of Schedule and Opinion of Probable Costs. Order of magnitude opinions of probable construction cost and O&M (operation and maintenance) cost will be prepared. Cost opinions will include capital and annual O&M costs. Capital costs include construction costs, associated engineering and construction services costs, legal and administrative cost, sales tax, and appropriate contingency. A life cycle cost analysis will also be developed and documented based on a defined project life and cost of money interest rate, inflation rate adjustments, and all costs disbursements (capital, annual, and replacement costs). An evaluation of the project schedule will include design, bid and award, equipment delivery (if long lead time), and construction schedule. - 5.0 Preliminary Design Report Prepare a preliminary design report that summarizes the results of the preliminary design and deliver 3 copies to the City for review and comment. Drawings will represent approximately the 10 percent point of completion during the predesign effort, and will include mechanical and instrumentation and control (I&C) schematic drawings drawings. Meet with the City to review the preliminary design report. Incorporate City comments into final report. Submit 3 hard copies of the final predesign report to the City. ~• Attachment B Level of Effort and Schedule Level of Effort ~~ The task level of effort estimates are summarized in the following table. CHZM HILL has developed this preliminary level of effort estimate based on the workplan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below. Additional work will not be performed without the prior approval of the Owner. Level of Effort Task Description Total Task 3.5.2 Alignments $23,600 3.5.3 Odor Control $9,400 3.5.4 I-84 Crossing $18,500 4 Cost Estimate and ScFuedule $4,000 5 Final Report $6,600 Summary -All Tasks $62,100 Schedule We will submit the prelimnary design report in May of 2006. M May 5, 2006 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT PUbIIC WOfks ITEM NO. 5~P REQUEST Approve Easement for Nampa Meridian Irrigation District at Well 25 on Lot 1 Block 2 of Messina Hills Sub. No. 1 for Ingress and Egress to, and for Installation, Operation and Mtnc of an Irrigation System Pump Station & Assoc. Facilities 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: SEffLERS IRRIGATION: IDAHO POWER: US W EST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached Memo /Easement ~,/ ~ Date: Phone: Staff Initials: Materials presented) at public meetings shall become properly of the City of Meridian. ~~c~~~ MAC d ~ 200 City Cf liKex°idia~ City Clerk ®ffice Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer i~ CC: File Date: May 4, 2006 Re: Proposed Agenda Item for May 9, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the May 9 City Council agenda, under Consent Agenda, for Council's consideration: Easement for Nampa Meridian Irrigation District at Well 25 This easement is being granted by the City to Nampa Meridian Irrigation District for ingress, and egress to, and for installation, operation, and maintenance of an irrigation system pump station and associated facilities. This easement is located on the same property as well 25, which is Lot 1, Block 1, Messina Hills Subdivision No. 1. Recommended Council Action: The Public Works Department recommends that City Council approve the easement on Lot 1, Block 1, Messina Hills Subdivision No.1 for ingress and egress to, and for ins~llation, oration, and maintenance of an irrigation system pump station and associated facilities, 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 ~ •~ ~~ IN WITNESS '~~~IHE.REOF, t#ae p~a•tics hereto have executed this Perpetual Easement the day and year first above «jritten. '~ ICE. CITY OF MERIDIAN By Tammy de Weerd, Mayor By City Clerk STATE OF II3~AI~O } } ss: COUNTY OF Ada ) On this day of , 2005, before me, the undersigned, a notary public in and for said state, personally appeared TAMMY DE WEERD and Mayor .and City Clerk of the City of Meridian, know to me to the Mayor and City Clerk of the City of Meridian that executed the foregoing instrument and acknowledged to me that the City of n~Ie.ridian executed the same. IN WITNESS W I~EREOF, I have hereunto set any hand and affixed my official seal, the day and year in this certificate fir,~,t abo~~e written. Notary Public far the State of Idaho residing at Idaho My commission expires: PERPETUAL EASEMENT-rAGE2 • • . ~ ,EXHIBIT °°,q" ~• DESCRIPTi®N F®R NMI® ACCESS EASEIUIENT AIIERIDIAN WELL- LOT MESSINA HILLS SUBDI'1lISICN NQ, 1 April 28, 2006 • AN ACCESS EASEMENT tN FAVOR of NAMPA MERIDIAAN IRRIGATION DISTRICT LYING IN LOT BLOCK 1, OF MESSING H#LLS SUBDNISION NO, i, LOCATED [N THE NE 1/4 OF SECTION 29, 1 •TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADq COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/4 (NORTH 1/4 CORNER OF SECTION 29, T.3N., R.1E., B.M., THENCE S 89°36'38" E 902.73 FEET ALpNG•THE NORTH LINE OF THE NE 1/4 OF SAID SECTION 29 TO A POINT; THENCE S 00°23'22° W 25.00 FEET,TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF E. VICTORY ROAD, ALSO BEING THE NORTHWEST CORNER OF LOT 1, BLOCK 1, 11ilESSINA HILLS SUBDiVISfON NO. 1; AS RECORDED IN BOOK 87 OF PLATS, AT PAGES 9829 - 9832; RECORDS OF ADA~ COUNTY, IDAHO; THENCE S 89°36'38° E 76.99 FEET ALONG SAID RIGHT OF WAY TO THE REAL PAINT OF BEG#NNING OF THIS DESCRIPTION; THENCE CONTINUING S 89°36'38" E 20,30 FEET TO A POINT ON A CURVE; - THENCE ALONG A CURVE TO THE RIGHT 118.04 FEET, SAID CURVE HAVING A RADIUS OF 395.90 FEET, A DELTA ANGLE OF 21°28'1'3° TANGENTS OF 59.72 FEET, AND A CHORD BEARING S 29°58'18" E 117.35 FEET TO A POINT OF TANGENCY; THENCE S 1'9°14`12" E 76.32 FEET TO A POINT; THENCE S 89°44'40" E 38.00 FEET TO A 1?O1NT; THENCE 5.00`28'30" W 45.Orj FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1; . THENCE N 89°44'40" W 37.82 FEET TO A POINT ON THE EASTERLY EASEMENT LINE FOR THE RIDENBAUGH CANAL; ALONG SAID EASEMENT LINE AS FOLLOWS: THENCE N 19°14'12° W 118.75 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 125.76 FEET, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 24°01'09°, TANGENTS OF 63.82 FEET, AND A CHORD BEARf NG N 31°14'47" W 124.85 FEET TO THE REAL POINT OF BEC~[NNING OF THIS DESCRIPTION. WAYNE K. BARBER, 50602-PI AccessEase.doc P.L.S. 8444 } ~5, JL. TV 1 11 v. ~a yyv LI\1911\LLI\tt\y • \LVV/ vTJ'L/JV EXHIBIT "B" N 1/4 CORNER - E. VICTORY ROAD 1/16' CORNER 20 _ _ S 89°3_6'38"E 1341.42' 2g 902.73' r°_._._.-•---•-.._._- 438.69'._._._._._._. ---0- ~_ _ _ '~ 76.99'~~~ --- --- 2-- - \\ \ `C~ ~ . ~ 3 , ~~~~ ~~~~- r ~ -~ ~~ L~ L _ J ~~ ~~ 15' ~ ~ I ~ ~ ~~ I ~ 1 5~ l ~~~ ~ ~~ ~ UMP STAB ~ .1 --~- ;, ~ ~ ~ . ~v ~ ~~ ~ ~ ~` ~~ ~ \ \ ~~ . ~ ~ `~ ~~, ~ ~ ~ RIDENBAUGH CANAL - ~ 1 3 ., g I .. ~ ._ __ . . i __-- BRIGGS ENGINEERING, INC. NMID IRRIGATION PUMP STATiOI~t ACCESS EASEMENT $~ ~ G G S MESSINA HILLS SUBDIVISION Na. 7 LOCATED IN THE NE 1 /4 OF SECTION 29, (20$l~4-s~oo T.3N., R.9 E., B.M., MERIDIAN, ADA .COUNTY, IDAHO taoa w. ovERt.a:do Roan DESIGN DRAfT SCALE DATE DWG.NO. BOISE, IDAHO 83705 ppM 1'= 60' D4/28/O6 50602 REVISION SHEEP ~~~ \SO6D2-phAccess.dw • • May 5, 2006 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT ITEM NO. $-Q REQUEST Approve Beer and Liquor License Applications for William R. Kosterman for The Busted Shovel at 704 N. Main 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: Emailed: COMMENTS See Attached Memo / Applkation /Comments Date: Phone: Staff Initials: Materiels presented at public meetings shall become properly of the C(ty of Meridian. N N May 5, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT May01'S Office ITEM NO. 6-14-1 REQUEST Proclamation for Letter Carriers Food Drive Day: 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: COMMENTS See Attached Proclamation 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. .• ,t "~ ~~ ^ ~ P ilf ~ [+,~'~~ ~fed~. 1- v~ '~~ G1TL~ ~?F ~ ~ ~ ~I~ ~" - -}qq~ o • ~R ~ re It IDAHO V° f gltlLE ,i403 ~6ie Office of tFie 91~layor PROCLAMATION WHEREAS, the National Association of Letter Carriers (NALC) and the U.S. Postal Service in the City of Meridian and Ada County have organized a food drive; and WHEREAS, the Postmaster General has recognized this effective and unique door-to- doorfood drive and designated this event as a national community service project of both the NALC and the U.S. Postal Service in Meridian and more than 10,000 other locations around the country; and WHEREAS, an estimated 30 million people go hungry every day in America, including more than 12 million children, and in Idaho approximately 190,000 Idaho residents worried that they could not afford to buy food, and 48,000 people actually went hungry; and WHEREAS, there are about 68,400 working poor in Idaho, and the working poor continues to be a growing segment of the population in Meridian and Idaho, and Idaho continues to loose manufacturing jobs, which are replaced by lower paying service jobs; and WHEREAS, the Idaho Foodbank distributed 5.6 million pounds of food to more than 215 partner agencies in 2005, which serve 15,100 people weekly and 81,400 individuals annually, and because the Foodbank network depends on its friends at the U.S. Postal Service and Postal patrons for support; THEREFORE, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Saturday, May 13th, 2006 as Letter Carriers Food Drive Day urging all members of the Meridian community to generously respond to the needs of the Idaho Foodbank network and to the invitation of the National Association of Letter Carvers to become part of the solution to the hunger in Idaho. Dated this 9th day of May, 2006. as~r~ Tammy de rd, Mayor Shaun War e, City Council Joe Borton, City Council Keith Bird, City Council Charlie Rountree, City Council ~ N WHEREAS. the National Association of Letter Carriers (NALC) and the U.S. Postal Service in Ada County have organized a food drive; and WHEREAS, the Postmaster General has recognized this effective and unique door- to-door food drive and designated this event as a national community service project of both the NALC and the U.S. Postal Service in Boise and more than I0, 000 other locations around the country; and WHEREAS, an estimated 30 millian people go hungry every day in America, including more than 12 million children, and in Idaho approximately 190,000 Idaho residents worried that they could not afford to buy food; and 48,000 people actually went hungry; and WHEREAS, there are about 68,400 working poor in Idaho, and the working poor _ continues to be a growing segment of the population in (city) and Idaho, and Idaho continues to loose manufacturing jabs which are replaced by lower-paying service jobs; and WHEREAS, The Idaho Foodbank distributed 5.6 million pounds of food to more than 215 partner agencies in 2005, which serve 15,100 people weekly and $1,400 individuals annually, and because the Foodbank network depends on its friends at the U.S. Postal Service and Postal patrons for support. NOW, THEREFORE, I, (name) Mayor of (city or state), Idaho, do hereby proclaim Saturday, May 13, 2006 as: "LETTER CARRIERS FOOD DRIVE DAY" In the City of (city), Idaho, and urge all members of the (City) Community to generously respond to the needs of The Idaho Foodbank and to the invitation of the National Association of Letter Carriers to become part of the solution to hunger in Idaho, IN WITNESS WHEREOF, I have hereunto set my hand on this the 11ei day of May, in the year of our Lord twa thousand and six. (name}, MAYOR (city), IDAHO 5~A6 w~ Pr4~a • May 5, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Parks Department ITEM NO. b-B-1 REQUEST Champion Park Budget Amendment for Impact Fee Reimbursement 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: COMMENTS See Attached Memo Materials presented at public meetings shall become properly of the City of Meridian. Memo To: Mayor /City Council Cc: Will Berg o-~ From: Doug Strong Date: April 27, 2006 Re: Champion Park Budget Amendment _, ~~' MAY ° 9 ~0~~ city ®f AAeridian ~iity ~lerl~ ®ffi~~ The Parks Staff is requesting approval of impact fees for the reimbursement of construction costs for Champion Park at closing on June 1, 2006 in the amount of $212,550.00. Per the Park Development, Park Impact Fee Reimbursement, and Real Property Conveyance Agreement between the City of Meridian and Hillview Development Corporation, Developer of Champion Subdivision Park dated July 26, 2005 states the developer shall receive reimbursement from the City of Meridian for the costs associated with the construction of the park and system improvements identified in Section 2.2 and Section 2.3 of this agreement which totals $212,550.00. The agreement and sections mentioned above are attached for your review. The City of Meridian has agreed in writing to the amount to be reimbursed to the developer for these improvements. This reimbursement shall be paid at closing which is scheduled for June 1, 2006. Staff is requesting this item be placed on the City Council agenda under Department Reports for May 9, 2006. TOTAL IMPACT FEE REIMBURSEMENT $212,550.00 • ~. ~o ~~$~ ~~ ~~~~~ ~ ~~~ ~~~~~~ ~g~$~` ~S 4 o ~ ~ ~ ~ ~a~~ ~~~ ~~ ~ ~~ ~~° ~~~ ~~ ~~ ~~ F $® ~ ~~~ mAi G E 0. w .~ a w V LW a~~.~ ~m~~ N ~~~ M ~~ ~~ ~~~~~ ~~~~ ~~~~~~ ~~~ s ~~c~ .~ E irT ~~ ~~ . ~~~~~~ tQ N ~,. 7 ~~~ ~ ~ ~. s ~~~ E ~.m~ ~ am~E ~~~mo~~ of o~~ -" a ~~ ~~ q~_ too va+~ ~ ~ o act ~3~ ~wz zw~ W U ~ W U ? m W a ~~ ~ ~. ~~ ~~ $~ ~~ 'NO ,~ s 3 .~ ~~ ~~ ~~ sm ~~ ~~ ~~ ~~ 0 d a w ~~ ~O ~~ ~~ ~2 W a Z ~ ~ p ~W . O~ ~ ~ Z ~ W 4 ' W a~ o m ~ a ~ ~' a v ~' {L m d Y ~ ~ ~ h C a C~ J December 22, 2005 City of Meridian 3 3 East Idaho Meridian, Idaho 83642 Attn: City Clerk Re: Champion Park City Park Extension Hillview Development Corporation hereby requests an extensian of the "Park Development, Park Impact Fee Reimbursement, and Real Property Conveyance Agreement" until June 1, 2006 for the City Park we constructed in Champion Park Subdivison. This request is necessary due to the delay in obtaining a building permit for the restroom building and due to inclement weather. We have coordinated this request Doug Strong and Elroy Huff of the Parks Department and they are in agreement to allowing it. Sincerely, a~ Jim rkle~ Presi ent Hillview Development Corp Approved by: City ofM i 'an Date Cc Doug Strong y Apri15, 2006 City of Meridian Parks and Recreatiori Department 11 W. Bower Meridian, ID 83642 Attn: Doug Strong Elroy Huff Re: Champion Park Subdivision City Park Invoice #1 Elroy, Attached is Invoice #1 for the reimbursements for the construction of the City Park within Champion Park Subdivision. Please remit check to: Hillview Development Corp 150 E Aikens Ste A Eagle, ID 83616 Also enclosed is the Park Facilities cost breakdown we provided you back on November 8, 2005. If you have any questions please cal1939-2730 ~~'"~... !~ Best regards, Jim Merkle Hillview Development APR O s 20~ ~:~.~:~~ ITEM Reimbusable Items Section 6.1 Reimbursable Items Section 6.2 Reimbursable Items Section 6.3 Totals • Hillview Developme orporation 150 E. Aikens Suite A~ Eagle, ID 83616 Champion Park Subdivision City Park City Park Invoice No. 1 April 5, 2006 PERCENT Amount PREVIOUS AMOUNT BUDGET COMPL Complete INVOICE THIS INVOICE $212,550.00 50.00% $1061275.00 $0.00 $106,275.00 $134,046.12 0.00% $0.00 $0.00 $0.00 $7,061.62 100.00% $7,061.62 $0.00 $7,061.62 $353,657.74 $113,336.62 $0.00 $113,336.62 r ~ p N O ~ ~ ti O ~ ~ ~ t 0 t D O ~ ~ r ~ M ~ fA fA ~ ~ m m ~ ~ U C C C C C C C L C UUUUU '~ ~ U <( o ~ _ ~ d N N N N N N c O N :a S ~ N N N~ C N (~ O N N , V U' C7 C7C~U' m 'U N C _ Q ~ ~~~~~ Y Y ~ Y Y N aO~.a~~ U Y . = (Q O (~ ° Q N c °' ~ V o c°oc°uc°amc o m~rn2c 2 2 2 2 2 z~ Q m= 0 N O^ 0 0 ~ ~ = J J J J J W W W W J ~ O J JJ JJ HHI-I--~J W W W W ~ ~ ~ ~ ~ ~ ~ ~ J J J J ~ r ~° ~~~~~ aaaacr~ H zzzzz ~~~gz ~, y oooo Z Z v zzzzz 00000 OI~OOtC) N N 00000 OLp~00 ~- r +~+ 0000 OCflf~OOD N CO N f~ B O O M O~ O H O CD ct O o0 ~t O I~ ~ N M M O ~- to O V MN<T'~'~- ~tOC~~M CO et r O EA ff} EA EF1 ER fA Ef? ~ M r~l EA ~! ~ ~ EA ..+ C h O O :~. U ~ - ~ ~' ~ c o M O^^. ~ ~ n ~° o~Q~ c"+ov ~~U G ~ooo °~~~~° N o ~ ' > C Q N N N E ~ C C C °~ N ~- N ~ 7 v d 0 0 0 -O m N O r .Q la O O E~ N ~ '~.n000 cfl V Ln O s (Q f0 m m N ~ ~~ ~ O C d 0 w ,-. U fA N N N - O .Q .G O N N v ~ ~ C 7~ ~~ X 0 0 ~ ~ .O. ~~ ~ N N N m fA ~ ~ d ~ .V .V X 0 0 N Y~ U U U N N ~? ~~~~ N X 0 0 0 0 O d O an.aan. mwUUUa v a ~ ~ • :~ °,. ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT ,DO 18 BOISE IDAHO 08!17/06 10:47 AM DEPUTY Bonnie Oberbillig III III'I~III'II'I'II~IIIIIII'II'I'I~ RECORDED-REQUEST OF Meridian Ciry 10115813 PARK DEVELOPMENT, PARK IMPACT FEE REIlVISURSEMENT, AND REAL PRi7PERTY CONVEYANCE AGREEMENT Parties: City of Meridian Hillview Development Corporation, Developer This Agreement is entered into this ~ day of s~~~- 1 , 2005, by and between the City of Meridian, a municipal corporation of the Statb of Idaho, whose address is 33 East Idaho Street, Meridian, Idaho 83642, hereinafter referred to as "City" or "MPR", and the Developer of the Champion Park Subdivision, Hillview Development Corporation, whose address is 150 East Aikens, Suite A, Eagle, Idaho 83616, hereinafter referred to as "Developer". WHEREAS, the City, pursuant to § 10-7-9, Meridian City Code, and § §67-820 and 8209, Idaho Code. has the authority to enter into agreements with developers for the construction of system improvements when the same are to be paid by development impact fees, including park and recreation facilities; and WHEREAS, the Developer is entitled to receive credit or reimbursement of development impact fees, for the present value of any construction of system improvements of the category for which the development impact fee is being collected, provided that an agreement for such credit or reimbursement is negotiated in good faith and entered into prior to such construction; and WHEREAS, the Developer has agreed to provide the construction, installation and inspection of the improvements necessary to construct the Project strictly adhering to City specifications at a fixed price, the benefit of the Developer being completion of the design and construction of the Project at a date earlier than would be possible if the City were to undertake such design and construction, and the benefits to the City being the completion of construction of the Project at substantially less cost and expense, resulting in a savings to the citizens and residents of Meridian, and the obtaining of a park for the use and enjoyment of the citizens and residents of Meridian at a date earlier than would otherwise be possible, which benefits to the City are determined substantial and in the best interests of the City and its citizens and residents; and PARK DEVELOPMENT AND PARK IlVIPACT FEE REIMBURSEMENT AGREEMENT PAGE 1 OF Il8 ~, • • WHEREAS, the submitted plat includes a six (6) acre neighborhood park site; and WHEREAS, the City agrees that the use of the park impact fee credits or reimbursements will help the City achieve its goal of increasing inventory of neighborhood parks. