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HomeMy WebLinkAbout2006-04-250 i CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 25, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Revised 4-21-06 `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 _)4� Joe Borton ._ Charlie Rountree X Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: Vi� QZh,,�-f )P,T,,,,, 3. Community Invocation by Joe Anderson, with Cole Community Church: lore".---� 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of April 11, 2006 City Council Regular Meeting: aPPI�vte, B. Findings of Fact and Conclusions of Law for Approval: AZ 05- 056 Request for Annexation and Zoning of 6.08 acres from RUT to TN -R and 4.07 acres from RUT to C -C zone for Harks Canyon Creek Subdivision by JBS Enterprises, LLC — 1845 West Franklin Road: alglp- vv'e C. Findings of Fact and Conclusions of Law for Approval: PP 05- 058 Request for Preliminary Plat approval of 29 residential lots, 7 commercial lots and 7 common lots on 10.15 acres in proposed TN -R and C -C zones for Harks Canyon Creek Subdivision JBS Enterprises, LLC —1845 West Franklin Road: D. Findings of Fact and Conclusions of Law for Approval: CUP 05-051 Request for a Conditional Use Permit for a mixed-use Meridian City Council Meeting Agenda — April 25, 2006 Page 1 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 9 Revised 4-21-06 development within 300' of a residence for Harks Canyon Creek Subdivision JBS Enterprises, LLC —1845 West Franklin Road: E. Findings of Fact and Conclusions of Law for Approval: AZ 05- 061 Request for Annexation and Zoning of 9.55 acres from RUT to C -G zone for Una Mas by Una Mas, LLC — 3475 East Ustick Road: F. Resolution No. e�76 — ,-`.S : Authorizing Donation of Surplus Computer Equipment to Meridian Boys and Girls Club: o?12Y-v ve- G. Resolution No. -,57 d Revising the Hiring and Recruitment Policy (2-1-6) of the City of Meridian Police Department Policy and Procedures Manual: a,pjoYm mac. H. Resolution No. dpl�' ✓ 17 Ratifying Council's Approval of the Building Department Fee Changes for Re - Inspections; Temporary Power Poles / Construction Services; Residential Electrical Permits; and Hot Tubs, Swimming Pools and Other Spas: 2lglvrvvc I. Water Main Easement Agreement for Marcon Office and Shop with Martin Swigert, LLP: �io�vro v� J. Sanitary Sewer and Water Main Easement Agreement No 1 for Centerpointe Subdivision with WH Moore1: ll��r-o vac, K. Sanitary Sewer and Water Main Easement Agreement No 2 for Centerpointe Subdivision with WH Moore: L. Water Main Easement Agreement No. 3 for Centerpointe Subdivision with WH Moore: aPr*1-kv vc- M. Sanitary Sewer and Water Main Easement Agreement No 4 for Centerpointe Subdivision with WH Moore: aJb�l�rov� N. Award of Bid for Procurement of Biosolids Direct Dryer System to Andritz-Ruthner, Inc.: O. Award of Bid for Parkway Subdivision Pressure Irrigation Interconnect to Mike Rice Construction: alpywvw, P. Approve Beer. Wine. and Liquor License Renewals: Albertson's #164 — Beer & Wine Albertson's #180 — Beer & Wine Andrade's — Beer & Liquor Meridian City Council Meeting Agenda — April 25, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • Revised 4-21-06 Double D Home & Ranch - Beer & Wine Epi's A Basque Restaurant - Beer & Wine Fiesta Guadalajara - Beer & Liquor Jack in the Box Quick Stuff - Beer & Wine Johnny Carino's Country Italian - Beer & Liquor Louie's Pizza & Italian Restaurant - Beer & Liquor Red Robin - Beer & Liquor Sa Wad Dee Thai Restaurant - Beer & Wine St. Lukes Medical Center - Beer & Wine Smokey Mountain Pizza & Pasta - Beer & Wine Texas Roadhouse - Beer & Liquor Tony Roma's - Beer & Liquor Q. Temporary License Agreement with ACHD for Gateway Art Project: ai�ovc- R. Contract Agreement for Consulting Services for a Classification and Compensation Project to Provide Professional Human Resources Consultative Services between the City of Meridian and BDPA, Inc.: 6. Department Reports: A. Fire Department - Ron Anderson 1. Budget Amendment for Regional Fire Act Grant to Purchase 700mhz Vehicle Radios: o�pp-rove &6-5;Z50- 2. S✓',2Sb2. Budget Amendment for Fire Act Grant to Purchase Handheld Radios, S.C.B.A, Fire Shelters and Fitness Evaluation Equipment: o-,R1ry--vY- *1-73f7a,57 3. Budget Amendment for Idaho Fire Chief s License Plate Grant used to Purchase Audio / Visual Equipment for Fire Safety Center: a1�vt- 4'/1 6-P4 4. Budget Amendment for Homeland Security Grant to Purchase Critical Infrastructure Protection; Security Gates for Wastewater Treatment Plant, Night Vision Goggles for Police Department and Lock Security System for Fire Department Vehicles: aR19h Ve- 0 35, 3 91- 5. Budget Amendment for Full Time Public Education Specialist:�>rvvt,� �3$ B. Police Department - Bill Musser Meridian City Council Meeting Agenda — April 25, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. U Revised 4-21-06 1. Discussion of Animal Control Ordinance: PXPI roa /%� 2. Traffic Safety Commission — Recommendation to reduce the speed limit on West Franklin Road between Linder Road and Ten Mile Road from 50 to 40 miles per hour: rjjojv�c. 7. Items Moved from Consent Agenda: "n -e- a. FP 06-017 Request for Final Plat approval of 100 residential building lots and 10 common lots on 18.86 acres in a R-8 zone for Ambercreek Subdivision No.1 by Dyver Development, LLC — west of North Meridian Road and south of West McMillan Road: 9. Continued Continued Public Hearing from March 21, 2006: 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: 10. Continued Public Hearing from March 21, 2006: 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: 417;,vvv-c. 11. Continued Public Hearing from March 21, 2006: CUP 05-047 Request for a 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 by Centennial Development, LLC — northwest corner of North Ten Mile Road and West Pine Avenue: AVVY�vK. 12. Continued Public Hearing from April 4, 2006: 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: Giil'�Xvv� 13. Continued Public Hearing from April 4, 2006: 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: aY7X11-9wC., 14. Continued Public Hearing from April 4, 2006: 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: Meridian City Council Meeting Agenda — April 25, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 Revised 4-21-06 15. Continued Public Hearing from April 11, 2006: 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: :w 119 -vvr. 16. Continued Public Hearing from April 11, 2006: 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: ajjN-ovw 17. Continued Public Hearing from April 11, 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: ��,.,,� yi d/`,. I,o f_j vj6 18. Continued Public Hearing from April 11, 2006: CUP 05-060 Request for a Conditional Use Permit for a 32 -unit multi -family development in a proposed R-15 Medium -High Density Residential District for Casa Meridiana by Insight Architects -1777 Victory Road: Cv"76k*Z &C, p/A % 5--f-194 19. Pubic Hearing: VAC 06-005 Request for a Vacation of a public utilities, �°k drainage and irrigation easement between Lots 4 and 5 Block 2 for Gemtone Center Subdivision No. 2 by Petra Contractor - 1055 and 1097 North Rosario Street: a� vac ��e,�,c. /Gdr7G�cfio�►�,�-- w�r�r,�� Meridian City Council Meeting Agenda — April 25, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 25, 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: 3. Community Invocation by Joe Anderson, with Cole Community Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of April 11, 2006 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 05- 056 Request for Annexation and Zoning of 6.08 acres from RUT to TN -R and 4.07 acres from RUT to C -C zone for Harks Canyon Creek Subdivision by JBS Enterprises, LLC — 1845 West Franklin Road: C. Findings of Fact and Conclusions of Law for Approval: PP 05- 058 Request for Preliminary Plat approval of 29 residential lots, 7 commercial lots and 7 common lots on 10.15 acres in proposed TN -R and C -C zones for Harks Canyon Creek Subdivision JBS Enterprises, LLC —1845 West Franklin Road: D. Findings of Fact and Conclusions of Law for Approval: CUP 05-051 Request for a Conditional Use Permit for a mixed-use Meridian City Council Meeting Agenda — April 25, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. i 0 development within 300' of a residence for Harks Canyon Creek Subdivision JBS Enterprises, LLC — 1845 West Franklin Road: E. Findings of Fact and Conclusions of Law for Approval: AZ 05- 061 Request for Annexation and Zoning of 9.55 acres from RUT to C -G zone for Una Mas by Una Mas, LLC — 3475 East Ustick Road: F. Resolution No. : Authorizing Donation of Surplus Computer Equipment to Meridian Boys and Girls Club: G. Resolution No. Revising the Hiring and Recruitment Policy (2-1-6) of the City of Meridian Police Department Policy and Procedures Manual: H. Resolution No. Ratifying Council's Approval of the Building Department Fee Chances for Re - Inspections; Temporary Power Poles / Construction Services; Residential Electrical Permits; and Hot Tubs, Swimming Pools and Other Spas: I. Water Main Easement Agreement for Marcon Office and Shop with Martin Swigert, LLP: J. Sanitary Sewer and Water Main Easement Agreement No 1 for Centerpointe Subdivision with WH Moore1: K. Sanitary Sewer and Water Main Easement Agreement No 2 for Centerpointe Subdivision with WH Moore: L. Water Main Easement Agreement No 3 for Centerpointe Subdivision with WH Moore: M. Sanitary Sewer and Water Main Easement Agreement No 4 for Centerpointe Subdivision with WH Moore: N. Award of Bid _for Procurement of Biosolids Direct Dryer System to Andritz-Ruthner, Inc.: O. Award of Bid for Parkway Subdivision Pressure Irrigation Interconnect to Mike Rice Construction: P. Approve Beer. Wine. and Liquor License Renewals: Albertson's #164 — Beer & Wine Albertson's #180 — Beer & Wine Andrade's — Beer & Liquor Meridian City Council Meeting Agenda — April 25, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Double D Home & Ranch — Beer & Wine Epi's A Basque Restaurant — Beer & Wine Fiesta Guadalajara — Beer & Liquor Jack in the Box Quick Stuff — Beer & Wine Johnny Carino's Country Italian — Beer & Liquor Louie's Pizza & Italian Restaurant — Beer & Liquor Red Robin — Beer & Liquor Sa Wad Dee Thai Restaurant — Beer & Wine St. Lukes Medical Center — Beer & Wine Smokey Mountain Pizza & Pasta — Beer & Wine Texas Roadhouse — Beer & Liquor Tony Roma's — Beer & Liquor Q. Temporary License Agreement with ACHD for Gateway Art Pro ect: 6. Department Reports: A. Fire Department — Ron Anderson 1. Budget Amendment for Regional Fire Act Grant to Purchase 700mhz Vehicle Radios: 2. Budget Amendment for Fire Act Grant to Purchase Handheld Radios, S.C.B.A, Fire Shelters and Fitness Evaluation Equipment: 3. Budget Amendment for Idaho Fire Chiefs License Plate Grant used to Purchase Audio / Visual Equipment for Fire Safety Center: 4. Budget Amendment for Homeland Security Grant to Purchase Critical Infrastructure Protection; Security Gates for Wastewater Treatment Plant, Night Vision Goggles for Police Department and Lock Security System for Fire Department Vehicles: 5. Budget Amendment for Full Time Public Education Specialist: B. Police Department — Bill Musser 1. Discussion of Animal Control Ordinance: Meridian City Council Meeting Agenda — April 25, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 11 0 2. Traffic Safety Commission — Recommendation to reduce the speed limit on West Franklin Road between Linder Road and Ten Mile Road from 50 to 40 miles per hour: 7. Items Moved from