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the Developer and the City do hereby agree as follows: As used in this Agreement, the following words have the meanings herein stated: 1.1 CITY shall mean the City of Meridian acting through its Parks and Recreation Department (MPR). 1.2 PROJECT REPRESENTATIVE shall mean the person appointed by the City to act on its behalf as to matters indicated under this Agreement. The appropriate Project Representative during the Design Phase is Doug Strong or his designee and during the Construction Phase is Doug Strong or his designee. The City may employ an additional outside consultant to act with and on behalf of the City as an inspector. 1.3 DEVELOPER shall mean Hillview Development Corporation, whose address is 150 E. Aikens, Suite A, Eagle, Idaho 83616, the Developer of the Champion Park Subdivision. 1.4 THE DESIGN ENGINEER FOR PARK DESIGN shall mean the firm of Harvest Design, 6001 W. State Street, Suite C, Boise, Idaho 83703; and the DESIGN ENGINEER FOR PARI~NNG LOT, DRAINAGE, AND GRADING shall mean the firm of Engineering Northwest, LLC, 423 N. Ancestor Place, Suite 180, Boise, Idaho 83704. 1.5 PROJECT shall mean the design and construction of Lot 12, Block 11, of Champion Park Subdivision No. 3, consisting of approximately 6 acres, as required by the City and as approved by the Board of Park and Recreation Commissioners as limited by the itemized Scope of Work. 1.6 PROGRAM DOCUMENT shall mean all of the requirements and minimum quality standards applicable to the Project outlined by the City in its Standard Plans, Details and Specifications. The Developer warrants that its Design Development Documents and its complete design and construction of the Project, does and will fully satisfy or exceed the requirements of the Program Documents in providing fully functional facilities, unless indicated otherwise in the approved Design Development Documents. If quality levels are not stated in the Program Document, it shall remain at the same level of quality and workmanship established for the rest of the Project. PARK DEVELOPMENT AND PARK IMPACT FEE REIlVIBURSEMENT AGREEMENT PAGE2®F 18 1.8 ~~® shall- mean all labor, equipment, materials and services necessary or appropriate to design and construct the Project. 1.9 CONSTRiTCTION DOCUMENTS shall mean the completed and fully detailed drawings and specifications prepared by the Developer setting forth in detail the requirements for construction of the Work. Upon review and acceptance of the Construction Documents by the City, the same shall be incorporated into this Agreement. The Construction Documents shall become the property of the Cityy. Construction Documents must comply with the Program Documents and the Design Development Documents, or with deviations agreed to by the City. 1.10 THE CONTRACT DOCUMENTS shall mean this Agreement, and any other modifications authorized by Change Order issued pursuant to this Agreement. The Developer shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications, and other services furnished under this Agreement. The Developer shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. In the event of any inconsistencies among the Contract Documents, the documents will first be interpreted as a reasonable whole to assure that the goal of a functional facility is achieved. Should the inconsistency still exist then, the documents will be interpreted as follows: The Construction Documents, the Design Development Documents and then the Program Documents. 2. DEVELOPER AGREES TO THE FOLLOWING RESPONSIBILITIES: 2.1 TRANSFER OF TITLE: In order for Developer to comply with site specific condition of approval #35 of FP-OS-019, this agreement shall be considered a binding obligation by Developer to transfer title to the six (6) acre park to be legally described upon recording of the final plat as Lot 12, Block 11 of Champion Park Subdivision No. 3. Transfer of title shall occur after recording of the final plat as follows: a. DEED. Title of Developer is to be conveyed by statutory warranty deed, and is to be marketable and insurable except for rights reserved in federal patents, building or use restriction, building and zoning regulations and ordinances of any governmental unit, rights of way and easements established or of record, any other liens, encumbrances or defects approved by City. b. CLOSING DATE. On or before the closing date, the City and Developer shall deposit with the closing agency all funds and instruments necessary to complete the transaction. The closing date shall be no later than December 31, 2005. Closing shall not occur until City provides notice that the Project has been constructed according to the standards and PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 3 OF 18 • specifications set forth in this Agreement and that all bile contingencies have been satisfied. c. 'T'ITLE C,®i~~IPANV/CLOSIl~G AGENCY'. The parties agree that Pioneer Title Company shall provide any required title policy, preliminary report of commitment, and shall act as the closing agency for this transaction. The title company contact is Sue Rich at the Rifleman Branch. Each party agrees to pay one-half of the closing agency's fee. d. TITRE INSUI2AloTCE. The City intends to purchase a standard Owner's Title Policy premium in this transaction. The Title Company is to provide all parties to this Agreement with a preliminary Title Report on as soon as possible after the recording of the final plat. The City shall have 30 days to object in writing to the condition of the title as set forth in the report, unless said time period is extended pursuant to this agreement. In the event the City makes written objection to the title, Developer shall have a reasonable time, not to exceed 30 days, to cure any defects of title or provide affirmative title insurance coverage. The final Title Insurance policy shall be delivered to the City by the Title Company as soon as possible after closing. 2.2 DEVELOPER AGREED IlVIPROVEMENTS. For the agreed-upon amount of Two Hundred Twelve Thousand Five Hundred Fifty Dollars ($212,550.00), Developer shall construct the following park improvements to the City's park specifications and design. Payment shall be made pursuant to Section 6 of this agreement. a. Site Grading (rough and final grade). b. Install pressurized Irrigation System; including, pressure irrigation pump station, and irrigation pond adjoining the park. c. Hydro-seeding. d. Tree planting. e. Parking Lot construction. f. Construct the concrete and asphalt walkways (including the ten- (10) foot wide multi-use pathway through and along the site, and the micro-paths which enter into the park. g. Install open-vision fencing along the north and south sides of the park. h. Provide sewer and water service to the park, including water, sewer, and other utility stubs (electrical and phone) for the restroom and shelter facility. i. Prepare subbase for playground and install sidewalk and curb surrounding play area: . 2.3 ADDITIONAL IlVIPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER AND REIlVIBURSED BY CITY. Developer shall construct the following additional improvements, for which Developer shall be reimbursed by City pursuant to section 6 of this agreement. Developer shall coordinate with City PARK DEVELOPMENT AND PARK IMPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 4 ®F 18 • regarding the bidding of these improvements and shall not begin construction or incur any expense until City has agreed in writing to the amount to be reimbursed to developer for these improvements. a. Picnic Shelters b. Restrooms c. Installation of playground equipment d. Basketball court. 2.4 The system improvements shall be installed and constructed as shown on the plans, details and specifications which are in accordance with MPR's adopted Master Plan and MPR's standard plans, details and specifications, as per the Technical Specifications for the Park, submitted by Harvest Design . These Contract Documents shall be approved by the Director and other applicable government agencies prior to development. 2.5 The Developer shall secure and pay for all necessary approvals and other charges required for or incurred for the design and/or construction of the Project and to permit the City's initial use or occupancy of Project, except the City shall pay the plan check fee of the Meridian City Building Department. 2.6 The Developer shall provide all construction supervision, inspection, labor, materials, tools, equipment and all other Work necessary for the execution and completion of the Project. 2.7 The Developer shall substantially complete all Work on the Project no later than the Standard Completion date of December 31, 2005. The Developer shall furnish to the City the schedules and scheduling service. 2.8 The Developer shall at all times keep all areas where work is being performed or materials stored, and surrounding areas, free from the accumulation of waste materials or rubbish caused by his operations. Upon completion of the Work or any portions thereof accepted by City for partial occupancies, the Developer shall remove all waste and rubbish and all construction tools, equipment, machinery and surplus materials from such areas. 2.9 The Developer shall indemnify, defend and hold harmless the City from any fines, costs, and assessments and/or actions imposed or asserted for failure to comply with any safety or health regulations or other laws. 2.10 The City may use the Proposal Documents, the Design Development Documents and the Construction Documents and modifications thereof for any remodel renovation, addition or repair of the Project or any part thereof. PARK DEVELOPMENT AND PARK IlVIPACT FEE REIMBURSEMENT AGREEMENT PAGE 5 OF 18 2.11 The Developer warrants to the City that all materials and equipment furnished under this Agreement will be new; that all Work will be of good quality, free from improper workmanship and defect, and, further, that the materials and equipment used in construction shall be free from all defects and will be constructed and installed in accordance with the Contract Documents. The Developer shall correct any work that fails to conform to the requirements of the Contract Documents where such failure to conform appears during the progress of the Work, and shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one year from the Substantial Completion Date. The provisions of this Agreement apply to work performed by the Developer, subcontractors, consultants, and supplies. All corrections shall be made at no additional cost and at no increase in the contract price. With respect to latent defects not reasonably discoverable within such one year period of time, such defects shall be corrected by Developer upon written request given within one year from the actual date of discovery of such defect, except that Developer shall not be required to correct latent defects first discovered later than five (5) years from the Substantial Completion Date. The foregoing warranties are in addition to and not a limitation of a) all other rights and remedies available at law and equity including any specific additional warranties contained elsewhere in the Contract Documents, b) such warranties as may be available from manufacturers of equipment, suppliers of materials or other third-parties, c) Developer's obligation to complete all Work in strict accordance with the Contract Documents, and d) City's other remedies. 2.12 The Developer will secure and submit certificates of all inspection, testing or approvals to the Project Representative. 2.13 The Developer will collect and submit to the City all manufacturer's warranties and all other documents relating to materials and facilities otherwise required by the Contract Documents. 2.14 The Developer shall be liable to the City for all costs and damages resulting from any defect in materials or workmanship. Any warranties provided by the Developer and of third parties are for the benefit of the City. Developer will be obligated and responsible to City to the full extent of any warranties provided by subcontractors, suppliers, manufacturers or others. 2.15 Developer shall provide such insurance as is required in the section of this agreement titled: INSURANCE, INDEMI~IITY AND WAIVER OF SUBROGATION. 3. CITY AGREES TO THE FOLLOWING RESPONSIBILITIES: 3.1 The City shall provide engineering and architectural design and management services as necessary to complete the Project. The City shall prepare and furnish Construction Documents of the Project in accordance with the Design PARK DEVELOPMENT AND PARK IlVIPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 6 OF 18 ! • Development Documents, all applicable building codes in effect at the time of this Contract execution. All design, engineering, architectural, or other professional services which are a part of the Work shall be performed by duly licensed professionals, skilled and experienced in this type of project. Cost of design services shall be shared equally between Developer and City. City shall reimburse Developer as set forth in section 6 of this agreement. 3.2 The City shall provide specifications for the ten (10) foot wide multi-use pathway for the portion that goes through the park. 3.3 The City shall provide specifications for the pressurized irrigation supply water storage pond. 3.4 The City shall provide specifications for the park's pressurized irrigation pump station that is to be co-located with the subdivision PIJIS pump station. 3.5 The City shall specify the location of the sewer and water stubs to the park. 3.6 The City shall specify the location of other utilities for the park. 3.7 The City shall provide specifications for the PUIS design for the park. 3.8 The City shall designate in writing a Project Representative who shall be acquainted with the Project and who shall act on behalf of the City with respect to the Project, subject to the limitations upon such authority contained in this Agreement. 3.9 If the City becomes aware of any fault or defect in the Project or non- conformance with the Contract Documents, the City shall give prompt written notice to the Developer. This does not relieve the Developer of its responsibility of conforming to the Contract Documents. 3.10 The City shall secure and pay for all necessary approvals, easements, assessments and charges required for use, or occupancy of the facilities, including any plan check fee required by the Meridian City Building Department. 4. SUBCONTRACTORS 4.1 All Work not performed with the Developer's own forces shall be performed under written subcontracts. The Developer shall submit to the City, a list of the names and addresses of all subcontractors, suppliers, and consultants. The Developer shall complete Form WH-5 as required by the State Tax Commission. 4.2 No contract or agreement, express or implied, shall be deemed to exist between the City and any subcontractor, supplier, consultant or other person acting on behalf of the Developer. Developer shall be responsible for the control and PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 7 OF 18 direction of all subcontractors, supplies, and other persons participating in the construction of the Project and shall be responsible to the City for their acts and omissions, and their failure to perform the Work in strict accordance with the Contract Documents. The Developer shall be responsible for the payment of all subcontractors, supplies and other third parties participating in the construction of the Work and shall indemnity, defend, and hold the City harmless from any claim, liability, cause of action, or suit relating to or arising out of the acts of such person or failure to make payments due or allegedly due any of such persons. CONTRACT TIME SCHEDULE 5.1 The Developer shall complete construction by the end of the 2005 calendar year. Time extensions maybe granted hereunder by City in accordance with the provisions of this Agreement. If a time extension is not granted, then in that event if the Developer fails to commence or complete construction within the time periods herein stated, the Developer shall be in default of this Agreement. 5.2 Completion of the Project shall mean the date determined by the Project Representative and the Developer when construction is sufficiently complete in accordance with the Construction Documents so that the City can fully occupy or effectively utilize the facilities for its intended use. A one year warranty shall commence from the Completion Date. At the time of the City occupancy of the Project the City shall direct the Project Representative to execute a certificate of Completion. The City may also direct the Developer or the Project Representative to prepare a list of the items to be completed or corrected with respect to the Project. The City shall not be obligated to accept any portion of the Project until the entire Project is complete. 