Consent Agenda: 8. FP 06-017 Request for Final Plat approval of 100 residential building lots and 10 common lots on 18.86 acres in a R-8 zone for Ambercreek Subdivision No.1 by Dyver Development, LLC — west of North Meridian Road and south of West McMillan Road: 9. Continued Public Hearing from March 21, 2006: 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: 10. Continued Public Hearing from March 21, 2006: 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: 11. Continued Public Hearing from March 21, 2006: CUP 05-047 Request for a 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 by Centennial Development, LLC — northwest comer of North Ten Mile Road and West Pine Avenue: 12. Continued Public Hearing from April 4, 2006: 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: 13. Continued Public Hearing from April 4, 2006: 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: 14. Continued Public Hearing from April 4, 2006: 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: 15. Continued Public Hearing from April 11, 2006: AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Meridian City Council Meeting Agenda — April 25, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • Subdivision by Dyver Development, LLC — southeast corner of Ten Mile Road and Chinden Boulevard: 16. Continued Public Hearing from April 11, 2006: 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: 17. Continued Public Hearing from April 11, 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: 18. Continued Public Hearing from April 11, 2006: CUP 05-060 Request for a Conditional Use Permit for a 32 -unit multi -family development in a proposed R-15 Medium -High Density Residential District for Casa Meridiana by Insight Architects —1777 Victory Road: 19. Pubic Hearing: VAC 06-005 Request for a Vacation of a public utilities, drainage and irrigation easement between Lots 4 and 5, Block 2 for Gemtone Center Subdivision No. 2 by Petra Contractor — 1055 and 1097 North Rosario Street: Meridian City Council Meeting Agenda — April 25, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting April 25 2006 The regular meeting of the Meridian City Council was called to order at 7:28 P.M., Tuesday, April 25, 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, Bill Musser, Ron Anderson, Len Grady, 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: Okay. I will go ahead and open the City Council meeting. It is Tuesday, April 25th. It is almost 7:30. We apologize for the late start. We will begin our meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is our pledge of allegiance. We will be led tonight by some seniors from Meridian High and they will introduce themselves before they set us off in the pledge. Atkinson: I'm Jessica Atkinson. Warren: Danielle Warren. Tindall: My name is Kathryn Tindall. Mecham: James Mecham. De Weerd: Thank you. (Pledge of Allegiance recited.) Item 3: Community Invocation by Joe Anderson, with Cole Community Church: De Weerd: Now, in addition to your extra credit, I do have a City of Meridian water tower pin. Thank you for leading us tonight. Thank you. You should get extra extra credit for that. Okay. Item No. 3 is our community invocation. We will led tonight by • Meridian City Council April 25, 2006 Page 2 of 43 I -I LJ Joe Anderson with Cole Community Church. If you will all join us in the invocation or take this as an opportunity for a moment of silence. J. Anderson: Father, we honor you in heaven above, for you have granted us this life, have blessed us by providing for our basic needs, have given us the ability to have a relationship with you and to serve you through Jesus Christ, our Lord. Psalm 1:1-3. Blessed is the man who does not walk in the counsel of the wicked or stand in the way of sinners or sit in the seat of mockers, but his delight is in the law of the Lord and on his law he meditates day and night. He is like a tree planted by streams of water, which yields it fruit in season and whose leaf does not wither. Whatever he does prospers. Thank you for honoring our paths of righteousness. You are a just God and our light guide. Psalm 23. The Lord is my shepherd. I shall not want. He makes me lie down in green pastures. He leads me besides quiet waters. He restores my soul. He guides me in paths of righteousness for his name sake. Even though I walk through the valley of the shadow of death, I will fear no evil, for you are with me. Your rod and your staff, they comfort me. You prepare a table for me in the presence of my enemies. You anoint my head with oil. My cup overflows. Surely goodness and love will follow me all the days of my life and I will dwell in the house of the Lord forever. Be our shepherd and take care of us as we serve. Bless this great City of Meridian with your protection and provision, especially those who are defending our freedom and way of life at home and abroad, from various threats. These are our firefighters, policemen, and our armed forces. Bless them and honor them for their service and help them to feel your still, calm presence nearby. Be now with Mayor De Weerd, our City Council Members, and the members of the staff of the City of Meridian. May your heart be on their minds, your graciousness in their words, and your righteousness and love in their actions. Proverbs 16:9. In his heart a man plans his course, but the Lord determines his steps. Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Mr. Anderson. Item No. 4 is adoption of the agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I have several changes. On the Consent Agenda, Item 5-N is to be deleted. On our regular agenda, Item No. 19 is to be moved to immediately following Item No. 8. And Items 17 and 18 have asked for a continuance to May 9th. And with that I move we adopt the revised agenda. Borton: Second. De Weerd: Okay. All those in favor say aye. MOTION CARRIED: ALL AYES. 0 Meridian City Council April 25, 2006 Page 3 of 43 Item 5: Consent Agenda: 9 A. Approve Minutes of April 11, 2006 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 05- 056 Request for Annexation and Zoning of 6.08 acres from RUT to TN -R and 4.07 acres from RUT to C -C zone for Harks Canyon Creek Subdivision by JBS Enterprises, LLC — 1845 West Franklin Road: C. Findings of Fact and Conclusions of Law for Approval: PP 05- 058 Request for Preliminary Plat approval of 29 residential lots, 7 commercial lots and 7 common lots on 10.15 acres in proposed TN -R and C -C zones for Harks Canyon Creek Subdivision JBS Enterprises, LLC — 1845 West Franklin Road: D. Findings of Fact and Conclusions of Law for Approval: CUP 05-051 Request for a Conditional Use Permit for a mixed-use development within 300' of a residence for Harks Canyon Creek Subdivision JBS Enterprises, LLC —1845 West Franklin Road: E. Findings of Fact and Conclusions of Law for Approval: AZ 05- 061 Request for Annexation and Zoning of 9.55 acres from RUT to C -G zone for Una Mas by Una Mas, LLC — 3475 East Ustick Road: F. Resolution No. 06-515 Authorizing Donation of Surplus Computer Equipment to Meridian Boys and Girls Club: G. Resolution No. 06-516Revising the Hiring and Recruitment Policy (2-1-6) of. the City of Meridian Police Department Policy and Procedures Manual: H. Resolution No. 06-517 : Ratifying Council's Approval of the Building Department Fee Changes for Re -Inspections; Temporary Power Poles / Construction Services; Residential Electrical Permits; and Hot Tubs, Swimming Pools and Other Spas: Water Main Easement Agreement for Marcon Office and Shop with Martin Swigert, LLP: J. Sanitary Sewer and Water Main Easement Agreement No 1 for Centerpointe Subdivision with WH Moore: K. Sanitary Sewer and Water Main Easement Agreement No 2 for Centerpointe Subdivision with WH Moore: 0 0 Meridian City Council April 25, 2006 Page 4 of 43 L. Water Main Easement Agreement No. 3 for Centerpointe Subdivision with WH Moore: M. Sanitary Sewer and Water Main Easement Agreement No. 4 for Subdivision with WH Moore: O. Award of Bid for Parkway Subdivision Pressure Irrigation Interconnect to Mike Rice Construction: P. Approve Beer, Wine. and Liauor License Renewals: Albertson's #164 — Beer & Wine Albertson's #180 — Beer & Wine Andrade's — Beer & Liquor Double D Home & Ranch — Beer & Wine Epi's A Basque Restaurant — Beer & Wine Fiesta Guadalajara — Beer & Liquor Jack in the Box Quick Stuff — Beer & Wine Johnny Carino's Country Italian — Beer & Liquor Louie's Pizza & Italian Restaurant — Beer & Liquor Red Robin — Beer & Liquor Sa Wad Dee Thai Restaurant — Beer & Wine St. Lukes Medical Center — Beer & Wine Smokey Mountain Pizza & Pasta — Beer & Wine Texas Roadhouse — Beer & Liquor Tony Roma's — Beer & Liquor Q. Temporary License Agreement with ACHD for Gateway Art Project: R. Contract Agreement for Consulting Services for a Classification and Compensation Project to Provide Professional Human Resources Consultative Services between the City of Meridian and BDPA, Inc.: De Weerd: Okay. Next item. Consent Agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we adopt the revised Consent Agenda with the deletion of Item N. Rountree: Second. Meridian City Council April 25, 2006 Page 5 of 43 De Weerd: Okay. The motion is to approve the Consent Agenda with the change as noted. Any discussion? Bird: And the clerk to attest. De Weerd: Is that Mayor to sign and Clerk to attest? Wardle: That is for the Mayor to sign and the Clerk to attest. And Resolution No. 06- 515, 06-516, and 06-517, Item F, G and H. De Weerd: Okay. Thank you, Mr. Wardle. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Fire Department — Ron Anderson 1. Budget Amendment for Regional Fire Act Grant to Purchase 700mhz Vehicle Radios: 2. Budget Amendment for Fire Act Grant to Purchase Handheld Radios, S.C.B.A, Fire Shelters and Fitness Evaluation Equipment: 3. Budget Amendment for Idaho Fire Chief s License Plate Grant used to Purchase Audio / Visual Equipment for Fire Safety Center: 4. Budget Amendment for Homeland Security Grant to Purchase Critical Infrastructure Protection; Security Gates for Wastewater Treatment Plant, Night Vision Goggles for Police Department and Lock Security System for Fire Department Vehicles: 5. Budget Amendment for Full Time Public Education Specialist: De Weerd: Thanks. Item 6. Our Department Reports. We will start with Chief Anderson with the Fire Department. Anderson: Thank you, Madam Mayor and Council. What I have tonight is a request for five budget amendments. We have been saving them up for you all year, so we could hit you at once. Fortunately, four of these are for grants that we have received and a Meridian City Council April 25, 2006 Page 6 of 43 couple of them require some matching funding. So, I guess I ask for a point of procedure. Do you guys want to take these one at a time and vote on them or all at once or how do you want to do that? Rountree: Madam Mayor, take them all at once. Bird: Take them all at once. Let's go. De Weerd: Okay. Anderson: Okay. The first one is a request to amend our budget. We applied for a regional fire grant, along with Boise fire, for the purchase of vehicle radios. This will accommodate the new 700 megahertz radio system that is being installed in the Ada County dispatch and should be up and operational this fall. That change out to the 700 system requires that we purchase all new radios for all of our fire trucks, as well as hand-held radios. So, this grant is in the amount 55,250 dollars and it requires a 20 percent match from us, for a total of 11,050 dollars. The second one is, again, a Fire Act grant for additional equipment and this