5.3 The Developer shall notify the City in writing when it believes it has achieved Final Completion. The City shall promptly inspect the Work and, if the City agrees that Final Completion has been achieved, the City shall so document this agreement in writing. Final completion is to be achieved by the end of the 2005 calendar year unless modified by Change Order. 6. REIMBURSEMENTS 6.1 Developer shall receive reimbursement from the City for constructing the park and system improvements identified in SECTION 2.2 this document in the total amount of TWO HUNDRED TWELVE THOUSAND FNE HUNDRED FIFTY AND NO/100 DOLLARS ($212,550.00). This ~eimbursement,shall be paid at closing. 6.2 Developer shall receive reimbursement from City for the costs associated with construction of the park and system improvements identified in SECTION 2.3 of this agreement. Developer shall coordinate with City regarding the bidding of these improvements and shall not begin construction or incur any expense until PARK DEVELOPMENT AND PARK IlVIPACT FEE REIMBURSEMENT AGREEMENT PAGE 8 OF 18 City has agreed in writing to the amount to be reimbursed to developer for these improvements. This reimbursement shall be paid at closing. 6.3 Developer shall receive reimbursement from City for half of the cost of the design services identified in section 3.1 of this agreement. City's share of these expenses is $7, 061.62. Reimbursement for this expense shall be payable upon execution of this agreement. Developer shall submit an invoice to City, and City shall process the payment in the normal course of business. 6.4 All of the conditions of the agreement shall be complied with by the Developer before Developer or his successors may receive a reimbursement for the costs of park. Failure to comply with conditions within the time frame established in the conditions or the terms of this Agreement shall result in a default of this Agreement by the Developer. 7. CHANGES IN THE PROJECT 7.1 Changes by the City: The City, without invalidating this Agreement, may order changes within the general scope of the Project consisting of additions, deletions or other revisions. The Contract Price and the Completion Date shall be adjusted accordingly. Changes in the Project may be authorized onl by written Change Order approved by the City. 7.2 Change Order is a written order to the Developer issued by the City after the execution of this Agreement, authorizing a change in the Project or the Completion Date. 7.3 The City will provide the Developer written authorization and direction to make City requested Design Changes. Any City directed Additional Design Changes will be paid by written Change Order. 7.4 Claims for Additional Cost or Time: 7.4.1 If the developer wishes to make a claim for an extension in the Completion Date or in an instance where the Developer contends it was delayed by an act or omission of City it shall give the City written notice thereof within five (5) calendar days after the occurrence of the event giving rise to such claim. This notice shall be given by the Developer before proceeding to execute any Work affected by the event giving rise to such a claim, except in an emergency endangering life or property in which case the Developer shall act, at his discretion, to prevent threatened damage, injury or loss. 7.4.2 If it is determined from the claim and notice submitted by the Developer that the City has delayed the Developer, then the City will issue a Change Order and an extension of time may be granted for the demonstrated period of time lost which is directly attributable to the delay. PARK DEVELOPMENT AND PARK IMPACT FEE REIlVISURSEMENT AGREEMENT PAGE 9 OF 18 • i Ii~SUIIA~CLa I~1DEii~II~TI'I`~' AI~T3 ~AIVEI~ ®F SU~fdO~A'TI®~ 8.1 Indemnity: The Developer shall indemnify, defend and hold harmless the City, its agents, employees, representative, consultants and successors from and against all claims, damages, costs, liabilities, judgments, legal fees, expenses, actions, and suits for personal injury, death, and property damage, arising out of the Project, the Work, or the acts or omissions of the Developer, subcontractors, suppliers, agents, consultants, representatives and materialmen, including without limitation the employees of each, caused by any negligent or wrongful act or omission of any of such persons or by any failure to comply fully with any term or condition of the Contract Documents or caused by, or arising out of the Work or any portion thereof. 8.2 Property Insurance: The Developer shall purchase and maintain property insurance upon the entire work at the site to the full insurable value thereof. This insurance shall include the interests of the City, the Developer, subcontractors and sub-subcontractors in the work and shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss or damage. If the City is damaged by failure of the Developer to purchase or maintain such insurance and to so notify the City, then the Developer shall bear all reasonable costs properly attributable thereto. If not covered under the all risk insurance or otherwise provided in the Contract Documents, the Developer shall effect and maintain similar property insurance on portions of the work stored off the site or in transit. The Developer shall maintain insurance as deemed necessary by Developer to protect the interests of himself, his subcontractors and the sub-subcontractors in the work, including property, materials, equipment and tools. If by the terms of this Insurance any mandatory deductibles are required, or if the Developer should elect to increase the mandatory deductible amounts or purchase this Insurance with voluntary deductible amounts, the Developer shall be responsible for payment of the amount of the deductible in the event of paid claim. 8.3 Liability Insurance: The following insurance shall be carried by the Developer. 8.3.1 The primary engineer and all associates and consultants shall carry professional liability insurance with a minimum limit of $500,000. This insurance shall continue for two years after certificate of substantial completion of the entire project. 8.3.2 The Developer shall purchase and maintain comprehensive general liability insurance with a combined single limit on ONE MII,LION DOLLARS ($1,000,000) each occurrence. The policy shall provide coverage for bodily injury and property damage, and shall include broad PARK DEVELOPMENT AND PARK IlVIPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 10 OF 18 form propel ~y damage (including completed operations), personal injury liability (including coverage for employee acts), blanket contractual liability and products and completed operations Liability coverage shall be provided for hazards commonly referred to as XCU (explosion, collapse, and underground). 8.3.3 All subcontractors of any tier shall be repaired to provide comprehensive general liability insurance with combined single limits for bodily injury and property damage of at least ONE MII.LION DOLLARS ($1,000,000) per occurrence, comprehensive auto liability insurance for all awned, non- owned vehicles with combined single limits for bodily injury and property damage of at least ONE MII,LION DOLLARS ($1,000,000) per occurrence or other limits as approved by City. 8.3.4 The Developer and its subcontractors shall carry Worker's Compensation Insurance to cover obligations imposed by Federal and State statutes covering all employees, and employers' liability insurance with a minimum limit of ONE HUNDRED THOUSAND DOLLARS ($100,000) per Accident; FIVE HUNDRED THOUSAND DOLLARS ($500,00) per Disease Policy Limit; ONE HUNDRED THOUSAND DOLLARS ($100,000) Disease, each employee. 8.3.5 Insurance Policy Requirements: A11 insurance required as stated above and shall be endorsed as follows: a. The City, including their respective agents, employees, consultants and representative shall be named as additional insureds. b. The insurance required shall contain a severability of interest clause such that the insurance afforded applies separately to each insured against whom claim is made or suit is brought. c. All insurance policies shall not be terminated or cancelled without thirty (3) calendar days. advance written notice of cancellation to be provided by the insurance company. d. The insurance afforded by the Developer shall be primary insurance and any insurance carried by the City shall be excess and not contributory insurance to that provided by the Developer. e. Each entity providing insurance shall furnish certificates of insurance which shall specifically set forth evidence of all coverage required above. If required each entity providing insurance will allow the other party to review and copy such insurance provisions contained in the certified policies. PARK DEVELOPMENT AND PARK IlVIPACT FEE REIlVII3URSEMENT AGREEMENT PAGE 11 OF 18 TEIZ~~IINATI®N OF AGREI•;1VIENT ANI) CITE" S RIGDT T® PEI~'ORM 1jE5i~LOPE•1~' S OI3I.,IGATIO1~tS 9.1 Termination for Cause: a. If the Developer fails to perform any of its obligations under this Agreement the City, may upon seven (7) calendar days written notice to the Developer take such action as is necessary to perform such obligation either with or without terminating this Agreement. b. In the event of any material breach of this Agreement by developer, after five (5) calendar days written notice to Developer, the City may, in addition to any other remedies available, terminate this Contract, take possession of the Project site and the raw materials, equipment, tools, construction equipment and machinery thereon owned or provided by Developer and may finish the Work by whatever reasonable means and methods the City may determine necessary or expedient. In such instance Developer relieved from any of its obligations under this Agreement, including obligations assumed under the liability for damages paragraph listed herein. c. As used in the foregoing paragraph, a material default shall include but is not limited to: (a) persistent or repeated failures to provide properly skilled workmen or materials or failure to prosecute the Work according to the progress schedules provided herein; (b) unjustified failure to make proper payments to subcontractors for materials or labor; (c) persistent or intentional disregard of laws, ordinance, rules, regulations or orders of any public authority having jurisdiction; (d) being adjudged to be bankrupt or being subject to any state or federal insolvency proceedings. 9.2 Termination by City Without Cause: (Termination for Convenience) a. The City shall have the right to terminate the Agreement at its convenience for any reason at its sole discretion. 9.3 NOTICES: Any and all notices required to be given by either of the parties hereto, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: a. To the City: Meridian City Clerk 33 East Idaho Meridian, Idaho 83642 (with a copy to) Doug Strong, Director, Parks and Recreation Department 11 W. Bower PARK DEVELOPMENT AND PARK IMPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 12 OF 18 Meridian, Idaho 83642 b. 1 o the Developer: Hillview Development Corporation 150 East Aikens, Suite A Eagle, Idaho 83616 Either parry shall give notice to the other parry of any change of their address for the purpose of this section by giving written notice of such change to the other in the manner herein provided. 9.3.1 In the event the City Council determines that this Agreement shall be modified, the terms of this Agreement shall be amended and the Developer shall comply with the amended.terms. Failure to comply with the amended terms shall result in default. 9.3.2 A waiver by the City of any default by the Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of the City or apply to any subsequent breach of any such or other covenants and conditions. 9.3.3 In the event of any termination, whether if for cause or without cause, City shall have the right to reproducible copies of all design and construction plans and specifications, the ownership of all work in progress, and the right to complete all construction. 10. DESIGN AND CONSTRUCTION DRAWINGS 10.1 Design: Developer acknowledges to City that Developer and firms working for Developer have been reviewed by the City based upon Developer's representations and warranties that Developer has particular skill and experience in construction of park and recreation facilities substantially similar to this Project. Developer shall at all times manage the construction process so as to incorporate all of the City's requirements and objectives for the Project as expressed in the Contract Documents, and so as to deliver the Project within the time limits provided in this Agreement. Any instance in which the Developer learns of any defect or insufficiency in the Project or any part thereof, or learns that the Work is not proceeding in accordance with the City's actual objectives and requirements,.then the Developer shall immediately advise the Project Representative and the Developer shall take all necessary action to correct same. 10.2 Building Codes: The Project, as designed and constructed, shall fully comply with all codes and standards applicable at date of this Agreement, including (a) the International Building Code; (b) Current IBC Standards; (c) Americans with Disabilities Act Accessibility Guidelines; (d) Current Uniform Plumbing Code; PARK DEVELOPMENT AND PARK IMPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 13 OF 18 • (e) Cun-ent National Electrical Code. Compliance with all of the foregoing codes shall be reviewed and approved by the Meridian City Building Department, where applicable. Plan check fees in connection therewith shall be paid by the City. Plumbing and electrical permits shall be paid by the Developer. The foregoing codes are in addition to and not in derogation of any other codes that may be applicable by law or governmental regulation. 10.3 The Developer shall keep at the Project a complete copy of the Construction Documents and shall afford the Project Representative access thereto. All cost resulting from errors, omissions, discrepancies, inconsistencies or ambiguities in the Construction Documents shall be borne by the Developer, including any cost to correct Work already performed or to redesign or otherwise correct such deficiencies. 11. RECORD RETENTION REQUIREMENT 11.1 Developer shall maintain all records required by law for the period required. 12. UNFORESEEN CONDITIONS 12.1 Should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, be encouraged, the Contract Tirne Schedule shall be equitably adjusted by Change Order upon claim by either party made within a reasonable time after the first observance of the conditions. 12.2 The Developer acknowledges that it has taken all steps reasonably necessary to ascertain the nature and location of the Work, and that it has investigated and satisfied itself as to the general and all local conditions which can affect the Work or its cost, including but not limited to: (1) conditions bearing upon transportation, disposal, handling, and storage of materials, remodel work, tie-ins and existing structures, utilities, security, and existing operations; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, fides, or similar physical conditions at the site; (4) the topography and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Developer also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by Developer as well as from the drawings and specification made a part of this contract. Any failure of the Developer to take the actions described and acknowledged in this paragraph will not relieve the Developer from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 14 ®F 18 • work without additional expense to the City. The City does not assume any responsibility for erroneous conclusionsor interpretations made by Developer. 12.3 The City assumes no responsibility for any conclusions or interpretations made by the Developer based on the information made available by the City, nor does the City assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this Contract, unless that understanding or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this Contract is expressly stated in this Contract. 12.4 The Developer shall promptly, before the conditions are disturbed, and in all instances within five (5) calendar days after the conditions are discovered, give a written notice to the Project Representative of: (1) subsurface or latent physical conditions at the site which differ materially from those which a reasonably prudent Developer could anticipate, foresee, or make provision for this type of Work at such site locations; or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents and which could have been reasonably foreseen and%or anticipated by a prudent developer. 12.5 The City shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Developer's time required for, performing any part of the Work under this Contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly. 12.6 No claim by Developer for additional time shall be allowed if there is no written notification to the City as required herein. 13. SUSPENSION OF WORK 13.1 The City may order the Developer, in writing, to suspend, delay or interrupt all or any part of the Work for such period as may be determined to be appropriate by the City. 13.2 If performance of all or any part of the Work is suspended under this Agreement for the convenience of the City, an equitable adjustment shall be made to the ' Completion Date. However, no adjustment in the Completion Date shall' be made under this clause for any suspension, to the extent that performance would have been so suspended, delayed, or for which an equitable adjustment is provided for under any other term or condition of this Agreement. 14. NON-ASSIGNMENT AND GOVERNING LAW PARK DEVELOPMENT AND PARK IMPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 15 ®F 18 • 14..1 The Developer shall not assign its interest in whole or part in this Agreement without the written consent of the City. 14.2 This Agreement shall be governed by the laws of the State of Idaho. 14.3 This Agreement represents the entire agreement between the City and the Developer and supersedes all prior negotiations, representations or agreements. This Agreement may be amended only by written instrument signed by both City and Developer. 14.4 Should any portion of this Agreement be found to be unenforceable by a court of competent jurisdiction in such determination shall not void the entire Agreement, but will be limited only to those unenforceable provisions. 14.5 In the event either party to this Agreement is required to initiate or defend litigation with respect to the terms hereof, or the rights granted hereunder, the prevailing party in such litigation shall be entitled to all reasonable attorney's fees incurred in such litigation, including all discovery costs and costs of expert witness, together with other reasonable litigation costs. 15. MISCELLANEOUS 15.1 Withholding: The Project will be completed by the Developer not later than the Completion Date. In the event the Work is not completed within such time, the parties agree that the Developer must maintain the Project until such time as it is accepted by the City as complete. PARK DEVELOPMENT AND PARK IlVIl'ACT FEE REIlVIBURSEMENT AGREEMENT PAGE 16 OF 18 • AC~N®VVI,EI)GFMEI~TTS IN WZINES~ WHEKE(~F, the parties have hereunto caused this Agreement to be executed on the day and year first above written. DATED this ~L(}~~ day of LL , 2005 CITY OF MERIDIAN B~ /~ Mayor T y Weerd ATTEST: ~ }SAS "`a~b~ ,~'~ °'~ By; G. Berg, Jr., City Cl~r~ ' ! a._ _ ~ s f1 By: ~., Jim erkle, President Lf~ By: Ate' Don Hutt, Secretary PARK DEVELOPMENT AND PARK IlVIPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 17 OF 18 • STATE OF IDAHO, ) ss: County of Ada, ) On this ____ day of , 2005, before me, the undersigned, a Notary Public in and for sai Sate, sonally appeared Jirn Merkle and Don Hutt, known to me to be the President and Greta ,respectively, of Hillview Development Corporation, who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WIT'N1ESS WHEREOF, I have hereunto set my hand and affixed my official seal the day year first above written. ~~s®~s$n®~e€n~, (SEAS, ,~,~~ ~~ ~ _ _ ~.,~ ~~~,~, ff~ ~~~ ~ Q ~' ~~ Io~C' ~~~ STATE OF IDAHO, ) County of Ada, ss: On this ~~ day of .,~.,~,~~/~ , 2005, before me, the undersigned, a Not blic~n ~~d for said State, pers nally ap eare TAMMY DE WEERD and . ~~, own to me to be the Mayor and 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 ~]VITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .~•'~111CE ~• ,S ~~'•~ ° ~~ a~ ~ ~~ ~' ISOTR ~~"•~ ~ •• r ~ O•~ ~ ®<n ~y® SUB L I O ~6~ ``I 1' ~y~eC ®~P e PARK DEVELOPMENT AND PARK IlVIPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 18 OF 18 Meridian City Council • • July 26, 2005 Page 2 of 72 relationships, broken hearts, broken homes, God, that you would do a mighty work in this city and bring healing and wholeness to people's lives. And, God, we thank you for the many city officials. The police and the fire and everybody, God, that you have appointed to serve this city. We just pray a blessing on this meeting, that we have great communication and may we further your kingdom because of this meeting tonight. Amen. Item 4: Adoption of the Agenda: De Weerd: I do have some City of Meridian pins for you, too. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We need to pull off the Consent G, H and I and move it over to, actually, 8 G, H and I. And also BB, Resolution No. 05-480 and CC as 05-481 and on our regular agenda 27 is 05-1167. Ordinance No. 28 is 05-1168 and 29 is 05-1169. And with that I move we adopt the revised agenda. Rountree: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of June 21, 2005 City Council Regular Meeting: B. Approve Minutes of June 7, 2005 City Council Regular Meeting: C. Approve Minutes of June 28, 2005 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham Park Subdivision by Gemstar Development, LLC -north of Amity Road and east of South Locust Grove Road: E. Findings of Fact and Conclusions of Law for Approval: PP 05- 009 Request for Preliminary Plat approval of 166 building lots and 37 common lots on 43.18 acres in a proposed R-8 zone for Meridian City Council • July 26, 2005 Page 3 of 72 Bellingham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 05-008 Request for a Planned Development consisting of 166 residential units with reductions to the minimum requirements for lot size, street frontage and yard setbacks for Bellingham Park Subdivision by Gemstar Development, LLC -north of Amity Road and east of-South Locust Grove Road: J. Award of Bid for Well No. 26 Pumping Facilities to Star Construction, LLC: K. Water Main Easement Agreement for Park's Westside Body Works by Tim Wallace: L. Water Main Easement Agreement for Waltman Court Subdivision: M. Water Main Easement Agreement for Ustick Marketplace, LLC: N. Purchase Agreement and Permanent Easement Agreement with Ada County Highway District for Eagle Road, Victory to Ridenbaugh: O. Development, Reimbursement and Conveyance Agreement for Champion Park: P. Award of Bid for 2005 Sewer Cleaning / TV Inspection Project to Pipeline Inspection Services: Q. Consulting Agreement and Scope of Work with Washington Group International for North Meridian Area Traffic Study: R. Agreement for Pretreatment Program Application Modifications with CH2M HILL: S. Agreement for On-Going Consultation to Water Department with Hydro Logic: T. Agreement for Municipal Water Rights Project with Hydro Logic, Inc.: U. Agreement for Supply Well # 27 Professional Services with Hydro Logic, Inc.: Meridian City Council July 26, 2005 Page 4 of 72 V. Agreement for Ground Water Studies with Hydro Logic, Inc.: W. Agreement for Supply Well Evaluations with Hydro Logic, Inc.: X. Request for Funds No. 3 for Meridian Sr. Center Rehabilitation Project ICDBG 04-111-01-SR: Y. Development Agreement: AZ 04-033 Annexation and Zoning of 15.92 acres from C-2 and RUT zones to C-G zone for Stor-It by Avest LP - 355 North Ten Mile Road: Z. Development Agreement: AZ 05-008 Annexation and Zoning of 41.27 acres from RUT to R-4 for a new middle school for McMillan and Meridian Middle School by Joint School District No. 2 -NEC of McMillan and Meridian Roads: AA. Approve Beer and Wine Licenses for Pier 49 Pizza -1551 West Cherry Lane #102: BB. Resolution No. Setting Forth Certain Findings and Purposes Authorizing the Sale of Surplus Property at Public Auction; Authorizing the Mayor of the City of Meridian to Sell Surplus Property Located on Lot 63, Block 14 in Thousand Springs Subdivision No. 5: CC. Resolution No. Declaring the Intent of the City of Meridian to Convey to the Meridian Development Corporation Certain Real Property Located at 55 East Broadway Avenue in the City of Meridian and Legally Described as Lots 20 and 21 of Block 1 of the Meridian Townsite: Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Conveyance: Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda with the changes of Items G, H and I being moved to the regular agenda as 8 G, H and I and for the mayor•to sign and the clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. If there is no further discussion, Mr. Berg, will you call roll? Meridian City Council July 26, 2005 Page 5 of 72 Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. MOTION CARRIED: ALL AYES. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: On Item BB that was just approved, if it's all right with the Council, I would suggest if the Council's direction would be to the clerk's office to begin the process of the public noticing necessary for the sale of this property at Thousand Springs, and our office -- attorney's office and Public Works office to post the site, so that we can get proper notice out to the public. But if the Council could give that. direction as well, we can get this property actually sold maybe this year. Bird: That was included in the motion. De Weerd: Okay. Bird: If the second agrees. Rountree: The second understood that. Bird: Okay. Thank you. De Weerd: And everyone that voted I'm sure understood that as well. Nary: I thought you all did. Donnell: Sure we did. Item 6: Department Reports: A. Mayor's Office: 1. Proclamation for. Cover the Blue 2005: De Weerd: Okay. Item 6, Department Reports. I do have a proclamation to read. During the week of August 1st through the 5th, they are working a canned food drive to Cover the Blue at BSU's football field. And so my proclamation reads as follows: Whereas, due to the increase of cost of food and other necessities, the agencies that provides food for needy Idahoans have a critical need for donations this summer. And whereas Idahoans have always responded with compassion and generosity to their neighbors in need and this is a time where we must all reach out to the members of our community who are most impacted by these conditions. And whereas in response to COPY Memo ~t1~ ~F~~ pD''~ ~~~F~,~J 1~~vf y~cl ~~~ ~ ~ ~~ ~ Ux r~,f To: Mayor /City Council Cc: Will Berg ~ ' `' k From: Doug Strong ~, Date: Aril 27, 2006 p Re: Champion Park Budget Amendment The Parks Staff is requesting approval of impact fees for the reimbursement of construction costs for Champion Park a# closing on June 1, 2006 in the amount of $212,550.00. Per the Park Development, Park Impact Fee Reimbursement, and Real Property Conveyance Agreement betwreen the City of Meridian and Hillview Development Corporation, Developer of Champion Subdivision Park dated July 26, 2005 states the developer shall receive reimbursement from the City of Meridian for the costs assoaated with the construction of the park and system improvements identified in Section 2.2 and Section 2.3 of this agreement which totals $212,550.00. The agreement and sections mentioned above are attached far your review. The City of Meridian has agreed in writing to the amount to be reimbursed to the developer for these improvements. This reimbursement shall be paid at closing which is scheduled for June 1, 2006. Staff is requesting this item be placed on the City Council agenda under Department Reports for May 9, 2006. TOTAL IMPACT PEE REIMBURSEMENT $272,550.00 ~~~ ~ ~~ g ®'6 ~ ~~.~ ~~ ~~ ~~. m~ .- '~ _ ..; ~` $~~~ ~~ ~~~~~~ Y~~ ~~~~~ ~ ~.~ ~ LL~~ ~~~ m ~~~~ ~# ~~ ~~~~ ,~~.$~ ~~ m ~~~ C +~ A. .Q W ~ .~ W ~ a W O W ~ ~m ~~~ ® " g $ .~ ~ ~~ ~j ~~~~~ ~ ~a~ ~~ .~~~ ~$ a ~' ~~ U ~~~~ E~ ~,~~m~~ ~Uy~~~~ c~ e~~~ a~~~m~ ~~~ ~~~ ~ ~ ~ ~ ~~~_~ ~a~~~ a10. ~ ~ ~N~ ~~ ~~~~ n.~ ~~ 7 ~mz H J Q Z w Z fn F'wU~ Z ~ ~ ~ Q m w L.]Z FLL ~~ ~ ~ ~ ~ ~ a UI o m m o ~s F~ ~ ~ ~ u. ~ m 4 ~ ° ~ ~ ~ y -~ - ?r 3 7 u. a ~ w }JZu a c ~ ' ° ° ~ ~ ~ m ~ gg $ ~ ~ C e ~r ~ c ~- a~ ~i t- P o N o N ~ d Q c v ~e a •r v~ ~ v ~ s ~. ~~ 0 s~ ~- ~~ ~~ ~~ o~ m ~ N .~ ~ ~~ ,~ ~ ~. ~~ ~~ ~~ .~ ~ ~~ ~~ . ~.~ `o {11 v ~~ ~U ~~ ~~ e~ ~~~ ~ m ~. ~~ i -: ~' A` "~ a w a .? V O. j O O ~~ 0 Q~~ .~ c 4 -o 0 ~fi J O !o "? ~ a .~ u 9 a 0 v a z w a ~° ~& ~~ ~~ Zw ggO LL~ LL dQ W Q ~ W ~~ ~~ a~ n~ wV O~ N December 22, 2005 City of Meridian 3 3 East Idaho Meridian, Idaho 83642 Attn: City Clerk Re: Champion Park City Park Extension Hillview Development Corporation hereby requests an extension of the "Park Development, Park Impact Fee Reimbursement, and Real Property Conveyance Agreement" until June 1, 2006 for the City Park we constructed in Champion Park Subdivison. This request is necessary due to the delay in obtaining a building permit for the restroom building and due to inclement weather. We have coordinated this request Doug Strong and Elroy Huff of the Parks Department and they are in agreement to allowing it. Sincerely, _.._.. ~~ i Jim rkle~ Presi ent Hillview Development Corp Approved by: City of M t 'an Date Cc Doug Strong • Apri15, 2006 City of Meridian Parks and Recreation Department 11 W. Bower Meridian, ID 83642 Attn: Doug Strong Elroy Huff Re: Champion Park Subdivision City Park Invoice #1 Elroy, Attached is Invoice #1 for the reimbursements for the construction of the City Park within Champion Park Subdivision. Please remit check to: Hillview Development Corp 150 E Aikens Ste A Eagle, ID 83616 Also enclosed is the Park Facilities cost breakdown we provided you back on November 8, 2005. If you have any questions please call 939-2730 ~.~~~~~ . Best regards, ..Jim Merkle Hillview Development apR o s ITEM Reimbusable Items Section 6.1 Reimbursable Items Section 6.2 Reimbursable Items Section 6.3 Totals 1 iillview Developme~orporation 150 E. Aikens Suite A Eagle, ID 83616 Champion Park Subdivision City Park City Park Invoice No. 1 April 5, 2006 PERCENT Amount PREVIOUS AMOUNT BUDGET COMPL Complete INVOICE THIS INVOICE $212,550.00 50.00% $106,275.00 $0.00 $106,275.00 $134,046.12 0.00% $0.00 $0.00 $0.00 $7,061.62 100.00% $7,061.62 $0.00 $7,061.62 $353,657.74 $113,336.62 $0.00 $113,336.62 (F/ C ~ ti O N CO O ~ ~ ~ t 0 O ~ ~ ~ M ~ ~ EA ER ~ ~ ~ ~ ~ ~ .= L ~ C C C C C C O O O O O ~- ~ O U U U U U Q o m U ioia io mia a ~U~ c m a~ m a~ N~ ` , m c~ a~ ~ ~0, aci m aci a~i m •~ ~ U m aci N v C7 C9 U' U' C~ ~ C7 m C L L L L L L Y Y Y ~ Y ^ c N I..L O .-+ N V U ~ O. C O (p (~ " Q N O C ~ U fB (0 N (0 f0 fC O rn ~ fII = 2 2 2= Z~¢ m 2 O N ~ ~ ~ ~ ~ ~ C JJJJJ W W W W J ~ O a+ J J J J J H H H H J L ~ y ¢¢¢¢¢ wwww¢ ~ O ,~ F- H F- I- F- J J J J f- ~ ,~ ~ cnu~cncncn aan.n.v~ y zzzzz ~ 2 ~ ~ Z ~ y O O O V Z j O O O O O ~ O zzzzz z 00000 Of~00~ N N 00000 OOtp00 ~ ~ ++ O~ d) 0 0 O CO I~ O CO N CO NJ I~~OOM OI~OI~O CO st Q pp ~ O t~ to N c~ M ~ ~- ~ O V cMN~~'~ ~tuic~S~M Cfl ~t ~ O tf} Ef} fF? Eft fA tf} EH r' M ~I ER d3 ~ ~ .. C O U ~ ~, c"o i c ~ ~ c ~ '~ p ~. ~ c~a e~ o Q' °~ o. "uyi ~ rnU m $ :.-.coca ~o a v . ~~a~- ° ~ ~ :fir v y ~ ~ ~$$ a; m u~ - ~ ° m N = _~ ?> ~ U U U~ N ~ y d ~' a o 0 o a m UUU ~ ~ p V d ~ o m o Q-t mm N ~ ~ - N N ~~ j G ~ Q ~ oW - _0 c (n L c v ~ . to a N~v tnfnc0 ++ E ~ p 0 0 fn ~ ~ U - O rn rn ~~ N N N Y~ V v V O y ~ ~ ~ R U S N (0 ~ aaaa.a N X 0 0 0 0 mwUUUa. 4 v d ~ O i- • . ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 18 BOISE IDAHO 08/17/05 10:47 AM DEPUTY Bonnie Oberbillig III I'II'II'll'II'IIII~III'III'll II'I~ RECORDED-REQUEST OF I Meridian Ciry i X5115813 PARK DEVELOPMENT, PARK IMPACT FEE REIlVLBURSEMENT, AND REAL P12OPERTY CONVEYANCE AGREEMENT Parties: City of Meridian Hillview Development Corporation, Developer This Agreement is entered into this ~ day of ~~~~a , 2005, by and between the City of Meridian, a municipal corporation of the Statb of Idaho, whose address is 33 East Idaho Street, Meridian, Idaho 83642, hereinafter referred to as "City" or "MPR", and the Developer of the Champion Park Subdivision, Hillview Development Corporation, whose address is 150 East Aikens, Suite A, Eagle, Idaho 83616, hereinafter referred to as "Developer". WHEREAS, the City, pursuant to §10-7-9, Meridian Citv Code, and §§67-820 and 8209, Idaho Code, has the authority to enter into agreements with developers for the construction of system improvements when the same are to be paid by development impact fees, including park and recreation facilities; and WHEREAS, the Developer is entitled to receive credit or reimbwsement of development impact fees, for the present value of any construction of system improvements of the category for which the development impact fee is being collected, provided that an agreement for such credit or reimbursement is negotiated in good faith and entered into prior to such construction; and WHEREAS, the Developer has agreed to provide the construction, installation and inspection of the improvements necessary to construct the Project strictly adhering to City specifications at a fixed price, the benefit of the Developer being completion of the design and construction of the Project at a date earlier than would be possible if the City were to undertake such design and construction, and the benefits to the City being the completion of construction of the Project at substantially less cost and expense, resulting in a savings to the citizens and residents of Meridian, and the obtaining of a park for the use and enjoyment of the citizens and residents of Meridian at a date earlier than would otherwise be possible, which benefits to the City are determined substantial and in the best interests of the City and its citizens and residents; and PARK DEVELOPMENT AND PARK IlVIPACT FEE REIlI+IBURSEMENT AGREEMENT PAGE 1 OF 18 • i WHEAS, the submitted plat includes a six (6) acre neighborhood park site; and WHEEREAS, the City agrees that the use of the park impact fee credits or reimbursements will help the City achieve its goal of increasing inventory of neighborhood parks. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the Developer and the City do hereby agree as follows: As used in this Agreement, the following-words have the meanings herein stated: 1.1 CITY shall mean the City of Meridian acting through its Parks and Recreation Department (MPR). 1.2 PROJECT REPRESENTATIVE shall mean the person appointed by the City to act on its behalf as to matters indicated under this Agreement. The appropriate Project Representative during the Design Phase is Doug Strong or his designee and during the Construction Phase is Doug Strong or his designee. The City may employ an additional outside consultant to act with and on behalf of the City as an inspector. 1.3 DEVELOPER shall mean Hillview Development Corporation, whose address is 150 E. Aikens, Suite A, Eagle, Idaho 83616, the Developer of the Champion Park Subdivision. 1.4 THE DESIGN ENGINEER FOR PARK DESIGN shall mean the firm of Harvest Design, 6001 W. State Street, Suite C, Boise, Idaho 83703; and the DESIGN ENGINEER FOR PARHING LOT, DRAINAGE, AND GRADING shall mean the firm of Engineering Northwest, LLC, 423 N. Ancestor Place, Suite 180, Boise, Idaho 83704. 