grant will purchase the hand-held radios that we need in our fire department, as well as some other equipment, some SCBA, self- contained breathing apparatus that the firefighters use, fire shelters, some fitness evaluation equipment, and that grant is for a total of 173,705 dollars and requires a 20 percent match, which would mean 34,741 dollars that we would have to come up with. The third budget amendment is a grant from the Idaho Fire Chiefs in the amount of 1,504 dollars and that grant was used to purchase audio-visual equipment for our fire safety center where we take young children in and teach them fire education. And the fourth grant is for some homeland security critical infrastructure protection and I would point out that this wasn't just the fire department, this was a grant that we received from homeland security and it went to purchase security gates at our waste treatment facility. Also some night vision binoculars and digital cameras for the police department, as well as it bought a safety security system that is installed in each of the fire trucks that holds the locks. The last budget amendment request is to increase our part-time Public Education Specialist, who now works part-time, to a full-time position starting in August. And as you guys are probably aware from the monthly reports that we provide to you, we started with this part-time position last May and it has been going gangbusters and have been involved in probably three or four times the amount of public education activities that the Fire Department was ever before and it's primarily due to this individual. And we now have more requests coming in for public education from the Fire Department than we have ever had. So, we would like to move this position to a full-time position and do that starting in August. So, this budget request would be just for the last two months of this fiscal year and would need a budget amendment of 5,738 dollars. So, I would stand for any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. 0 0 Meridian City Council April 25, 2006 Page 7 of 43 Bird: Mr. Anderson, what's the total on your budget amendment, so I don't have to add all these up in my head? Anderson: Oh, you're going to have to probably add them, because I don't have a calculator. I haven't added all those up. De Weerd: Good answer. Bird: Run me down the -- what's the first one? What's our cost on the first one? Anderson: Okay. The first one was for 11,050 dollars. Bird: Okay. And the second was 34,741? Anderson: Yeah. Bird: What's the third one? Anderson: 5,738. Bird: Okay. And what about the fourth one? Anderson: There is only three of them that require any matching money. The rest are -- Bird: That 5,738, chief, was for number five, then? Anderson: Right. Bird: Three and four had no cost to us; right? Anderson: That's correct. Bird: Okay. Thank you. Do you want to -- I'll make a motion. Unless there is something else. De Weerd: Okay. That's still a budget amendment, though. Bird: Okay. 51,529 dollars total. Madam Mayor? De Weerd: It would be to your advantage to make sure that's correct. Bird: We did it on a calc. De Weerd: Okay. Mr. Bird. 0 Meridian City Council April 25, 2006 Page 8 of 43 • Bird: Madam Mayor, I would move that we approve the four budget amendments -- or, actually, the five budget amendments as requested by Chief Anderson with the Fire Department. Rountree: Second. Bird: And the total -- excuse me. And the total of 51,529 dollars. De Weerd: Okay. Second agrees? Rountree: Second agrees. De Weerd: Okay. Any discussion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: The amount was for additional city funds. The budget amendment request will include funds -- the revenue in and the revenue out for items three and four, so if that's -- Bird: That's true. Wardle: -- an amendment to the motion. Bird: Yeah. That's -- so moved. De Weerd: Okay. Mr. Berg, is that clear enough? Berg: Madam Mayor, I think it's clear enough to include the -- even though the impact for the revenues was not one of those two items. De Weerd: Okay. Will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Police Department — Bill Musser 1. Discussion of Animal Control Ordinance: C� Meridian City Council April 25, 2006 Page 9 of 43 De Weerd: Thank you. whatever your report is. E Item B. If you can, please, be mindful of how you phrase Musser: Madam Mayor, Members of the Council, this evening we have before you for discussion a proposed change in the animal control ordinance. And, basically, what we are looking at in this proposal is for voluntary relinquishment of dogs and tying a fee to it. Prior in the animal control ordinance we did have this and for a minimal cost of five dollars somebody could turn a dog over to our animal control officer and ask for it to be disposed. That doesn't quite meet the necessary and reasonable costs that we have associated now with the dog. We also had that deleted out when we redid the vicious dog ordinance. And since, then, we have decided that we probably need to have it added back in, which is why we are bringing it forth now. The cost, if I remember correctly, would be approximately 27 dollars. Perhaps the city attorney could verify that for me. It's the -- the first day fee associated with an impound of a dog is what we would be looking at on that cost now for this disposal. Nary: Madam Mayor, Members of the Council, that's correct. What -- in their discussion with the police department, what the concern is that without having some voluntary means to do this, then, people would simply abandon their dogs or let them go, which is not a good outcome that we want, especially for vicious dogs. The fee was calculated based on what the normal cost would be for impoundment of a dog for the initial cost to the city for impoundment. I'm comfortable at this point to tie it to that number. We may in the future when we reconsider any fees for the police department, may want to look at that again and whether it needs to be separate, whether it's a separate expense to it. But right now that seems reasonable. If nothing else, it's probably a little low for that. We did add it in the proposed ordinance. The prior one just says basically any resident could drop off any dog that they wanted for five dollars and we would dispose of it. Now we require that they may have to provide some proof of ownership, so that they are not bringing their neighbor's dog, that they are bringing their dog. The police could certainly set up a practice on how that will be enforced, whether they want to use the licensing provision as a means to identify the ownership or something like that, but we felt that was probably the most appropriate way to do that or at least require that type of proof before destruction of someone's animal. De Weerd: Thank you, Mr. Nary. I should have warned you. Did you have anything further, chief? Musser: No, Madam Mayor. I'd stand for any questions, if there are any. De Weerd: Council, any questions? Bird: I have none. De Weerd: No? Okay. Wardle: Madam Mayor? 0 0 Meridian City Council April 25, 2006 Page 10 of 43 De Weerd: Mr. Wardle. Wardle: Mr. Nary, do we need to direct staff to bring the amendment back before Council? Nary: Yes, please. Wardle: With that, Madam Mayor, I would move that we direct staff to draft an ordinance relating the comments from the police department on the animal control ordinance. Borton: Second. De Weerd: Okay. Any discussion? Okay. Bird: Madam Mayor, I do have -- De Weerd: Yes, Mr. Bird. Bird: Within this ordinance we will have some fees, because from what I'm reading right now we don't have fees in this -- so is this the -- Nary: Madam Mayor, Members of the Council, the draft ordinance, I believe it ties it to the specific -- it ties it to the currently impoundment cost, so it doesn't have a fee listed in this ordinance that's related to the other existing fee that you already have. Bird: Thank you. De Weerd: Okay. Any other discussion? Okay. All those in favor of the motion, please, say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. 2. Traffic Safety Commission — Recommendation to reduce the speed limit on West Franklin Road between Linder Road and Ten Mile Road from 50 to 40 miles per hour: De Weerd: Okay. Chief, item two. Musser: Madam Mayor, Members of the Council, you should have a letter before you that was routed in from the chairman of the Traffic Safety Committee, who is Lieutenant John Overton. There has been a recommendation made to reduce the speed limit on West Franklin Road between Linder Road and Ten Mile Road from the current 50 miles per hour to 40 miles per hour and I believe also some consideration in there to also make all of Linder 40 miles per hour, if I remember correctly on it, because right now we Meridian City Council April 25, 2006 Page 11 of 43 have a section that's 40 to 35 and, then, out to 50. And we are looking to make this consistent all the way through town, so we don't have three different speed zones on Franklin Road at this point. I believe, Mayor, you should have that recommendation from the traffic safety commission and I know that Lieutenant Overton was looking to have that presented for a possible action by the Council on that, so we could move forward with notification to the Ada County Highway District on that request. I believe also that our city attorney Mr. Nary is a member of that traffic safety commission as well and he may have some additional insight on that request. De Weerd: Okay. Thank you, Mr. Chief. Questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I don't see, other than the motion, a lot of justification for the request. We spend millions of dollars to improve transportation facilities and, then, we hamstring people's ability use them or make it illegal for them to use them in the way they want to use them. So, I guess my position on this is without some inordinate safety conditions to the negative or engineering study that says people are driving these roads at 35 miles an hour, I drive that particular road every day and people drive it at 50 miles an hour when they can. They don't necessarily at 7:30 in the morning. Franklin Road at 35 miles an hour with a five lane facility is a waste of taxpayers money and at 40 miles an hour I believe it is, too. So, have some real strong opinions about people believing that posting something at a speed limit makes it safe and, then, makes it more usable, when, in fact, it makes it less efficient and you lose a significant investment in those facilities. De Weerd: Mr. Nary is on the committee and they have been discussing this for at least a half a year, if not longer. Mr. Nary, could you, perhaps, shed some light on some of the reasoning? Nary: Certainly, Madam Mayor. Madam Mayor, Members of the Council, that's correct, we have been discussing it on the traffic safety commission for about six months and as the chief stated, originally, the discussion was from the traffic officers of Meridian Police in wanting to have one consistent speed limit. If you recall, last year we made a recommendation from the Commission to this Council to make one consistent speed limit along Fairview from, essentially, Wal-Mart to Ten Mile, at, I believe, 35 miles per hour. Because of the build out that's along Fairview that that seemed appropriate from an enforcement standpoint. We had that discussion on Franklin. The discussion was that there is a 40 mile an hour speed limit that goes from, essentially, Touchmark to Meridian Road or just east of Meridian Road. It's, then, a mile from Meridian Road to Linder that's 