1.5 PROJECT shall mean the design and construction of Lot 12, Block 11, of Champion Park Subdivision No. 3, consisting of approximately 6 acres, as required by the City and as approved by the Board of Park and Recreation Commissioners as limited by the itemized Scope of Work. 1.6 PROGRAM DOCUMENT shall mean all of the requirements and minimum quality standards applicable to the Project outlined by the City in its Standard Plans, Details and Specifications. The Developer warrants that its Design Development Documens and its complete design and construction of the Project. does and will fully satisfy or exceed the requirements of the Program Documents in providing fully functional facilities, unless indicated otherwise in the approved Design Development Documents. If quality levels are not stated in the Program Document, it shall remain at the same level of quality and workmanship established for the rest of the Project. PARK DEVELOPMENT AND PARK IMPACT FEE REIlVIBURSEMENT AGREEMENT PAGE20F18 • • 1.8 ~O shall mean all labor, equipment, materials and services necessary or appropriate to design and construct the Project. 1.9 CONSTRT7CTION DOCUMENTS shall mean the completed and fully detailed drawings and specifications prepared by the Developer setting forth in detail the requirements for construction of the Work. Upon review and acceptance of the Construction Documents by the City, the same shall be incorporated into this Agreement. The Construction Documents shall become the property of the City. Construction Documents must comply with the Program Documents and the Design Development Documents, or with deviations agreed to by the City. 1.10 THE CONTRACT DOCUMENTS shall mean this Agreement, and any other modifications authorized by Change Order issued pursuant to this Agreement. The Developer shall be responsible for the professional quality, technical accuracy and the coordination of alI designs, drawings, specifications, and other services furnished under this Agreement. The Developer shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. In the event of any inconsistencies among the Contract Documents, the documents will first be interpreted as a reasonable whole to assure that the goal of a functional facility is achieved. Should the inconsistency still exist then, the documents will be interpreted as follows: The Construction Documents, the Design Development Documents and then the Program Documents. 2. DEVELOPER AGREES TO THE FOLLOWING RESPONSIBILITIES: 2.1 TRANSFER OF TITLE: In order for Developer to comply with site specific condition of approval #35 of FP-OS-019, this agreement shall be considered a binding obligation by Developer to transfer title to the six (6) acre park to be legally described upon recording of the final plat as Lot 12, Block 11 of Champion Park Subdivision No. 3. Transfer of title shall occur after recording of the final plat as follows: a. DEED. Title of Developer is to be conveyed by statutory warranty deed, and is to be marketable and insurable except for rights reserved in federal patents, building or use restriction, building and zoning regulations and ordinances of any governmental unit, rights of way and easements established or of record, any other liens, encumbrances or defects approved by City. . b. CLOSING DATE. On or before the closing' date, the City and Developer shall deposit with the closing agency all funds and instruments necessary to complete the transaction. The closing date shall be no later than December 31, 2005. Closing shall not occur until City provides notice that the Project has been constructed according to the standards and PARK DEVELOPMENT AND PARK IMPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 3 OF 18 specifications set forth in this Agreement and that all title contingencies have been satisfied. c. 'I'I'I'I,E C®i~'TPAN`~'/CLOSING AGENCY'. The parties agree that Pioneer Title Company shall provide any required title policy, preliminary report of commitment, and shall act as the closing agency for this transaction. The title company contact is Sue Rich at the Rifleman Branch. Each party agrees to pay one-half of the closing agency's fee. d. TITLE INSURANCE. The City intends to purchase a standard Owner's Title Policy premium in this transaction. The Title Company is to provide all parties to this Agreement with a preliminary Title Report on as soon as possible after the recording of the final plat. The City shall have 30 days to object in writing to the condition of the title as set forth in the report, unless said time period is extended pursuant to this agreement. In the event the City makes written objection to the title, Developer shall have a reasonable time, not to exceed 30 days, to cure any defects of title or provide affirmative title insurance coverage. The final Title Insurance policy shall be delivered to the City by the Title Company as soon as possible after closing. 2.2 DEVELOPER AGREED IlVIPROVEMENTS. For the agreed-upon amount of Two Hundred Twelve Thousand Five Hundred Fifty Dollars ($212,550.00), Developer shall construct the following park improvements to the City's park specifications and design. Payment shall be made pursuant to Section 6 of this agreement. a. Site Grading (rough and final grade). b. Install pressurized Irrigation System; including, pressure irrigation pump station, and irrigation pond adjoining the park. c. Hydro-seeding. d. Tree planting. e. Parking Lot construction. f. Construct the concrete and asphalt walkways (including the ten- (10) foot wide multi-use pathway through and along the site, and the micro-paths which enter into the park. g. Install open-vision fencing along the north and south sides of the park. h. Provide sewer and water service to the park, including water, sewer, and other utility stubs (electrical and phone) for the restroom and shelter facility. i. Prepare subbase for playground and install sidewalk and curb surrounding play area. 2.3 ADDITIONAL IlVIPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER AND REIMBURSED BY CITY. Developer shall construct the fallowing additional improvements, for which Developer shall be reimbursed by City pursuant to section 6 of this agreement. Developer shall coordinate with City PARK DEVELOPMENT AND PARK IMPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 4 ®F 18 • • regarding the bidding of these improvements and shall not begin construction or incur any expense until City has agreed in tivriting to the amount to be reimbursed to developer for these improvements. a. Picnic Shelters b. Restrooms c. Installation of playground equipment d. Basketball court. 2.4 The system improvements shall be installed and constructed as shown on the plans, details and specifications which are in accordance with MPR's adopted Master Plan and MPR's standard plans, details and specifications, as per the Technical Specifications for the Park, submitted by Harvest Design . These Contract Documents shall be approved by the Director and other applicable government agencies prior to development. 2.5 The Developer shall secure and pay for all necessary approvals and other charges required for or incurred for the design and/or construction of the Project and to permit the City's initial use or occupancy of Project, except the City shall pay the plan check fee of the Meridian City Building Department. 2.6 The Developer shall provide all construction supervision, inspection, labor, materials, tools, equipment and all other Work necessary for the execution and completion of the Project. 2.7 The Developer shall substantially complete all Work on the Project no later than the Standard Completion date of December 31, 2005. The Developer shall furnish to the City the schedules and scheduling service. 2.8 The Developer shall at all times keep all areas where work is being performed or materials stored, and surrounding areas, free from the accumulation of waste materials or rubbish caused by his operations. Upon completion of the Work or any portions thereof accepted by City for partial occupancies, the Developer shall remove all waste and rubbish and all construction tools, equipment, machinery and surplus materials from such areas. 2.9 The Developer shall indemnify, defend and hold harmless the City from any fines, costs, and assessments and/or actions imposed or asserted for failure to comply with any safety or health regulations or other laws. 2.10 The City may use the Proposal Documents, the Design Development Documents and the Construction Documents and modifications thereof for any remodel renovation, addition or repair of the Project or any part thereof. PARK DEVELOPMENT AND PARK IlVIPACT FEE REIMBURSEMENT AGREEMENT PAGE 5 OF 18 • 2.11 T1ie Developer warrants to the City that all materials and equipment furnished under this Agreement will be new; that all Work will be of good quality, free from improper workmanship and defect, and, further, that the materials and equipment used in construction shall be free from all defects and will be constructed and installed in accordance with the Contract Documents. The Developer shall correct any work that fails to conform to the requirements of the Contract Documents where such failure to conform appears during the progress of the Work, and shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one year from the Substantial Completion Date. The provisions of this Agreement apply to work performed by the Developer, subcontractors, consultants, and supplies. All corrections shall be made at no additional cost and at no increase in the contract price. With respect to latent defects not reasonably discoverable within such one year period of time, such defects shall be corrected by Developer upon written request given within one year from the actual date of discovery of such defect, except that Developer shall not be required to correct latent defects first discovered later than five (5) years from the Substantial Completion Date. The foregoing warranties are in addition to and not a limitation of a) all other rights and remedies available at law and equity including any specific additional warranties contained elsewhere in the Contract Documents, b) such warranties as maybe available from manufacturers of equipment, suppliers of materials or other third-parties, c) Developer's obligation to complete all Work in strict accordance with the Contract Documents, and d) City's other remedies. 2.12 The Developer will secure and submit certificates of all inspection, testing or approvals to the Project Representative. 2.13 The Developer will collect and submit to the City all manufacturer's warranties and all other documents relating to materials and facilities otherwise required by the Contract Documents. 2.14 The Developer shall be liable to the City for all costs and damages resulting from any defect in materials or workmanship. Any warranties provided by the Developer and of third parties are for the benefit of the City. Developer will be obligated and responsible to City to the full extent of any warranties provided by subcontractors, suppliers, manufacturers or others. 2.15 Developer shall provide such insurance as is required in the section of this agreement titled: INSURANCE, INDENIlVITY AND WAIVER OF SUBROGATION. . 3 . CITY AGREES TO THE FOLLOWING RESPONSIBILITIES: 3.1 The City shall provide engineering and architectural design and management services as necessary to complete the Project. The City shall prepare and furnish Construction Documents of the Project in accordance with the Design PARK DEVELOPMENT AND PARK IMPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 6 OF 1 S Development Documents, all applicable building codes in effect at the time of this Contract execution. All design, engineering, architectural, or other professional services which are a part of the Work shall be performed by duly licensed professionals, skilled and experienced in this type of project. Cost of design services shall be shared equally between Developer and City. City shall reimburse Developer as set forth in section 6 of this agreement. 3.2 The City shall provide specifications for the ten (10) foot wide multi-use pathway for the portion that goes through the park. 3.3 The City shall provide specifications for the pressurized irrigation supply water storage pond. 3.4 The City shall provide specifications for the park's pressurized irrigation pump station that is to be co-located with the subdivision PUIS pump station. 3.5 The City shall specify the location of the sewer and water stubs to the park. 3.6 The City shall specify the location of other utilities for the park. 3.7 The City shall provide specifications for the PUIS design for the park. 3.8 The City shall designate in writing a Project Representative who shall be acquainted with the Project and who shall act on behalf of the City with respect to the Project, subject to the limitations upon such authority contained in this Agreement. 3.9 If the City becomes aware of any fault or defect in the Project or non- conformance with the Contract Documents, the City shall give prompt written notice to the Developer. This does not relieve the Developer of its responsibility of conforming to the Contract Documents. 3.10 The City shall secure and gay for all necessary approvals, easements, assessments and charges required for use, or occupancy of the facilities, including any plan check fee required by the Meridian City Building Department. 4. SUBCONTRACTORS 4.1 All Work not performed with the Developer's own forces shall be performed under written subcontracts. The Developer shall submit to the City, a list of the names and addresses of all subcontractors, suppliers, and consultants. The Developer shall complete Form WH-5 as required by the State Tax Commission. 4.2 No contract or agreement, express or implied, shall be deemed to exist between the City and any subcontractor, supplier, consultant or other person acting on behalf of the Developer. Developer shall be responsible for the control and PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 7 OF 18 direction of all subcontractors, supplies, and other persons participating in the construction of the Project and shall be responsible to the City for their acts and omissions, and their failure to perform the Work in strict accordance with the Contract Documents. The Developer shall be responsible for the payment of all subcontractors, supplies and other third parties participating in the construction of the Work and shall indemnity, defend, and hold the City harmless from any claim, liability, cause of action, or suit relating to or arising out of the acts of such person or failure to make payments due or allegedly due any of such persons. 5. CONTRACT TIME SCHEDULE 5.1 The Developer shall complete construction by the end of the 2005 calendar year. Time extensions maybe granted hereunder by City in accordance with the provisions of this Agreement. If a time extension is not granted, then in that event if the Developer fails to commence or complete construction within the time periods herein stated, the Developer shall be in default of this Agreement. 5.2 Completion of the Project shall mean the date determined by the Project Representative and the Developer when construction is sufficiently complete in accordance with the Construction Documents so that the City can fully occupy or effectively utilize the facilities for its intended use. A one year warranty shall commence from the Completion Date. At the time of the City occupancy of the Project the City shall direct the Project Representative to execute a certificate of Completion. The City may also direct the Developer or the Project Representative to prepare a list of the items to be completed or corrected with respect to the Project. The City shall not be obligated to accept any portion of the Project until the entire Project is complete. 5.3 The Developer shall notify the City in writing when it believes it has achieved Final Completion. The City shall promptly inspect the Work and, if the City agrees that Final Completion has been achieved, the City shall so document this agreement in writing. Final completion is to be achieved by the end of the 2005 calendar year unless modified by Change Order. 6. REIlVIBURSEMENTS 6.1 Developer shall receive reimbursement from the City for constructing the park and system improvements identified in SECTION 2.2 this document in the total amount of TWO HUNDRED TWELVE THOUSAND FIVE HUNDRED FIFTY AND NO/100 DOLLARS ($212,550.00). This reimbursement shall be paid at , . closing. 6.2 Developer shall receive reimbursement from City for the costs associated with construction of the park and system improvements identified in SECTION 2.3 of this agreement. Developer shall coordinate with City regarding the bidding of these improvements and shall not begin construction or incur any expense until PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 8 ®F 18 City has agreed in writing to the amount to be reimbursed to developer for these improvements. This reimbursement shall be paid at closing. 6.3 Developer shall receive reimbursement from City for half of the cost of the design services identified in section 3.1 of this agreement. City's share of these expenses is $7, 061.62. Reimbursement for this expense shall be payable upon execution of this agreement. Developer shall submit an invoice to City, and City shall process the payment in the normal course of business. 6.4 All of the conditions of the agreement shall be complied with by the Developer before Developer or his successors may receive a reimbursement for the costs of park. Failure to comply with conditions within the time frame established in the conditions or the terms of this Agreement shall result in a default of this Agreement by the Developer. 7. CHANGES IN THE PROJECT 7.1 Changes by the City: The City, without invalidating this Agreement, may order changes within the general scope of the Project consisting of additions, deletions or other revisions. The Contract Price and the Completion Date shall be adjusted accordingly. Changes in the Project may be authorized only by written Change Order approved by the City. 7.2 Change Order is a written order to the Developer issued by the City after the execution of this Agreement, authorizing a change in the Project or the Completion Date. 7.3 The City will provide the Developer written authorization and direction to make City requested Design Changes. Any City directed Additional Design Changes will be paid by written Change Order. 7.4 Claims for Additional Cost or Time: 7.4.1 If the developer wishes to make a claim for an extension in the Completion Date or in an instance where the Developer contends it was delayed by an act or omission of City it shall give the City written notice thereof within five (5) calendar days after the occurrence of the event giving rise to such claim. This notice shall be given by the Developer before proceeding to execute any Work affected by the event giving rise to such a claim, except in an emergency endangering life or property in which case the Developer shall act, at his discretion, to prevent threatened damage, injury or loss. 7.4.2 If it is determined from the claim and notice submitted by the Developer that the City has delayed the Developer, then the City will issue a Change Order and an extension of time may be granted for the demonstrated period of time lost which is directly attributable to the delay. PARK DEVELOPMENT AND PARK IMPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 9 OF 1 S • • I'i~TSZTRANCE, INDE~iI~TIT~' AND VdAI~ER ®F STI~ROGA'I'I®I~T S.1 Indemnity: The Developer shall indemnify, defend and hold harmless the City, its agents, employees, representative, consultants and successors from and against all claims, damages, costs, liabilities, judgments, legal fees, expenses, actions, and suits for personal injury, death, and property damage, arising out of the Project, the Work, or the acts or omissions of the Developer, subcontractors, suppliers, agents, consultants, representatives and materialmen, including without limitation the employees of each, caused by any negligent or wrongful act or omission of any of such persons or by any failure to comply fully with any term or condition of the Contract Documents or caused by, or arising out of the Work or any portion thereof. 8.2 Property Insurance: The Developer shall purchase and maintain property insurance upon the entire work at the site to the full insurable value thereof. This insurance shall include the interests of the City, the Developer, subcontractors and sub-subcontractors in the work and shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss or damage. If the City is damaged by failure of the Developer to purchase or maintain such insurance and to so notify the City, then the Developer shall bear all reasonable costs properly attributable thereto. If not covered under the all risk insurance or otherwise provided in the Contract Documents, the Developer shall effect and maintain similar property insurance on portions of the work stored off the site or in transit. The Developer shall maintain insurance as deemed necessary by Developer to protect the interests of himself, his subcontractors and the sub-subcontractors in the work, including property, materials, equipment and tools. If by the terms of this Insurance any mandatory deductibles are required, or if the Developer should elect to increase the mandatory deductible amounts or purchase this Insurance with voluntary deductible amourrts, the Developer shall be responsible for payment of the amount of the deductible in the event of paid claim. 8.3 Liability Insurance: The following insurance shall be carried by the Developer. 8.3.1 The primary engineer and all associates and consultants shall carry professional liability insurance with a minimum limit of $500,000. This insurance shall continue for two years after certificate of substantial completion of the entire project. 8.3.2 The Developer shall purchase and maintain comprehensive general liability insurance with a combined single limit on ONE MILLION DOLLARS ($1,000,000) each occurrence. The policy shall provide coverage for bodily injury and property damage, and shall include broad PARK DEVELOPMENT AND PARK IlVIPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 10 OF 18 i • form propel ~y damage (including completed operations), personal injury liability (including coverage for employee acts), blanket contractual liability and products and completed operations Liability coverage shall be provided for hazards commonly referred to as XCU (explosion, collapse, and underground). 8.3.3 All subcontractors of any tier shall be repaired to provide comprehensive general liability insurance with combined single limits for bodily injury and property damage of at least ONE MII.,LION DOLLARS ($1,000,000} per occurrence, comprehensive auto liability insurance for all owned, non- owned vehicles with combined single limits for bodily injury and property damage of at least ONE MII,LION DOLLARS ($1,000,000) per occurrence or other limits as approved by City. 8.3.4 The Developer and its subcontractors shall carry Worker's Compensation Insurance to cover obligations imposed by Federal and State statutes covering all employees, and employers' liability insurance with a minimum limit of ONE HUNDRED THOUSAND DOLLARS ($100,000) per Accident; FIVE HUNDRED THOUSAND DOLLARS ($500,00) per Disease Policy Limit; ONE HUNDRED THOUSAND DOLLARS ($100,000) Disease, each employee. 8.3.5 Insurance Policy Requirements: All insurance required as stated above and shall be endorsed as follows: a. The City, including their respective agents, employees, consultants and representative shall be named as additional insureds. b. The insurance required shall contain a severability of interest clause such that the insurance afforded applies separately to each insured against whom claim is made or suit is brought. c. All insurance policies shall not be terminated or cancelled without thirty (3) calendar days. advance written notice of. cancellation to be provided by the insurance company. d. The insurance afforded by the Developer shall be primary insurance and any insurance carried by the City shall be excess and not contributory insurance to that provided by the Developer. e. Each entity providing insurance shall furnish certificates of insurance which shall specifically set forth evidence of all coverage required above. If required each entity providing insurance will allow the other party to review and copy such insurance provisions contained in the certified policies. PARK DEVELOPMENT AND PARK IlVIPACT FEE REIMBURSEMENT AGREEMENT PAGE 11 OF 18 • 9. TEI~~II~TA'I'ION OI' AGI~Ell~IEPtT ANTI) CITE" S RIGD'I' 'TO PEREOI~M I3E~LOPEI2' S OI3LIGA'I'IO1~5 9.1 Termination for Cause: a. If the Developer fails to perform any of its obligations under this Agreement the City, may upon seven (7) calendar days written notice to the Developer take such action as is necessary to perform such obligation either with or without terminating this Agreement. b. In the event of any material breach of this Agreement by developer, after five (5) calendar days written notice to Developer, the City may, in addition to any other remedies available, terminate this Contract, take possession of the Project site and the raw materials, equipment, tools, construction equipment and machinery thereon owned or provided by Developer and may finish the Work by whatever reasonable means and methods the City may determine necessary or expedient. In such instance Developer relieved from any of its obligations under this Agreement, including obligations assumed under the liability for damages paragraph listed herein. c. As used in the foregoing paragraph, a material default shall include but is not limited to: (a) persistent or repeated failures to provide properly skilled workmen or materials or failure to prosecute the Work according to the progress schedules provided herein; (b) unjustified failure to make proper payments to subcontractors for materials or labor; (c) persistent or intentional disregard of laws, ordinance, rules, regulations or orders of any public authority having jurisdiction; (d) being adjudged to be bankrupt or being subject to any state or federal insolvency proceedings. 9.2 Termination by City Without Cause: (Termination for Convenience) a. The City shall have the right to terminate the Agreement at its convenience for any reason at its sole discretion. 9.3 NOTICES: Any and all notices required to be given by either of the parties hereto, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: a. To the City: Meridian City Clerk 33 East Idaho Meridian, Idaho 83642 (with a copy to) Doug Strong, Director, Parks and Recreation Department 11 W. Bower PARK DEVELOPMENT AND PARK IMPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 12 OF 18 • Meridian, Idaho 83642 b. 1 o the Developer: Hillview Development Corporation 150 East Aikens, Suite A Eagle, Idaho 83616 Either party shall give notice to the other party of any change of their address for the purpose of this section by giving written notice of such change to the other in the manner herein provided. 9.3.1 In the event the City Council determines that this Agreement shall be modified, the terms of this Agreement shall be amended and the Developer shall comply with the amended terms. Failure to comply with the amended terms shall result in default. 9.3.2 A waiver by the City of any default by the Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of the City or apply to any subsequent breach of any such or other covenants and conditions. 9.3.3 In the event of any termination, whether if for cause or without cause, City shall have the right to reproducible copies of all design and construction plans and specifications, the ownership of all work in progress, and the right to complete all construction. 10, DESIGN AND CONSTRUCTION DRAWING5 10.1 Design: Developer acknowledges to City that Developer and firms working for Developer have been reviewed by the City based upon Developer's representations and warranties that Developer has particular skill and experience in construction of park and recreation facilities substantially similar to this Project. Developer shall at all times manage the construction process so as to incorporate all of the City's requirements and objectives for the Project as expressed in the Contract Documents, and so as to deliver the Project within the time limits provided in this Agreement. Any instance in which the Developer learns of any defect or insufficiency in the Project or any part thereof, or learns that the Work is not proceeding in accordance with the City's actual objectives and requirements, then the Developer shall immediately advise the Project Representative and the Developer shall take all necessary action to correct same. 10.2 Building Codes: The Project, as designed and constructed, shall fully comply with all codes and standards applicable at date of this Agreement, including (a) the International Building Code; (b) Current IBC Standards; (c) Americans with Disabilities Act Accessibility Guidelines; (d) Current Uniform Plumbing Code; PARK DEVELOPMENT AND PARK IMPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 13 OF 18 • (e) Cun-ent National Electrical Code. Compliance with all of the foregoing codes shall be reviewed and approved by the Meridian City Building Department, where applicable. Plan check fees in connection therewith shall be paid by the City. Plumbing and electrical permits shall be paid by the Developer. The foregoing codes are in addition to and not in derogation of any other codes that may be applicable by law or governmental regulation. 10.3 The Developer shall keep at the Project a complete copy of the Construction Documents and shall afford the Project Representative access thereto. All cost resulting from errors, omissions, discrepancies, inconsistencies or ambiguities in the Construction Documents shall be borne by the Developer, including any cost to correct Work already performed or to redesign or otherwise correct such deficiencies. 11. RECORD RETENTION REQUIREMENT 11.1 Developer shall maintain all records required by law for the period required. 12. UNFORESEEN CONDITIONS 12.1 Should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, diiTering materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, be encouraged, the Contract Time Schedule shall be equitably adjusted by Change Order upon claim by either party made within a reasonable time after the first observance of the conditions. 12.2 The Developer acknowledges that it has taken all steps reasonably necessary to ascertain the nature and location of the Work, and that it has investigated and satisfied itself as to the general and all local conditions which can affect the Work or its cost, including but not limited to: (1) conditions bearing upon transportation, disposal, handling, and storage of materials, remodel work, tie-ins and existing structures, utilities, security, and existing operations; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, fides, or similar physical conditions at the site; (4) the topography and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Developer also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by Developer as well as from the drawings and specification made a part of this contract. Any failure of the Developer to take the actions described and acknowledged in this paragraph will not relieve the Developer from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the PARK DEVELOPMENT AND PARK IlVIPACT FEE REIMBURSEMENT AGREEMENT PAGE 14 OF 18 work without additional expense to the City. The City does not assume any responsibility for erroneous conclusionsor interpretations made by Developer. 12.3 The City assumes no responsibility for any conclusions or interpretations made by the Developer based on the information made available by the City, nor does the City assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this Contract, unless that understanding or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this Contract is expressly stated in this Contract. 12.4 The Developer shall promptly, before the conditions are disturbed, and in all instances within five (5) calendar days after the conditions are discovered, give a written notice to the Project Representative of: (1) subsurface or latent physical conditions at the site which differ materially from those which a reasonably prudent Developer could anticipate, foresee, or make provision for this type of Work at such site locations; or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents and which could have been reasonably foreseen and/or anticipated by a prudent developer. 12.5 The City shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Developer's time required for, performing any part of the Work under this Contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly. 12.6 No claim by Developer for additional time shall be allowed if there is no written notification to the City as required herein. 13. SUSPENSION OF WORK 13.1 The City may order the Developer, in writing, to suspend, delay or interrupt all or any part of the Work for such period as may be determined to be appropriate by the City. 13.2 If performance of all or any part of the Work is suspended under this Agreement for the convenience of the City, an equitable adjustment shall be made to the Completion Date. However, no adjustment in the Corripletion Date shall be made under this clause for any suspension, to the extent that performance would have been so suspended, delayed, or -for which an equitable adjustment is provided for under any other term or condition of this Agreement. 14. NON-ASSIGNMENT AND GOVERNING LAW PARK DEVELOPMENT AND PARK IlVIPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 15 OF 18 • 14.1 The Developer shall not assign its interest in whole or part in this ~` greelnent without the written consent of the City. 14.2 This Agreement shall be governed by the laws of the State of Idaho. 14.3 This Agreement represents the entire agreement between the City and the Developer and supersedes all prior negotiations, representations or agreements. This Agreement may be amended only by written instrument signed by both City and Developer. 14.4 Should any portion of this Agreement be found to be unenforceable by a court of competent jurisdiction in such determination shall not void the entire Agreement, but will be limited only to those unenforceable provisions. 14.5 In the event either party to this Agreement is required to initiate or defend litigation with respect to the terms hereof, or the rights granted hereunder, the prevailing party in such litigation shall be entitled to all reasonable attorney's fees incurred in such litigation, including all discovery costs and costs of expert witness, together with other reasonable litigation costs. 15. MISCELLANEOUS 15.1 Withholding: The Project will be completed by the Developer not later than the Completion Date. In the event the Work is not completed within such time, the parties agree that the Developer must maintain the Project until such time as it is accepted by the City as complete. PARK DEVELOPMENT AND PARK IlVIPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 16 OF 18 • AC's®WI,EDGEMEI~dTS IN tiVZ1NESS WI~EtZEt~F, the parties have hereunto caused this Agreement to be executed on the day and year first above written. DATED this ~ll~~r'' day of Ll , 2005. CITY OF MERIDIAN B~ /~ Mayor T y Weerd ' } . y . ~~"~F. ~~` ATTEST: ~'~ ~ ~ ~b~ >~". ~' By; G. Berg, Jr., City Cl~r~ '~ ' /' By: ~., Jim erkle, President ~- By: 1~' `' Don Hutt, Secretary PARK DEVELOPMENT AND PARK IMPACT FEE REIlVIBURSEMENT AGREEMENT PAGE 17 OF 18 • STATE OF IDAI~O, ) ss: County of Ada, ) On this ~ ay of , 2005, before me, the onall a eared Jim Merkle and Don undersigned, a Notary Public in and for sai Sate, s y pp Hutt, known to me to be the President and Greta ,respectively, of Hillview Development Corporation, who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day year first above written. ®aescsaae~araz. (SEAS ~~ °&~ ~ ~~ ®~ Q ~® ~'~T~.