35. And, then, it goes to 50 as you pass Linder going west. And it's just a two lane road west -- from west of Linder. In looking at trying to come up with one consistent speed, Councilmember Rountree is absolutely correct, the road isn't built that way. The five lane road that is Franklin Road between Touchmark and Meridian Road Meridian City Council April 25, 2006 Page 12 of 43 is built and speed rated and designed for at least the 40 mile per hour speed. Raising the speed limit five miles through one mile of the section to have consistent speed didn't make much sense either. In fact, the chief was strongly opposed to raising the speed limit, especially through town, again, based on the kind of development that exists in that particular stretch of the roadway. The problem that the traffic officers are seeing, though, is west of Linder and that's the reason for the recommendation, is only to change the speed limit west of Linder, between Linder and Ten Mile. It's a two lane road. There are two major industrial users on that road, SSC and the school district. So, you have buses and garbage trucks that pull in and out of that roadway daily, but hundreds of vehicle trips. The concern that the traffic officers are seeing constantly is that 50 mile per hour sign is 30 to 40 feet from the corner going westbound. So, what they see consistently is traffic accelerating as they enter that Linder intersection and getting up to 50 by the time they reach that sign and they are going 50 miles an hour down that two lane road as those buses and garbage trucks are trying to exit onto Franklin and that's creating the hazard that they are concerned with. So, that's the -- what the commission decided was -- is right now today based on traffic pattern, the roadway construction, the build out along Franklin, that it's not necessary to address the remainder of Franklin Road, that the roads are built for the speeds that are currently on it, but for this section west of Linder to Ten Mile it is not -- it is built as a rural country road. That's why the 50 mile an hour speed limit is on it. Yes, the development that's existing on it creates a more hazardous condition at the higher speed. So, that was the reason we only focused finally after a lengthy discussion over a number of months on that particular section and not the rest, so -- De Weerd: Thank you, Mr. Nary. Did that help answer your question, Mr. Rountree? Rountree: Madam Mayor, I knew that was the answer. De Weerd: Oh. Rountree: I don't know that it's a satisfactory one from my perspective. De Weerd: Thank you. Mr. Bird, did you have a question? Bird: No. It got answered. De Weerd: Okay. Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I guess, chief, I don't recall what the speed limit to the east -- Linder to the east. As you're coming into the -- 50? Is it 35? • Meridian City Council April 25, 2006 Page 13 of 43 Musser: Well, Councilman Borton, there is a one mile stretch in there that starts -- actually, just right in between Main Street and Meridian. It's posted at 35 with additional posting at 35 all through that mile section from Meridian down to Linder. That was the first stretch of improved roadway that was done up a number of years ago and it remained at 35. And, then, because the city hadn't extended fully out, it did jump up to 50 once we got on the west side of Linder and moved towards Ten Mile. We since, then, have had some additional build there and that's why -- and, then, with all the new roadway improvements that came in within the last couple of years on Franklin, that speed limit was set at 40 at that time for the five lane roadway, which extends from Touchmark, which is just to the east of Eagle Road, and all the way through to Main Street. Borton: Okay. De Weerd: Thank you. Any further questions? Do I have a recommendation for the chief? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: You know, I understand the concerns of slowing traffic and the problems that creates, but those two particular users are a real concern of mine as well and the accidents will continue. I think -- I think the risk to the users of that roadway, the school district and Sanitary Services, just those two, let alone what else is coming along, all things considered the reduction and recommendation to 40 miles an hour makes sense to me. De Weerd: Okay. Any other discussion? Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: My only real regret is that I can't impose a minimum speed limit on Franklin Road between those areas, but I don't live on that end of town anymore. However, will still continue to lobby the highway district to place improvements. I can see the rationale. I can say that our traffic safety commission has a pretty good record of making recommendations that increase the safety in our community, so I will move that we accept the traffic safety recommendation to reduce the speed limit on West Franklin Road between Linder and Ten Mile from 50 to 40 miles an hour. Borton: Second. De Weerd: Okay. We have a motion to approve the recommendation reducing the miles or the speed limit from 50 to 40. Any discussion? 0 Meridian City Council April 25, 2006 Page 14 of 43 Borton: One question. Is there a history of this being done and the likelihood of success in response to a request like this? Is it just ceremonial or just -- De Weerd: It would be a recommendation to Ada County Highway District. Mr. Nary. Nary: Madam Mayor, Members of the Council, yeah, it was being requested as a recommendation to the highway district. The highway district has the authority to set the speed limit. It has a very strong message to them when the City Council and the Mayor make a recommendation to alter the speed. So, I think the chief would probably be a better one to answer, but I know at least in recent memory when the recommendation comes from the city, they do strongly consider it. They do their own independent analysis, but they will strongly consider that in making that type of change. De Weerd: Chief, do you have anything to add? Musser: Madam Mayor, Members of the Council, as Mr. Nary pointed out, that you do have that ability on it. There still is a statutory provision which allows the cities to be able to reduce 35 and 25. This is just above that. But my understanding in having worked with the highway district in the past is they take your recommendation as a governing body very strongly for imposing those speed limits on there. De Weerd: Okay. Any further discussion? Okay. Mr. Berg. Roll -Call: Bird, nay; Rountree, nay; Wardle, yea; Borton, yea. Berg: There is a tie, Madam Mayor. De Weerd: I would vote aye. Berg: Motion carries: MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. Thank you, Mr. Berg. There were no items removed from the Consent Agenda. Item 8: FP 06-017 Request for Final Plat approval of 100 residential building lots and 10 common lots on 18.86 acres in a R-8 zone for Ambercreek Subdivision No. 1 by Dyver Development, LLC — west of North Meridian Road and south of West McMillan Road: De Weerd: So, Item 8 is FP 06-017. We do have a letter in front of you that states they agree with all of the staff comments. Do you have anything to add, Anna? 0 Meridian City Council April 25, 2006 Page 15 of 43 Canning: No, ma'am. De Weerd: Okay. Council? Bird: I have none. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing the applicant in agreement and no further comments, I move that we approve Item 8, FP 06-017. Borton: Second. De Weerd: Okay. Motion to approve Item No. 8. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 19: Pubic Hearing: VAC 06-005 Request for a Vacation of a public utilities, drainage and irrigation easement between Lots 4 and 5, Block 2 for Gemtone Center Subdivision No. 2 by Petra Contractor — 1055 and 1097 North Rosario Street: De Weerd: Thank you. Okay. Council has moved Item 19 to this spot. Item 19 is a Public Hearing on VAC 06-005. 1 will open this Public Hearing, Item 19, with staff comments. Canning: Madam Mayor, Members of the Council, this is a request to vacate the easement between Lots 4 and 5 of Gemtone Center Subdivision No. 2. We do have all the relinquishments in place. They are requesting to vacate the public utilities, drainage, and irrigation easement between those lots, so that they can build one structure over it. Staff is recommending approval. And to our knowledge there are no outstanding issues. You do not have Findings before you tonight. We can prepare those and bring those back. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Tealey: Pat Tealey. 2501 Bogus Basin Road, Boise, Idaho. De Weerd: Do you always have a shadow? • Meridian City Council April 25, 2006 Page 16 of 43 Rountree: Just at 5:00 o'clock. Tealey: I didn't know he was there. I'm here to represent the owner of the two lots, Lots 4 and 5 of the Gemtone Center No. 2. Petra Incorporated, who is going to build their -- their building on the two lots, the building is situated across the lot line there, so that it necessitated getting rid of the utilities easement. We had a public meeting on April 3rd. One person showed up. He just happened to be walking by the site and asked us what we were doing. There hasn't been too much interest in the thing. As staff said, we have gotten all our replies back, except from the City of Meridian, but I assume by your actions tonight you will be -- that will be your response. And so we are just seeking vacation of that -- that easement. I'll stand for any questions. De Weerd: Council? Tealey: Thank you for moving us up from the end of the agenda. De Weerd: You bet. Any questions, Council? Rountree: I have none. De Weerd: Okay. Thank you. Tealey: Thank you. De Weerd: Is there any further testimony? Anyone else in the audience want to provide testimony on this item? Okay. Seeing none -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we close the Public Hearing on Item No. 19. Bird: Second. De Weerd: Okay. Motion to close the Public Hearing. All those in favor say eye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the vacation request VAC 06-005. :7 Meridian City Council April 25, 2006 Page 17 of 43 Bird: Second. Rountree: And have staff prepare Findings. Bird: Second. L] De Weerd: Okay. There is a motion to approve Item 19. Or whatever. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And on these all we prepare is a resolution -- Rountree: Or a resolution. Nary: -- with all of this and, then, you will have that on your agenda next week. De Weerd: Okay. Does second agree? Bird: Yes. De Weerd: Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: Continued Public Hearing from March 21, 2006: 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: Item 10: Continued Public Hearing from March 21, 2006: 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: Item 11: Continued Public Hearing from March 21, 2006: CUP 05-047 Request for a 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 by Centennial Development, LLC — northwest corner of North Ten Mile Road and West Pine Avenue: 0 • Meridian City Council April 25, 2006 Page 18 of 43 De Weerd: Okay. Item 9 is a continued Public Hearing on AZ 05-051. Item 10 is PP 05-052. Item 11 is CUP 05-047. 