~gCr ~® e,~~~ OF .~.~ ~.~°,. STATE OF IDAHO, ) County of Ada, ss: On this ~ day of ~~~ , 2005, before me, the undersigned, a Notary blic ~ d for said State, pers nally ap eare TAMMY DE WEERD and Vt~, own to me to be the Mayor and 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 WI~REOF, I have hereunto set my hand and affixed my official seal the day and year first above written, (SEAL) qe°°°°0~4:~'° "...L ~~ 'r~~?.,~~o G'r~~,,,.~~ ;° ;•~ ~ o TA °~~ 'p N ary lic for Idaho '~ ' ~ ~ R id' at: `c% ~ G~ c S ~.o ~ ~ ~lr~ ~ ~u ~ ~ ea ~ B I ~G ~` • Co fission Expires: ~ Y~ /~ /off O e eb.~,tlb~~t~'S8'6'` O0~'yo PARK DEVELOPMENT AND PARK IlVIPACT FEE REIMBURSEMENT AGREEMENT PAGE 18 OF 18 Meridian City Council • July 26, 2005 Page 2 of 72 relationships, broken hearts, broken homes, God, that you would do a mighty work in this city and bring healing and wholeness to people's lives. And, God, we thank you for the many city officials. The police and the fire and everybody, God, that you have appointed to serve this city. We just pray a blessing on this meeting, that we have great communication and may we further your kingdom because of this meeting tonight. Amen. Item 4: Adoption of the Agenda: De Weerd: I do have some City of Meridian pins for you, too. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We need to pull off the Consent G, H and I and move it over to, actually, 8 G, H and I. And also BB, Resolution No. 05-480 and CC as 05-481 and on our regular agenda 27 is 05-1167. Ordinance No. 28 is 05-1168 and 29 is 05-1169. And with that I move we adopt the revised agenda. Rountree: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of June 21, 2005 City Council Regular Meeting: B. Approve Minutes of June 7, 2005 City Council Regular Meeting: C. Approve Minutes of June 28, 2005 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham Park Sut~division by Gemstar Development, LLC -north of Amity Road and east of South Locust Grove Road: E. Findings of Fact and Conclusions of Law for Approval: PP 05- 009 Request for Preliminary Plat approval of 166 building lots and 37 common lots on 43.18 acres in a proposed R-8 zone for Meridian City Council • July 26, 2005 Page 3 of 72 Bellinqham Park Subdivision by Gemstar Development, LLC - north of Amity. Road and east of South Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 05-008 Request for a Planned Development consisting of 166 residential units with reductions to the minimum requirements for lot size, street frontage and yard setbacks for Bellinqham Park Subdivision by Gemstar Development, LLC -north of Amity Road and east of -South Locust Grove Road: J. Award of Bid for Well No. 26 Pumping Facilities to Star Construction, LLC: K. Water Main Easement Agreement for Park's Westside Body Works by Tim Wallace: L. Water Main Easement Agreement for Waltman Court Subdivision: M. Water Main Easement Agreement for Ustick Marketplace, LLC: N. Purchase Agreement and Permanent Easement Agreement with Ada County Highway District for Eagle Road, Victory to Ridenbaugh: O. Development, Reimbursement and Conveyance Agreement for Champion Park: P. Award of Bid for 2005 Sewer Cleaning / TV Inspection Project to Pipeline Inspection Services: Q. Consulting Agreement and Scope of Work with Washington Group International for North Meridian Area Traffic Study: R. Agreement for Pretreatment Program Application Modifications with CH2M HILL: S. Agreement for On-Going Consultation to Water Department with Hydro Logic: T. Agreement for Municipal Water Rights Project with Hvdro Logic, Inc.: U. Agreement for Supply Well # 27 Professional Services with Hvdro Logic, Inc.: Meridian City Council • • July 26, 2005 Page 4 of 72 V. Agreement for Ground Water Studies with Hydro Logic, Inc.: W. Agreement for Supply Well Evaluations-with Hydro Logic, Inc.: X. Request for Funds No. 3 for Meridian Sr. Center Rehabilitation Project ICDBG 04-111-01-SR: Y. Development Agreement: AZ 04-033 Annexation and Zoning of 15.92 acres from C-2 and RUT zones to C-G zone for Stor-It by Avest LP - 355 North Ten Mile Road: Z. Development Agreement: AZ 05-008 Annexation and Zoning of 41.27 acres from RUT to R-4 for a new middle school for McMillan and Meridian Middle School by Joint School District No. 2 -NEC of McMillan and Meridian Roads: AA. Approve Beer and Wine Licenses for Pier 49 Pizza - 1551 West Cherry Lane #102: BB. Resolution No. Setting Forth Certain Findings and Purposes Authorizing the Sale of Surplus Property at Public Auction; Authorizing the Mayor of the City of Meridian to Sell Surplus Property Located on Lot 63, Block 14 in Thousand Springs Subdivision No. 5: CC. Resolution No. Declaring the Intent of the City of Meridian to Convey to the Meridian Development Corporation Certain Real Property Located at 55 East Broadway Avenue in the City of Meridian and Legally Described as Lots 20 and 21 of Block 1 of the Meridian Townsite: Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Conveyance: Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda with the changes of Items G, H and I being moved to the regular agenda as 8 G, H and I and for the mayor•to sign and the clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. If there is no further discussion, Mr. Berg, will you call roll? Meridian City Council July 26, 2005 Page 5 of 72 Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye. MOTION CARRIED: ALL AYES. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: On Item BB that was just approved, if it's all right with the Council, I would suggest if the Council's direction would be to the clerk's office to begin the process of the public noticing necessary for the sale of this property at Thousand Springs, and our office -- attorney's office and Public Works office to post the site, so that we can get proper notice out to the public. But if the Council could give that direction as well, we can get this property actually sold maybe this year. Bird: That was included in the motion. De Weerd: Okay. Bird: If the second agrees. Rountree: The second understood that. Bird: Okay. Thank you. De Weerd: And everyone that voted I'm sure understood that as well. Nary: I thought you all did. Donnell: Sure we did. Item 6: Department Reports: A. Mayor's Office: 1. Proclamation for. Cover the Blue 2005: De Weerd: Okay. Item 6, Department Reports. I do have a proclamation to read. During the week of August 1st through the 5th, they are working a canned food drive to Cover the Blue at BSU's football field. And so my proclamation reads as follows: Whereas, due to the increase of cost of food and other necessities, the agencies that provides food for needy Idahoans have a critical need for donations this summer. And whereas Idahoans have always responded with compassion and generosity to their neighbors in need and this is a time where we must all reach out to the members of our community who are most impacted by these conditions. And whereas in response to • ! May 5, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Legal Department ITEM NO. 6-C-~ REQUEST Discussion of Procedures of Meetings Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ~ GWS 2 MERIDIANS H L DI RI C 00 ST CT ~/" ADA COUNTY HIGHWAY DISTRICT: ~ n ~~ y SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE No. • By the City Council: Bird, Borton, Rountree, Wardle AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTIONS 7 OF THE MERIDIAN CITY CODE REGARDING THE RULES OF PROCEDURE FOR PUBLIC HEARINGS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 7, Section 7, Meridian City Code, be, and the same is hereby amended to read as follows: 1-7-7: RULES OF PROCEDURE FOR PUBLIC HEARINGS: The following rules are hereby established, shall be observed in the conduct of any public hearing before the City Council, and shall be known as the "Ci of Meridian Rules of Procedure for Public Hearings": ,.i.., r ,~.. u r.. _ ~ ,_ ~ _ i r b f `~.,.,1 , ~8~-~~'IF ~a~~ nr~x-gran ~ L. 1.1• r r 7.. ~ » , , b 791,E • .. ' r ~ .,..-.. +. J Y T#e-~4,~yc~-~,~v aka n;th~ ~t, ,.• .c,.~, t.i • i. • • ~ '~°],~vr ~'ayxsA~ae~ -S~ei~kax~c~ r a d„ ,-1 b i.~ • 1, n, , , • ~ A. Policv, Preliminary Procedures, and Definitions This Policv and Procedures apply to public hearings before the Citv Council, Planning and Zomng Commission, and Parks and Recreation Commission and shall be known as the "CITY OF MERIDIAN RULES OF PROCEDURE FOR PUBLIC HEARINGS." No person shall be permitted to sneak before the Decision Making Body (hereinafter referred to as "Bod at a ublic hearin until such erson has been reco 'zed b the Chair. The Bodv may suspend or amend any one or more of these rules by vote of one half (1/21 plus one of the members present Anv person not conforming to any of the above rules ma be rolubited from s eakm Burin the ublic hearin . Should an erson refuse to com 1 with such rohibition he ma be removed from the room b order of the Chair. An art that has been recognized and has the floor should not be interrupted until their time lunit has been expended or until they have finished their statement • The Chair shall have the authori to interpret and apply the foregoing rules subject to an appeal to the Bodv, whose decision shall be determined by a ma'ority vote of the members present. In special circumstances, and upon the advice of the Citv Attorney all parties in a hearing may be required to testify under oath B. Time Limits/Proceedings Protocol Time Limits-Public Hearings: T'he Chair shall make all reasonable efforts to assure that speakers and witnesses at public hearings shall comply with the following time limits: 2. Initial applicant presentation-Fifteen (15) minutes uninterrupted by questions from the Body_ 3. Other persons speaking in favor of the application-Three (3 minutes 4. Persons in opposition may have one (1) spokesperson who may speak for ten (101 minutes, but they must identi who they represent and those persons waive their opportunity to present any testimony but may acknowledge their agreement with the representative 5. Other persons speaking in opposition-Three (3) minutes 6. A licant rebuttal-Five 5 minutes but ma be increased to a reasonable time period determined by the Chair with the consent of the Bodv 7. Motion to modify time limits: A motion to increase time limits maybe made for good cause upon showing why the time limits herein imposed by this ordinance would violate the due process ri is of an applicant or affected party. A motion to decrease time limits may be made for good cause upon a showing that the reduced time limits would provide for a more efficient ublic hearin and would not violate the due rocess ri is of an applicant or affected party. Modification of this rule requires a maiority vote of the Body. A motion to modify time limits must be made prior to the presentation of evidence at the public hearing_ 8. All time keeping shall be done by the Citv Clerk or desi ee 9. Admissible Evidence: Only relevant evidence is admissible and the determination of relevance shall be made by the Bodv with the assistance of the Citv Attorney. Relevant evidence shall mean "Evidence having any tendency to make the existence of any fact that is in consequence to the • determination of the matter before the Body more probable or less probable than it would be without the evidence. 10. Limitation maybe imposed upon the submission of testimony or evidence which is cumulative and unnecessarilyduplicative of other evidence received. 11. All exhibits shall be marked bye City Clerk and shall be admitted as part of the record. 12. Site Visits: Site visits are strongly discouraged while any application is pendine. Only in extraordinary circumstances would site visits be allowed. Site visits are defined as a specific viewing of a location that is under consideration before the Bod f~pecific purpose. A site visit is intended to gather evidence on which the later decision may be based It is not a "site visit" because a member of the Body routinely drives b~ specific location and is familiar with the site and surrounding location. If allowed, then the site visit is to be done in conformance with Idaho Rules of Civil Procedure and with the assistance of the City Attorney or desimee. A site visit can only be conducted when the Bodv shall first give notice to all affected parties, of their ri t together with their counsel to be present at the site visit. The visit shall be at apre-determined time and on the record. The agenda of the site visit should be stated on the record before the visit. The City Clerk or designee should also attend the site visit to take the minutes, which minutes shall be a part of the record The record shall be maintained in the same manner as anther public meeting and in conformance with the laws of the State of Idaho and the Citv Code of Meridian. C. Other Rules of Procedure for Public Hearings The conduct of a public hearing shall be subiect to State law and Ci ordinance. Anv matters otherwise not governed thereby involving procedure shall be governed by "Roberts Rules of Order" the latest edition thereof, as is applicable to the matter under consideration. For good cause the Bodv ma modif ~ the application of the rules set forth in this policy at the beginning of any public hearing_ D. Additional Process of Public Hearings Before a Decision Making Bodv The general order of the hearing is identified below The provisions of this section may be modified at each hearing dependingupon the circumstances with regards to application or permit request and in accordance with the provision of due process rights to all interested and affected parties. 1. Staff Report The Planning Department and/or the Public Works staff, as is appropriate shall have prepared and completed a staff report or an amended report as the case maybe on the application or permit which is the subject of the public hearing The staff report or an amended report, when completed shall be made available to the public and affected parties. 2. Pre-Mark Exhibits Applicants and affected property owners who seek to admit exhibits at public hearings are encouraged to provide those exhibits to the City Clerk before the public hearing for marking. Exhibits may become the property of the City and should be able to be displayed or viewed by the Bodv and the attendees of the hearing. 3. Sign-Un Sheet A sign-up sheet for each public hearing shall be made available in the Council Chamber or meeting room where the hearing is held for those who wish to speak at the public hearing. Persons wishing to testify will have priority based upon their placement on the sign-up sheet. 4. Agenda Call/Adiournment Hour. When the Bodv has considerable agenda, the Bodv at the beginning of its meeting, following the consent agenda, may determine how manYpublic hearings will be heard. The Chair may reauest those in attendance to identify whether their public hearin ig s ready to be heard and determine how many witnesses are appearing for and against the application in each of the public hearings. After receiving this information the Bodv may then determine the public hearings that can be heard at the meeting during reasonable hours. The Body may designate which public hearings will be conducted with the appropriate motion to continue the remaining scheduled public hearings, provided that the oldest matter should be heard first. NOTE• For the purposes of this step it is hereby determined that hearing, testimony and receiving evidence and deliberating on matters after 11:00 o'clock p m will require a special motion on the part of the Bodv to continue public hearing otherwise the public hearing will be reset until the next available date. E. Format Announced before Public Hearings Prior to the conduct of anYpublic hearing the Chair may inform those in attendance of the format and procedure for public hearing and may include any or all of the followin tg o wit: 1 Agenda Call (See above Section D (4).) 2. The Chair identifies all of the public hearings that will be heard that evening. The Chair shall then advise that all persons appearing and wishing to testify are asked to sign on the appr~o riate sign-up sheet for the public hearing in which they wish to testify. 3. The Chair explains the general format for public hearings. Detail of the format is below. 4. The Chair explains that some items may be placed on an abbreviated hearing agenda or added to the consent agenda prior to its passage with a general format as follows: uestion to the applicant regarding agreement with the conditions of approval. --Question to the public regarding any testimony or questions that could be briefly answered by staff. --Question to the Clerk for any additional written testimony that needs to be added or acknowledged for the record --Question to the Bodesregarding objection to place the item on the abbreviated hearing agenda or consent agenda. --Place items when: 11 applicant is in ate~eement with conditions of approval 2) where there is no adverse public testimony and 3) where Body and Chair agree to an abbreviated hearing agenda. --Approve abbreviated hearing agenda or consent agenda by one motion. F. Hearing Format for Each Public Hearing. The following is the format for each public hearing: 1. Staff Report: Staff shall make an oral presentation including staff's review of the staff report and staff shall then move to introduce the staff report and exhibits identified in the report as part of the record. 2. Testimony and evidence received: • Applicant and all of their representatives (up to fifteen (15) minutes • Parties in favor, neutral, and opposed to the application/appeal. (Three (3) minuted o Follow the order on the sign up sheet. Start with a designated representative, if applicable, allow up to ten (10) minutes. Party must identify the group they represent and other parties forgo their opportunity to present testimony by using a representative. • Testimony b~any other party that did not sign up ~ ~ Testimony and evidence on rebuttal bathe applicant or their representative o Five 5) minutes but maybe increased to a reasnnahlP r„ne penod detenruned by the Chair with the consent of rl,P Rodv 3• Close the Recei t of Testimon and Evidence. This can be done b the Chair when in the o inion of the Chair no fiu-ther new evidence is necess and all arties have had their o ortuni to be heard. The applicant shall always have the opportunity to address the B_ ody last. This action does not require a vote 4• Deliberation a• Chair announces what the Bod has to consider and determine. b. Bod members discuss the matter onl evidence that is art of the record which includes testimon and exhibits should be the sub•ect _matter of these discussions ) c• The Bod can ask for a le al o inion if necess to com lete the deliberation. d. The Body can take the matter under advisement and continue the heanng to acquire further evidence and then render an opinion at the next meehn~ date or at a date certain e• Pnor to any final motion the Chair shall declare all evidence is entered and the heanng is c= 5• Decision The Bodv shall make final dispositive motions to render a recommendation decision and a rove or direct that Findin s of Fact Conclusions of Law and/or Decisions and Orders fora royal or denial with or without modifications as necessa be r ared in conformance with the decision and to submit the same fora royal to the Bod at a future scheduled meetin G. Reconsideration An final decision of the Bod ma be reconsidered under certain circumstances. ;ion may be recnncir~P,-P~ ,,.,.,,, ~ ~~.,.__,;r_ _r _ _ .. _ • published or a contract or agreement has been executed A decision to deny or approve reconsideration is not appealable. Section 2. All ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That pursuant to the affirmative vote of one-half (1 /2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication and after November 1, 2004. PASSED by the City Council of the City of Meridian, Idaho, this day of 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2006. APPROVED: MAYOR ATTEST: CITY CLERK May 5, 2006 MERIDIAN CITY COUNCIL MEETING • May 9, 2006 APPLICANT Landmark Development, LLC ITEM NO. 8 REQUEST Request for Consideration of Denial for a Variance for two access points onto Eagle Road / SH ~5 and to the Approval of Preliminary Plat Conditions as they relate fo Eagle Road access for Gateway Marketplace: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Attached Minutes OTHER: See attached Request for Reconsideration Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Ctiy of Meridian. May 5, 2006 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Steven Cady ITEM NO. 9 REQUEST Continued from May 2, 2006: Appeal Hearing for Order to Remove Junk Vehicles by Steven Cady with Meridian Cherry Lane Mobile Home Park 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 Previous Item Packst /Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubflc meetings shall become property of the City of Meridian. i May 5, 2006 AZ 05-067 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Insight Architects ITEM NO. ~ O REQUEST Continued Public Hearing from April 25, 2006 -Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium High Density Residential zone for Casa Meridians - 1777 Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTf21CT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Previous Item Packet /Minutes See attached Email from Planning Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. May 5, 2t)O6 CUP 05-060 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Insight Architects ITEM NO. ~ ~ REQUEST Continued Public Hearing from April 25, 2~6 -Request for Conditional Use Perry family development in a proposed R-15 medium high density residential district for Casa Meridians - 1777 Victory 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 Previous Item Packet /Minutes See attached Email from Planning Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • May 5, 2006 AZ 05-060 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Ada County Highway District ITEM NO. ~Z REQUEST Continued Public Hearing from May 2, 2~6 -Request for Annexation and Zoning of 4.92 acres from RUT to C-G zones for Ada County Highway District Ustick Road Property -- 3595 East Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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 previous item Packet /minutes See attached Revised Staff Report Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • May 5, 2006 AZ 06-003 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Hightower, LLC ITEM NO. 13 REQUEST Public Hearing: Annexation and Zoning of 24.03 acres from RUT to R-8, R-15 and C-C zones for Hightower Subdivision - SW comer of Chinden Boulevard and 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: COMMENTS See PSZ item Packet / PB~Z Minutes See attached Recommendations OTHER: See attached Letter from Tom Buuck Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the Ctty of Meridian. • . May 5, 2006 PP 06-003 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Hightower, LLC ITEM NO. 14 REQUEST Public Hearing: Preliminary Plat approval of 106 residential lots, 4 commer- ciaf.lots, 2 private street lots and 25 common lots on 22.94 acres in proposed R-8, R-15, 8~ C-C zones for Hightower Subdivision - SW comer of Chinden Boulevard 8~ 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: See attached Letter from Tom Buuck COMMENTS See Ptt<Z item Packet / P8~Z Minutes See attached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • May s, 2006 CUP 06-4 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Hightower, LLC ITEM NO. REQUEST Public Hearing: Request for a CUP for a Mixed Use Planned Development including single family detached, townhouse units, commercial uses, private streets, a neighbor- hood park 8~ vehicle access to Chinden Blvd for Hightower Subdivision - SWC of Chinden Blvd S~ Jer 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 PdZ ffem Packet / P&Z Minutes See a#Mched Recommendations OTHER: See attached Letter from Tom Buuck Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meeflngs shall become properly of the CNy of Meridian. i • May 5, 2006 VAR Ob-004 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Hightower, LLC ITEM NO. 16 REQUEST Public Hearing: Request for a Variance to construct an access to Chinden Boulevard, a State Highway, for Hightower Subdivision -southwest comer of Chinden Blvd & and 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: See attached Letter from Tom Buuck COMMENTS See attached Recommendations No Comment No Comment Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • Mpy 5, 2006 AZ 06-006 MERIDIAN CITY COUNCIL MEETING Mpy 9, 2006 APPLICANT Sep 2 Sep, LLC ITEM NO. 17 REQUEST Public Hearing: Request for Annexation and Zoning of 10.01 acres from RUT to C-G zone for Knighthill Center Subdivision -southwest comer of N. Linder Road and Chinden Boulevard AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Postin COMMENTS See P 8 Z Item Packet / P >~ Z Minutes See attached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cify of Meddipn. ~ ~ May 5, 2006 PP 06-005 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Sea 2 Sea, LLC ITEM NO. 18 REQUEST Public Hearing: Request for Preliminary Plat approval of 4 commercial lots and 1 common on 10.Q1 a cres in a proposed C-G zone for Knighthill Center Subdivision - southwest comer of N. Linder Road and Chinden Boulevard: AGENCY COMMENTS CITY CLERK: See P & Z Item Packet / P >~ Z Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: RDA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • May 5, 2006 MERIDIAN CITY COUNCIL MEETING May 9, 2006 AZ 06-01 l APPLICANT Pacific Landmark Development ITEM NO. 19 REQUEST Public Hearing: Request for annexation and zoning of 29.69 acres from RUT to an R-4 zone for Basin Creek Subdivision - 5603 N. 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: MERIDIAN POST OFFICE: OTHER: COMMENTS See P& Z Item Packet / P 8 Z MinuFes See attoched Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubtlc meetings shall become property of the City of Meridian. C May 5, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Pacific Landmark Development C*~ ITEM NO. ZO REQUEST Public Hearing: Request for Preliminary Plat Approval of 88 building lots and 10 common lots on 29.69 acres in a proposed R-4 zone for Basin Creek Subdivision - 5603 N. 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: MERIDIAN POST OFFICE: OTHER: P P 06-009 May 9, 2006 COMMENTS fee P A Z Item Packet / P 8 Z f+Ainutes See aftached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. N CITY OF MERIDIAN BY THE CITY COUNCIL: N RESOLUTION NO. ~ ~ - BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION RATIFYING THE CITY COUNCIL'S APPROVAL OF PUBLIC WORKS FEE SCHEDULE FOR WATER AND SEWER RATE INCREASE OF 4%; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 2, 2006, the City Council of the City of Meridian, held a hearing on the adoption of the Public Works Fee Schedule for water and sewer rate increase of 4% as shown by Attachment "A" and incorporated herein by reference; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said Public Works Fee Schedule; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Public Works Fee Schedule for water and sewer rate increase of 4% is hereby adopted. A copy of the fee schedule is attached as Exhibit "A". Section 2. That the Director of Public Works is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect on the C day of _ ~~~, , 2006. ADOPTED by the City Council of the City of Meridian, Idaho ~ ~-'' da Y of -6ti!/J , 2006. ti APPROVED by the Mayor of the City of Meridian, Idaho, this ~ ~® day of ~~ yj , 2006. APPROVED: A~a`mmmvmm `~,,p< ~>; ,B de WEERD AvVyti ~ °® ATTEST: ~ `~ ~„ - WILLIAM G. BERG, J ., C ~ ~ t~ , ~° PUBLIC WORKS FEE SCHEDULE FOR~~>d~;i~$VE~,TE INCREASE OF 4% Page 1 of 1 rr/rrrrrrra vmvmtem`a N N City of Meridian NOTICE OF WATER AND SEWER USER RATE CHANGE The Meridian City Council approved a 4% water and sewer rate increase on May 9, 2006. The July bills will reflect the increased rate. The adjustment is made to reflect current administration, operation and maintenance costs of the water and wastewater systems. The water and sewer user chases were last changed in April of 2005. The proposed water and sewer rate adjustments will affect all water and sewer customers. The changes are as follows: Previous New (7/1!2006) Water Fixed Fee $3.59 $3.73 Water Use Fee (Cost per 1,000 $1.01 $1.05 gallons) Minimum Total Monthly Water $3.59 $3.73 User Charge for zero usage: Example 8,000 gaUmonth Water $11.67 $12.13 Billing: Sewer Fixed Fee $4.20 $4.37 Sewer Use Fee (cost per 1,000 $2 87 $2 99 gallons) Minimum Total Monthly Sewer $4 20 $4.37 User Charge for zero usage: Example 8,000 gaUmonth $27,16 $28.29 Sewer Billing: Note: All meter readings are rounded up to the nearest 1, 000 gallons r May 5, 2006 RZ 05-020 MERIDIAN CITY COUNCIL MEETING May 9, 2006 APPLICANT Fred Pratt ITEM NO. ZZ REQUEST Ordinance No. RZ 05-020 Request for a Rezone of .17 acres from R-4 to O-T zones for operation of a barber shop for Fred's "Reel" Barber Shop - 1127 North Meridian Road: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Ordinance ~y,lv'~ Contacted: ~~d (~ra ~- Date: 5- fS- 0 ~ Phone: Emailed: l}(S,S ('n ou Staff Initials: ~_ Materials presented at public meetings shall become properly of the Ctiy of Meridian. ADA COUNTY RECORDER J. D NAVARRO AMOUNT ,00 I BOISE IDAHO OB105/0B 01:05 RECO QED REa Esr of III IIIIIIIIIIIIIIIIIIillllllllllll 111 Meridian City 106058996 CITY OF MERIDIAN ORDINANCE NO. ~~- l ~~ BY THE CITY COUNCII.: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE FINDING THAT FRED PRATT, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-05-020 -FRED'S "REEL" BARBER SHOP) FOR REAL PROPERTY LOCATED IN THE SOUTHEAST 1/ OF THE NORTHEAST 1/ OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-4 (LOW DENSITY RESIDENTIAL) TO O-T (OLD TOWN) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FII.ED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of sad property, to-wit: FYed PYatt. SECTION 2. That the above-described real property is hereby re-zoned from R-4 to O-T (Old Town) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re- zone said property. RE-ZONE OF FRED'S "REEL" BARBER SHOP - RZ-05-020 Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps a.s well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote ofone-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCII. OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of /~Ztli~/f , 2006. O- APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of /~~~ , 2006. O OL`~~teP ~ < ~`~~ `s~ ~ A ;' de WEERD ATTE ~ ~ - ..~. .~ ` WILLIAM G. BERG, JR., CITY ~, r ~~t • ~` ,.' ,, ~. ,,~, ,~, RE-ZONE OF FRED'S "REEL" BARBE~R`S~OP - RZ-OS-020 Page 2 of 3 STATE OF IDAHO, ) ss. County of Ada ) 1~J On this ~ (~ day of ~ ~~, "~~ , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~®r~ ~ (SEAL) ~ Q,~~p~ ~ NOTARY PUBLIC FOR IDAHQQ ~~ '4 ~ RESIDING AT: r~ fh~- ~/c,~ .,x . vi, , MY COMMISSION EXPIRES: Jt~ 15`-ll . . • ~e ~~ • r ~~e~-~~,~~ r ~~_ ~ ~ _•~ RE-ZONE OF FRED'S "REEL" BARBER SHOP - RZ-05-020 Page 3 of 3 Colleen Marks, L:S. 7045 ! 6405 Ustick Road '• .Boise, .Idaho .83704 ' Phone: (2Q8) 378-7703 ~• .Faxr (208) 378-77.59:. •. Small: marksls~velocltus.net .. REZONE DESCRIPTION A parcel o£ land-being all of I.Qt.4, Block Y, one.half ~f the adj~el~it riglit~of ways of ~ . . .N. Meridian Street and W, Washington Street and.one'hal~of the adjacent'alley, all being part of Niday's Second Addition as recorded: in'•Book 1:1 of Plats at Pag,~ 594, records of Ada County, Idaho, said pazcel lying in•the SEl/4 NEl/4.of Section 12, T.3N.; R.1 W., ~ • Boise Meridian, City of Meridian, Ada County, Idaho, said parcel also being.more _ particularly described as follows: ~ ~ ~ ~ . ~ ~ . . Commencing at:a point inarlcing the Section Corner'commori to:S¢ctions 1 and 1.2, T.31V., ~.~ . •~Z..•I'S~V'.; and Sections 6, and•.'7, 'I',3~T.; R.lE.;'Boise Meridia~i;:Ada~C6unt~Z,.Id'ahc~, sz4id • .' .point lying along the centerline of.N. NfeTidian Street; thence S:00°00'E. 695.8•fee~ mare' ' ' or less along.the~ easterlyboundary of said S'ec~on 12 anc~ the~said centerline afN. ~ '• Meridian Street•to a point marking the NE. corner of said Niday's Second Addition;. . 'thence continuing 5.00°00'E. 978,•4 feet more or less along the. said easterly boundary of . Section •12, the easterly. boundary of said Niday's Second Adclition~ and'the~•said centerline ~ •. • ofN. Meridian Street to a point rnarking the centerline intersection of'said N. Meridian • ,Street and'•said yV. Washington.Street,'said•lioint also~marking THE.REAL POINT OF' BEG~.~tIV1NCa~: .. • thcnoe continuing S.OU°OD'E. 94.E ,feet mole or less along the. said~eaisterly bownclazy~of • ' ' ... • ~ Section 12, the, Said easterly boundary of 1~'iday's :Second•Additiori~.and ~e said ceriterline~ of N, Meridian Street~to a'poixit; ~ . ~ . ~ ~ ~ • • -tlienceN.89°50'W: 15.8.Ofeet'more.orlessalpngthe-soutlerl3-•botandaryofsaid:-Lat•4,'. , • .. Block 1, Niday's Second Addition t6 a point of intersectlo~i~of said.soiitherly boundary•of '~ Niday's Second Addition with the said .centerline of the alley; thence.N.00°00'W. -94:0 feet more or less~along the said•centerli~ne.oftl~e alley to :a plaint ' mariCingthe centerline intersection of said alley with the'ceriterline.of said ~V.. ~. • ~ ~ ' - ~~ V~?'ashington Street; - ~ ~ . • . . thence 5,89°50'E. 158:Q feet more ,o~ less slong:the:said centerline of W. Washington ~Street~to the point of•beginning, containing 0.34 acres;'mbre or less. ' ~ . ' SUBJECT T'0: • Any easerimerits or.rights of vway of record_oF in use. • . ~ '. . ' B ~. • - ' rvt!^RIDh4~N PUBLIC' • • .. . • ';NARKS D~P7.: • ~ Platt Loth $ntl.doc - 1.'-•~ ~,. ., . L:1 }U 705 " 11-off-a. , ~G •r ~Ip ~v=- ~. NE CORNER rapAY'S SECOND ADDI TIQN tr ~~ z~ M~ ti ,_ ~ s 12 7 rn co w O 0 vi ~-- W. ELM AVENUE L,J ~~ o ~ co ~ao (n ~^ v.; Z ~ Q BLOCK5 2-4, , ,o - NIDAY'S SECOND ~;'- lo° ~ ADDITION ~ vi ~ , ---- -l ~-•----- --------~ ' W W. WASHIN.TQN STREET ~ ° ~ _ ~~ 5.84'SU'E. 158. U' o c~ - - Z a ~ ~ _-____m ~------^-------------., rn , ~' ~ i v o~ ~ LO7 4, BLOCK t, C'ow NIDAY'S SECOND i 30' ° • m ~I ' ADDI710PJ ' ,~ O . ~ .. t..~ ai_ _. ._ ~ _,.. 4 ~!+ tri T•~ I Vin' j (, !~ i, ~ I ~ {'; NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.06- / Z 3 / PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for land known as Fred's "Reel" Barber Shop, located at 1127 N. Meridian Road, Meridian, Idaho, in the SE % of the NE % of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains .34 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed as attached as exhibit "B" by Colleen Marks of Marks Land Surveying, Inc. on November 4, 2005. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, ~~"' ' 's~a~~iinance shall become effective on the ~ day of ~ ~ ,e$~ ~~ ~ AA,~,~ J `~` ~ pp~~,, - m y ' ~ ~ °i~ ~ ~ Mayor and City Council o the City o~Me 'dian~ ,, By: William G. Berg, Jr., City Clerk . ~°"~"~`~~"' First Reading: .~ - 9-O 6 Ac~u~ e Eby suspension of the Rule as allowed pursuant to Idaho Code Sb~,~ S NO Second Reading: - fihird ~Re~di'ng STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- / Z 3 ~ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- ~ 2 3 ~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ day of ~~ 2006. ~~~~~ ` C. . William. L.M. Nary, City Attorney ORDINANCE SUMMARY - RZ-05-020 REZONE OF FRED'S °`REEL" BARBER SHOP - Page i