1 will open these three public hearings, Items 9 through 11, with staff comments. Canning: Madam Mayor, Members of the Council, as was noted, this is a continued Public Hearing to allow the applicant time to respond to some concerns Council had. Those specifically were to provide specific information and designs regarding the access to the north to the school site across the canal. And to respond to the issue regarding the fencing on the western boundary. The applicant -- I spoke with the applicant earlier today. They don't have written proof on the access, what form that will take, and I will let him testify to that one. But I wanted to point out that on my notes I do have two additional conditions of approval for the Council and Mayor to consider regarding this issue and they are titled 1.3.11 and that would be the applicant shall install blank, because we don't know what kind of fencing yet, along the western boundary. Hopefully, they can fill us in on that. And 1.3.12. The applicant shall provide access from the subject property to the school site to the north. The applicant should provide a letter from the Nampa -Meridian Irrigation District approving such access. With that I will answer any questions you may have. De Weerd: Okay. Council, any questions? Bird: I have none at this time. De Weerd: Okay. Is the applicant here? Nickel: Good evening, Madam Mayor and Council. Shawn Nickel. 839 East Winding Creek Drive in Eagle. De Weerd: Thank you. Nickel: I have been working with Bill Henson with the Nampa -Meridian Irrigation District. Personally he would not give me a letter at this point. What we are working on is providing a -- probably a culvert type of crossing at that north boundary to access the school. Mr. Henson wanted to make sure that that was a fenced in crossing to keep any kids out of the ditch. It was my idea to get with staff and place that as a condition of approval, because we are confident that we are going to get that approval from the Nampa Irrigation District. We need to go through their land use application process, which we typically do at the development -- or the design phase of the development. So, I had agreed to put that as a condition of approval. And, then, secondly, the fencing along the western boundary, after our last meeting when I did meet with the neighbors outside and we agreed to a six foot high solid cedar fence along the west boundary and we would just continue to work with the neighbors on coordination of that fencing. That's all I have. De Weerd: Okay. Any questions for the applicant? i Meridian City Council April 25, 2006 Page 19 of 43 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Do you know yet in your discussions with Nampa -Meridian where the access across the drainage would be? Nickel: We were looking at -- right in this area right in here. And that would apply -- if you can remember our design, we had the pathway system that goes out here and now it provides access across to the school grounds. De Weerd: Okay. Any other questions? Rountree: I have none. De Weerd: Okay. Thank you. Nickel: Thank you. De Weerd: Is there any testimony regarding this specific item for this application? Okay. Seeing none, Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Having had those specific questions answered and seeing no further public testimony, I move that we close the Public Hearing Items 9, 10, and 11. Bird: Second. De Weerd: Okay. Motion to close. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion, Council? Wardle: Madam Mayor, clarification from staff. Anna, those two additional issues, are they in the CUP or annexation? Canning: I believe we added them in the Conditional Use Permit. Wardle: Okay. Canning: It was 1.3.11. And I believe that's the Conditional Use Permit. • Meridian City Council April 25, 2006 Page 20 of 43 Wardle: Okay. Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 9, AZ 05-051, annexation and zoning for Ellensburg Subdivision. Borton: Second. De Weerd: Okay. There is a motion to approve. Any discussion? If there is no discussion, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 10. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 10, PP 05-052, preliminary plat for Ellensburg Subdivision. Borton: Second. De Weerd: Okay. Motion to approve Item 10. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Mr. Wardle. Wardle: Madam Mayor, I move we approve Item 11, CUP 05-047, with the amended Finding 1.3.11, the applicant shall install six foot solid cedar fencing along the western boundary and Item 1.3.12, the applicant shall provide access from the subject property to the school site to the north. Applicant shall provide a letter from Nampa -Meridian Irrigation approving such access. Borton: Second. And discussion -- De Weerd: Mr. Borton. • Meridian City Council April 25, 2006 Page 21 of 43 Borton: -- for the motion maker. I think the specific condition of that access, including the side yard, side rails, or whatnot -- perhaps that's a given, but on the access across to the school site. I don't know if that would be a given, but I want to make sure that that's known that those side rails for the kids is a definite condition of approval. Wardle: The maker of the motion would certainly agree to incorporate the applicant's testimony on type of access across the drainage facility. Borton: Second agrees. De Weerd: Okay. Any further discussion? Bird: I have none. Rountree: Have none. De Weerd: Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from April 4, 2006: 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: Item 13: Continued Public Hearing from April 4, 2006: 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: Item 14: Continued Public Hearing from April 4, 2006: 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: De Weerd: Thank you, Mr. Berg. Okay. Item 12 is a continued Public Hearing from April 4th on AZ 05-064 for Bear Creek West. Item 13 is PP 05-064. And Item 14 VAR 05-026. These were continued. We will open these and begin with staff comments. Canning: Madam Mayor, Members of the Council, this was continued again to allow the applicant to respond to Council's concerns, specifically -- not wanting to move. There we go. Specifically, the Council wanted to have some concerns addressed up here in 0 Meridian City Council April 25, 2006 Page 22 of 43 • the northeast corner of the property with regard to the property owner here. And also on the very southern boundary of the property, to have a minimum 17,000 square foot lots all throughout this -- that southern boundary. The applicant did get a revised copy to staff in time for them to review it and what they have done is they met the concerns in the northeast corner of the property by reducing one of those lots and, basically, kind of just wiggled everything around. They did make them larger in that area and I think they are a little smaller on the interior, but not by much. And, then, on the southern boundary they do have 17,000 square foot lots the entire distance here. They -- some of these interior areas got a little bit smaller as you move away from those. Staff has one concern with Lots 113 and 114. They are right down in this corner. I should have gotten a blowup. I apologize for that. But they have included the Ridenbaugh easement within those lots to make that 17,000 square foot. Staff would prefer that -- and almost would ask that you insist that that be in a common lot, so that they are not in folks' backyards. Basically, the canal is folks' backyards for those -- just those two lots. I think the point is still valid that there is a lot of space there between the properties down to the south, that even though those lots, once you take the Ridenbaugh Canal out of them, won't be 17,000 square feet. So, Council will need to decide whether that still meets the intent of what you asked. They still are quite large lots. And I can get a blowup of that for you while Mrs. McKay is presenting. And with that I will end my presentation and ask if you have any questions. De Weerd: Any questions for -- Bird: I have none, Mayor. Rountree: I have none. Thank you. De Weerd: Okay. Becky. McKay: Madam Mayor, Members of the Council -- De Weerd: Please state your name and address. McKay: Becky McKay. Engineering Solutions, 150 East Aikens, Suite B, Eagle. De Weerd: Thank you. McKay: As Anna indicated, we are asked to look at two different areas specifically from the Council, bringing the lots along the southern boundary up to 17,000 square foot minimum and above, to provide a better transitioning between the existing acre lots that adjoin us on the south side of the Ridenbaugh Canal. We did so. We eliminated one lot along that southern boundary and did some shifting and made those lots all 17,000 square feet. I have discussed with Anna the concerns she had on the two lots that are located -- located here. Lot 112 and 113. This is where the Ridenbaugh is kind of arching into the -- next to the subject property. The actual waterway you can see is right here from edge of water to edge of water. What you see here is the top of bank • Meridian City Council April 25, 2006 Page 23 of 43 and the ditch rider access road located here. I believe what Anna's concern was that we have -- we are going to add some type of a common lot here to make sure that the slope off of the ditch rider's road and access for Nampa -Meridian is not compromised. The only way that I could do that would be, obviously, to shift further to the north around this direction and compensate for what I lose here. Obviously, I'm leaving it up to the Council what they would like. I could also move West Foggers Drive north. This is a common lot, kind of like a little pocket park, and push that street north to increase those lot sizes. As far as the north is concerned, the Council made it quite clear that they were not happy with the fact that we had gone from originally five lots backing up to the Johnson property and increased that to six, when we eliminated a lot -- the third lot that backed up to the Christian Family Matters lot. So, we did go up in this area, I eliminated a lot, I didn't just shift around, and those lots next to the Johnsons returned back to five lots that would adjoin them and those square footages range from 14,740 square feet, 12.5, 11.6, 12.1, and 13.4. What they were on the previous plat that we presented before the Council was roughly around 10,000, 11, and 12,000 square feet. So, we bumped those up considerably. I did meet with Mr. and Mrs. Johnson out at the site last week. We walked that boundary, talked about the ditches, the berming, the fencing. They did send a letter into the staff for the record on a couple different items that they wanted made part of the record. I had indicated to the Johnsons that I had done the best I can with what I had to work with. We are just trying to accommodate, you know, everyone. The difference between the Johnson's property and the properties to the south is they have ten acres. So, the chance of redevelopment in the future is far greater than redevelopment of acre lots with existing larger estate type homes. Secondly, their home is located on the southern part of their property, but they do have very large juniper type shrubs, tree -like structures. I don't know what variety, I'm not privy to what those are called, but they are large, considerably -- twice as tall as I am, which is large to me, so -- I couldn't see over them. So, they do have some type of a vegetative buffer that's existing. Mr. Johnson indicated the previous owner had planted those. And I feel that we have done, you know, the best that we can. We have got a good project with low density. I think we are aware the Council had asked us to be -- and I would hope that we -- the Council would approve this this evening. Do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Becky, 112 and 113, if you was to make a common lot, do you have any idea what that would reduce -- you know, we are just talking about two lots there -- what they would reduce in size? I believe, if I remember right, one is 18,000 something and the other is 17,000. Would it get it down in the range of 12 to 14 thousand if you just had a common lot? Or maybe Anna can -- Canning: Mrs. McKay, I think I can help you there. McKay: I have got one that shows that, Councilman Bird. 0 Meridian City Council April 25, 2006 Page 24 of 43 Canning: The lot lines hadn't changed much from the last one, those two lots, I believe, Becky, and those were 12,657 and 13,821. Bird: This Councilman could live with that, as long as the others stayed like they were on that. And, then, get a common lot there. Because I'm like Anna, I don't want to see the Ridenbaugh Canal part of somebody's backyard. McKay: Yes, sir. De Weerd: Okay. Any other questions? Okay. Thank you. Okay. I do have several people that signed up and with a neutral stance. Betty Brown. Would you like to provide testimony? Brown: I'm Betty Brown. I live at 1400 Eggers Place. I have been there for about 12 years. I am above the seasonal water frontage of the Ridenbaugh Canal on a one acre lot. At this point in time I have a fantastic view, which is going to go away. My concerns are the traffic and the time frame. I had hoped that it would not -- this subdivision would not be started until Overland and Linder were widened, because of the horrendous traffic there with 320 houses. And at the neighborhood meeting we were told that dirt would not be turned until the sewer coming from Black Cat and Ustick under the freeway was on site. At the last City Council meeting we were told that it could be started this fall. My question is that sewer line going to be there. Then, I had -- number two, my question is the height of the houses next to the canal. Are they going to single story houses as the developer is putting behind the church or we are above the canal, we will be looking into the windows of these houses. Number three -- and I would certainly like to preserve my view. Number three, fencing. I don't understand where the edge of the development is. Will the fence be on top of the canal bank or is it at the base of the canal bank? Those were my concerns. Thank you. De Weerd: Thank you. Jeanette Johnson signed up as neutral. Johnson: My name is Jeanette Johnson. I live at 1335 West Overland Road. De Weerd: Thank you. Johnson: Last Council meeting -- well, I appreciate being listened to, our concerns being heard, and last Council meeting when this was discussed, we asked for appropriate transition between this subdivision and our property. That need was heard. We have lived on our property for 17 years. We have ten acres. We plan on living there for a long time yet. We don't have any intention of developing that property. We sent a letter following up after that meeting expressing our concerns. What we understood at that meeting was that Becky McKay was to work with us as property owners to work something out to make an appropriate transition. When the first plat was presented there were five houses bordering our property. It was changed to accommodate the church property and six houses were bordering our property later as • Meridian City Council April 25, 2006 Page 25 of 43 • the plat proposed came out. So, what has happened is they have gone back to five lots bordering our property. We feel that it was inadequate to begin with. It was not a transition that was appropriate from a ten acre home to a subdivision and we would request that you look at that. There is no canal and no walkway bordering our property and we are just requesting the same consideration that was given to the properties on the south. We have a larger acreage. Our home is located on the south of that property. We have a shop and our home and our backyard right there very close to that property and so we ask that that same consideration of fewer lots, larger lots, be put in place for the transition to our property. That single story homes be required on those lots. And that a berm of three feet with six-foot fence be located there. We are not opposed to change, we know that it's coming, but we want the transition to be appropriate. And, again, thank you, we appreciate your listening to our concerns. De Weerd: Thank you. Okay. Don Webber. Okay. He signed up as neutral. Is there anyone else who would like to provide testimony on this application? Okay. Council, do you have any questions for staff? Becky, do you have conclusion remarks? Canning: Madam Mayor, Members of the Council, the plat date with whatever action you're taking tonight should reference April 18th, 2006. De Weerd: Okay. And, Len, I know there was a question on the timing of the sewer. Could you give some information on that? Grady: Madam Mayor, Members of the Council, our goal is to get under the highway at the end of this year with that Black Cat Trunk. Given easement issues, I would allow, you know, anywhere from three to six months grace period. We are still shooting for the end of this year. De Weerd: But that wouldn't get it to your property; correct? It would just get it under I- 84? Grady: No. I believe -- I believe Jim Jewett is just to the -- just to the west of their property and they are falling right in line. De Weerd: So, they will bring it to them? Grady: Yeah. De Weerd: Okay. Becky. McKay: Madam Mayor, if I just address Mrs. Brown's comments. Concerning the sewer, we did discuss that in length at the neighborhood meeting. I indicated to them that, obviously, the timing of the sewer coming -- boring under 1-84 was contingent on acquisition of easements and the city's time line that this project, as far as the development time line for us, would depend upon the city's time line. We have received some inverts from your Public Works Department as far as where they believe the depth • Meridian City Council April 25, 2006 Page 26 of 43 of that sewer will be once it crosses the freeway. It's my understanding that their design appears to be solidified and they are just working through easements and getting all their ducks in line and preparing for some type of construction. Fencing along the canal, we typically put our fencing along the edge of the easement that would be the north perimeter of Nampa -Meridian's easement, unless they allow us for encroachment through a license agreement. Typically, on the larger facilities they do not, but we work with them closely to -- and they dictate where the fencing will go. Our property is lower than the one acre lots that are south of us. They are, obviously, on the high point of that rim and, then, it starts dropping in a northward direction away from their lots. So, we are seeing, you know, considerable amount of fall as we go northward. I feel that that's an optimum situation from a view perspective and we don't see that very often. I don't believe that what we have here necessitates a single story. We have substantial separation from those properties. I made great effort to make sure those lots were 160 feet in depth. I have a few that are, I think, 145 or something like that, but most of them are 160 and up, to give us even greater separation, and we have got the 50 foot of the Ridenbaugh and then, their lots are separated, because they are up towards the roadway within their subdivision, so we got good separation. Mrs. Johnson on the transitioning from the original plan that we submitted with just the five lots that adjoin them, I have increased the lot sizes even beyond what we originally showed with five lots. Originally we had around 11,200 square feet and 11.3 and 10.8 and 11.5. And now we are up in the 14.7, the 12.1, and 13.4 and 11.6 range. So, I did go through and compare what they originally had to make sure that these lots were even larger to give a little bit better transition. The berm and the fence we have agreed to -- to do a berm in the back and a fence. They -- Mr. Johnson gave us some brochures on suggestions of what type of fencing he'd like to see on -- on that perimeter. I have walked it and talked about irrigation with him, assured him that we will cooperate with both Mr. Johnson and the church prior to piping and berming and fencing, staking that perimeter, getting a good idea of what's the best location for the berm and the fence, making sure that they are happy with what we are doing. I think we have taken great effort to make sure that this will have the least impact on them as possible and adopted many provisions in our covenants to protect the church and I have worked closely with Mr. Webber and they have been real good to work with and I appreciate their cooperation. Thank you. De Weerd: Okay. Council, any questions? Bird: Becky, on Mrs. Johnson's property, she said the back of their shop and backyard and everything -- is it on the east south -- or southeast corner of their ten acres? McKay: Yes. Yes, sir. Bird: And, then, pasture the rest of the way? Or whatever. McKay: Madam Mayor, Councilman Bird, this is pasture here, this five acres on the west. They have got some accessory structures in here. A shop and I think like a little - - there is a dog kennel and I think there was another little accessory building and, then, their home is located here. And the vegetation I was talking about, the large juniper • Meridian City Council April 25, 2006 Page 27 of 43 type bushes, are along their perimeter here. They have pasture in -- I think the front of their lot also, going northward towards Overland. Bird: So, basically, Lot 23 and 24 are the ones that back up to where they live. McKay: Yes, sir. Bird: And one of them is 11.6 and one's 14,740? McKay: Yes, sir. Bird: And you have got two lots on that five -- I take it that's probably about a five acre piece there? McKay: Yes, sir. Bird: The same as the church? McKay: Yes, sir. Bird: And you have got two lots at the church and you got two lots there. McKay: Yes, sir. Bird: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Becky, the school site on the northeast, that's not scheduled -- do you know when that's scheduled to be constructed? McKay: Mr. Bigham of Meridian School District indicated to me that that was at least five years out. The site has been acquired, it is owned by Meridian School District, but he anticipated probably five years, maybe seven. It all depends on, obviously, enrollment and growth south of 1-84. Borton: So, it's not part of the prior bond and -- Bird: No. McKay: No, sir. Borton: Okay. • Meridian City Council April 25, 2006 Page 28 of 43 De Weerd: Okay. Any other questions, Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. C� Bird: Is everybody done with public testimony and public information or anything? If so, I would move that we close the public hearings on Items 12, 13, and 14. Rountree: Second. De Weerd: Okay. Motion to close the public hearings. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Staff, any additional comments? Canning: No, ma'am. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Rather than sitting here all night, I'll make a motion that we approve AZ 05-064, the request for annexation and zoning and to include staff, applicant, and public testimony on the 116.81 acres from RUT to R-8 for Bear Creek. I'll do the other stuff on the preliminary plat. Thank you. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 12. Is there discussion? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Meridian City Council April 25, 2006 Page 29 of 43 Borton: I have got, for what it's worth, from my perspective, concerns with this particular project. The project itself is well done. I have just got some concerns with various aspects of the infrastructure it's able to support at this point. Mr. Rountree's quote of not being in a rush to annex and develop fits me here. I have got some concerns with the transition. I think Mrs. McKay did an excellent job on the south in trying to correct those, but I have got concerns on -- from items such as sewer and schooling and roadways and whatnot that aren't ready for this type development at this point. And it causes me concern and not to be in a rush to have this go forward. De Weerd: Okay. Any other discussion? Anna, on Overland from Meridian -Kung Highway to Linder, is that in 2008, those improvements? Canning: Madam Mayor, I apologize, but I do not keep those kind of numbers in my head. I'm sorry. I'd have to rely on a piece of paper and I don't have it. De Weerd: Council, if you would like to have a date on that, I would need to open the Public Hearing to accept that date. Canning: Madam Mayor, I have received sudden enlightenment on your question. Apparently, it will be constructed in 2007. De Weerd: 2007. Okay. I couldn't remember for sure. And that's about the time you will be getting sewer out there as well; is that what I understood? Grady: Best guess is right around the first part of 2007. That's correct. De Weerd: Okay. Grady: In general, we are trying to expedite that sewer to pick up -- pick off a couple of bottlenecks, but 2007 is our goal, so -- De Weerd: Thank you, Len. Okay. Anything further from Council? Okay. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Item 13. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve PP 05-064 and that's Lots 112 and 113 to the south, the two at the south end, and those be made into a common lot and for the • Meridian City Council April 25, 2006 Page 30 of 43 developer to get as much square foot as they can in there, but also to make sure the common lot covers everything of the canal. And is there anything else we have missed? With that I'd just approve the preliminary plat as -- oh, and date -- the date is 4/18/06 on the preliminary plat. De Weerd: Thank you. Do I have a second? Rountree: Second. De Weerd: Okay. I have a second. Anna, was that enough detail on Lots 112 and 113? Canning: Yes, ma'am. De Weerd: Okay. Any discussion, Council? Rountree: I have none. De Weerd: Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Item 14. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAR 05-026 and to include staff, applicant, and public comment. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 14. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Item 15: Continued Public Hearing from April 11, 2006: 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: Meridian City Council April 25, 2006 Page 31 of 43 Item 16: Continued Public Hearing from April 11, 2006: 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 corner of Ten Mile Road and Chinden Boulevard: De Weerd: Okay. Items 15 and 16 were continued from April 11th, AZ 05-038 and PP 05-037. 1 will start these two items with staff comments. Rountree: I'm going to recuse myself, Madam Mayor. De Weerd: Yes, Mr. Rountree. Canning: Madam Mayor, Members of the Council, although this was continued, you have not had a staff presentation or any public testimony on this round of Irvine Subdivision. De Weerd: Oh, yeah. Sorry. I knew I had seen it before. Canning: The property is located at the southeast corner of Chinden and Ten Mile. This is the old one. This is just what shows up when we go to make our vicinity maps for some of the older ones, so I apologize for that, but it's how the system works right now. But this -- just wanted to show you that there are a number of planned projects nearby that may not be fully built yet, but there are quite a few, they are subleased to the south and across the street there is Bainbridge and, then, Volterra down in this section. Here we have Heroes Park. So, other than the property immediately to the east of this one, this pretty much completes this section of the city. The applications before you tonight are annexation and zoning and preliminary plat. The gross residential density of the project is 4.55 units per acre. It includes 175 single family residences and 38.5 acres in an R-8 zone. I'll go back and give you a brief history for those of who may not have been here or who have forgotten. The Meridian City Council heard this item on November 15th, 2005, and at that Public Hearing they moved to recommend denial and, then, on January 3rd, 2006, the Council remanded the -- or Irvine Subdivision back to the Planning Commission to revise it. At that point the applicant also agreed to have the application process done through the UDC, rather than under Title 11 and Title 12 of the Meridian Code. So, it has been to you and, then, been remanded back to Planning and Zoning and now is coming back before you. And, then, we don't have elevations they are all single family products at this time and the previous version there had been some townhouse projects -- product, but those are no longer applicable. The Commission has recommended approval at their March 2nd hearing. Kevin Amar spoke in favor of the application. There was no one speaking in opposition, but Jerry Stevenson had some concerns -- commenting concerns. The key issues of discussion by the Commission were the ITD required right of way, at the north boundary of the property along Chinden, and you have a letter from Sue Sullivan in your Meridian City Council April 25, 2006 Page 32 of 43 -- in front of you tonight. It was faxed over late this evening, so it was not in your packet, but you do have comments there. De Weerd: Anna, did the developer get a copy of this? Canning: The lot size is consistent with the Comprehensive Plan designation, was another topic of discussion. The Mike Meyers property. The open space requirements. And, then, acceptance of the CUP withdrawal. As I mentioned before, the Title 11 and Title 12, they had submitted this as a planned development. Once they agreed to go with the Unified Development Code, the application was no longer necessary, so the Commission accepted that withdrawal, unless it's before you tonight. Now I have to look. No. So, the -- with regard to the outstanding issues, you have, again, as I mentioned, a letter from Sue Sullivan and also from another -- a new letter from Jerry Stevenson and as noted in the Findings in the staff report before you tonight, there was an outstanding issue that the Council may want to consider having the applicant redraw this subdivision to meet the ITD requirement. ITD is asking for a hundred feet of right of way. The applicant is showing between 90 and 70, 1 believe, at Chinden. And, then, with regard to the open space, staff has worked out the details necessary to that. They just have to make a small shift in the location of a sidewalk and they can meet their open space requirements. So, staff is not worried about requiring a redraw of that. So, we have addressed the open space issue. The ITD right of way issue is an outstanding issue and that any issues that Mr. Stevenson may bring up tonight, if he's here. With that I will answer any questions you may have. You do have Findings for Approval in your packet. De Weerd: Okay. Council, any questions? Bird: Not at this time, Mayor. De Weerd: Okay. Amar: Good evening, Council. My name is Kevin Amar. Address is 2463 South Titanium in Meridian. We are before you again on Irvine and I -- there are no outstanding issues. I'll start that out and I'll address the right of way in a moment and also address the reason that there is no redesign before you. As you have before you this evening -- and I handed out a packet that shows a copy of the landscape, the marketing plan, but it also shows a variety of home styles and, then, at the back of the packet has the berm and this was taken on Chinden in front of Hobble Creek and this will be typical of what will be constructed along 20-26. This particular one from Hobble Creek exceeds ten feet, which is your requirement, and it also has a cinder block style fence. It's not actually a cinder block, it's a pre -fabricated concrete, and under your new code there has to be something other than vinyl at that location and we will meet those conditions. So, as we look at Irvine Subdivision, the project that we had before you previous was a PUD and I know that's a bad word in Meridian and it was, actually, submitted prior to the adoption of the UDC. So, it was submitted under Title 11 and Title 12. So, this project has been a long time coming and a long approval process, but Meridian City Council April 25, 2006 Page 33 of 43 we have before this evening what was directed at us to come back with a different product type, more of the standard project, larger lots. The other project had some alley -loaded lots, it had condominiums, I think somebody called them MEWs, which I still don't know what that means, but with that there was some discomfort on the Council with the lot sizes based on those lot styles. We have come back with you. There is 175 lots now, which is a significant reduction from what we had before. We still are maintaining a pool. We are still maintaining an open space and we are maintaining a couple of pathways to the larger Heroes Park. In fact, Anna, if you can go back to the overview and I will describe the pathways that can get to the Heroes Park, so this provides not only compatibility with the existing projects that have been approved, but also a good continuous network to get to Heroes Park. This location is Heroes Park. There is an existing pedestrian access through Silverleaf to Heroes Park in two locations, about this location and, then, also on the east boundary of Irvine Subdivision. And what we have provided in Irvine is a pathway over to Silverleaf and, then, also one down through this portion of Silverleaf. So, there are two locations for easy access, easy pedestrian access, down to Heroes Park and, then, also as I stated, common area within the subdivision itself, which will include a pool and it will include a tot lot and it will have ample recreation opportunities within the subdivision. The project itself will be completely fenced and in meeting with both neighbors that we have, Mr. Stevenson and also Mr. Meyers, their concern was fence and fence type. The fence type on the east and the west boundary will be vinyl. The fence type on the southern boundary is existing, it's an existing cedar fence, and the fence type on the northern boundary will meet your UDC code. I don't know the exact type of fence. There is a variety of options you can use. I believe Trex and there is a number of options. But it will meet the decibel reduction for vehicle noise along Chinden, as well as the berming. The right of way on -- along Chinden -- and this is -- this is where we get to, really, one of the key issues of this plat and in working with ITD, a long discussion with them on what they need. We met with Sue Sullivan last week, talked about the right of way and what she actually needed, and she provided -- and I believe you have the handout. She provided today a handout that shows future right of way. It's a smaller version of this copy. Did they get that handout? So -- oops. Except for it's not upside down. A smaller version of this copy -- the right of way on this copy provides for six lanes and, then, there is alternatives for roadside options, which those alternatives range from 88 feet of total right of way needed to 98 feet of total right of way needed. We have committed to work with ITD and provide right of way of up to 100, if that's -- if that's what they decide. It sounds like their consultant is still in the process of determining what will actually be needed in that area. So, we will coordinate with ITD. But as we got that letter just today, we did not revise our plat to reflect that. We have looked at our plat, we can, with minor modifications, meet this right of way and there will be no complications whatsoever. We have worked with Mr. Meyers. He has one question on the road stub, which is located at this point. He still has ideas of what he is doing with his property or in the future will do with his property. He has requested the opportunity to possibly relocate that stub further to the south. We have indicated that we will certainly do that when he finalizes some of his plans and we will work with him through the design phase of the project. He is also involved in the irrigation district, so we have the opportunity to meet with him quite often and we will workout any of his concerns that he has. So, that • Meridian City Council April 25, 2006 Page 34 of 43 • stub may, actually, move to the south just slightly, based on his existing house, which is on his property up closer to Chinden. We have maintained the stub street to Mr. Stevenson's property. We will be providing all utilities, meaning sewer, water, joint utilities, such as power, cable, phone, to his property line, so in the future should he wish to redevelop he will have the ability to do so, without having an additional access onto Ten Mile and providing -- providing all the necessary utilities at this location for him to redevelop. He has questions about fencing. As I stated, this fence will all be a vinyl fence. It's actually, a sandstone color vinyl fence, so we will be able to meet that. He's also requested we berm this portion of his property up just slightly, so he doesn't have to worry about the drainage infiltrating from the neighboring property onto his property and creating a problem for him and so we will have to incorporate some of those items as we do construction. So, we can accommodate him and, as I stated, we have provided examples of what the housing styles might look like with this project and with that I would ask for your approval this evening. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kevin, a couple of questions. What do your lot sizes range from? Amar: Our lot sizes range from 5,000 square feet to, I believe, it's up to -- I think we have some large ones, but 8,000 would be -- there is some larger ones, but I don't know that it's fair to count them. Bird: What is your normal width of your frontage? Amar: Normal? The minimum is 50 feet. Bird: The minimum is 50? Amar: And, then, they go up from there. We have some -- we have a variety of minimum -- or widths in here, which will provide us the ability to do a variety of home sizes, all the way up to, I believe -- Bird: Four foot setbacks? Amar: On the sides. Correct. Bird: On the sides. Amar: The current UDC. And we are not asking for any variances or waivers. Bird: Thank you. Meridian City Council April 25, 2006 Page 35 of 43 De Weerd: Okay. Any -- Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Kevin, talk to me a little bit about open space. There is some comments about what the percentage actually is there and what is designed. Amar: The -- and this is under your new UDC, the criteria for open space, and we didn't realize that under UDC parking lot, as you look at -- Anna, do you have a colored rendering or -- can you turn on the overhead and I bring you a copy? Oh, look at that. So, we calculated this parking lot as part of the open space and under the current UDC that is not a calculation. Under the old code it was a calculation. And we also calculated all of this, which can be counted, we just didn't have the sidewalk separated. Certainly open space. So, we exceed the five percent. It was just how we were calculating it and what we needed to do to adjust the plat to meet that and still provide the open spaces required by the city. Borton: So, it does exceed the five percent? Amar: Yes. And I believe Anna can verify that for you. Borton: Okay. De Weerd: Okay. Any other questions? Thank you. Amar: Thank you. De Weerd: Is there anyone who would like to provide testimony on this application? Okay. The applicant has indicated he has no final remarks and seeing that there is no one who would like to provide testimony, Council, do you have any questions for the applicant or staff at this time? If not, I would entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we close the Public Hearing on Items 15 and 16. Borton: Second. De Weerd: Motion to close the public hearings. All those in favor say aye. All ayes. Motion carried. C� Meridian City Council April 25, 2006 Page 36 of 43 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Discussion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. • Wardle: Just a quick discussion before I consider a motion and that is that I have heard it a couple different ways as far as -- this project has less open space than the past project. I have heard it called a little bit less creative. However, I think that the housing type and the marketing mix and the lack of what I thought was a mix of the alley -loaded product in a larger number than we had seen before, I think this project is a nice redesign. It still incorporates all the comments from surrounding property owners and neighbors and the applicant's included a willingness to meet their right of way requirement for the current section plan. So, those are my individual comments. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I got real concerns on the density and the size of the lots and the setbacks, which isn't your fault. The setbacks is our fault, the four foot. But I'm -- to quote one of the Councilmen from tonight; I'm in no hurry to annex a high density, small lot subdivision in at this time. De Weerd: Okay. Any other comments? Okay. Hearing no further discussion, do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 15, AZ 05-038, Annexation for Irvine Subdivision, to include applicant comments. Borton: Second. De Weerd: Okay. I have a motion and a second on Item 15 to approve. Is there any discussion? Hearing none, Mr. Berg. Roll -Call: Bird, nay; Rountree, absent; Wardle, yea; Borton, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. De Weerd: Okay. Item 16. • Meridian City Council April 25, 2006 Page 37 of 43 i Wardle: I move that we approve Item 16, PP 05-037, preliminary plat for Irvine Subdivision and to include applicant comments. I believe there was some specifics in regard to fence type as well. Borton: Second. De Weerd: Okay. There is a motion to approve Item 16 with comments as noted. Mr. Berg. Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: I'm trying -- I believe that the staff report and the conditions of approval currently require a full one hundred and I believe what the applicant is asking you -- or, I'm sorry, one hundred feet from center line for the right of way dedication for this project. I believe what the applicant is asking you to approve is up to one hundred feet and that he would negotiate further with ITD on what that is. So, if -- I just -- if you could make that clear what you're approving, that would be helpful. Wardle: Madam Mayor, just to clarify my comments in regard to right of way, what I heard the applicant say is that they could meet the specific requirements that ITD had given the section line, which were required in the staff report and any further negotiations certainly their -- I'm not necessarily requiring it in my motion. Second agrees? Borton: Second agrees. Between the applicant and ITD. Wardle: Is that clear? Canning: Yes, sir. Thank you. De Weerd: Okay. Mr. Berg. Roll -Call: Bird, nay; Rountree, absent; Wardle, yea; Borton, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 16: Continued Public Hearing from April 11, 2006: 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 corner of Ten Mile Road and Chinden Boulevard: • Meridian City Council April 25, 2006 Page 38 of 43 • Item 17: Continued Public Hearing from April 11, 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 18: Continued Public Hearing from April 11, 2006: CUP 05-060 Request for a Conditional Use Permit for a 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: Okay. Thank you. Items 17 and 18 were requested to be continued to May 9th. Berg: Madam Mayor, do you want me to get Mr. Rountree? De Weerd: Yes. Okay. I need a motion to continue Items 17 and 18. Rountree: So moved. Wardle: Second. De Weerd: That was to May 9th. Okay. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: We have already done 19. 1 -- yes, Mr. Wardle. Wardle: Madam Mayor, before -- if you have comments or we close the meeting, the clerk and I have a question about next week's meeting. We have two items on the agenda, which have been scheduled and noticed, so they continue to appear on the agenda. They are the two comp plan amendments, one for South Eagle Road and Victory and the other for South Wells Street. Both of those projects were recommended to come forward from the Planning and Zoning Department with specific applications. Anna, did you -- Canning: Yes. I haven't said anything. No. Wardle: Oh. And they are now in the pipe line at the Planning and Zoning here -- or the Commission. Either Anna or Bill, do you have an update as to when those may -- Canning: The Wells property -- I forget the date. They are both very close to being ready to come up to you. We can get you specific dates for your hearing next week, probably. We can anticipate a date for you and have those continuing -- continuance dates ready. • Meridian City Council April 25, 2006 Page 39 of 43 Wardle: And, Council, I guess the question from a scheduling standpoint was we have the ability to hear them without the applications themselves. However, it has been kind of a recommendation from Planning and Zoning and, then, also a consensus -- I'm just confirming the consensus -- that we continue these two Comp Plan amendments until the specific applications come forward; is that -- okay? Bird: Yeah. Don't bother me. Rountree: Fine with me. Nary: Madam Mayor? Bird: Works okay with me. De Weerd: Mr. Nary. Nary: And I think when I had a discussion with Mrs. Canning -- that's why I was pointing over there. I don't think the anticipation was having a hearing next week anyway. I thought the -- I thought what I had understood is they were -- there was a scheduling meeting or a scheduling time for that anyway, so that -- wasn't that correct? Canning: Madam Mayor, Members of the Council, Mr. Nary, I have made that statement in the past and, then, I thought with my feeble mind these days, maybe I better go back and check the record. But I haven't had a chance to do that. I can't remember if this is the date we scheduled them to, thinking we would be able to have the hearing -- and I'm getting a nod from Mr. Berg. So, that -- I'm not sure. But, in any event -- Wardle: I'm going to -- Council, I'm going to ask -- I'm going to ask the Clerk just to post a note that we will be -- when he notices this that we will be continuing it to a date certain and, certainly, the public can come and -- if they want and we can give the date we are going to hear it. So, just if you get calls. Thank you. De Weerd: Okay. Council, I have a couple of things. I did pass to you a pamphlet. Mr. David Bulger at Clarence Jones' retirement party gave him a time piece for retirement. Well, his time piece is a street clock and he has asked for my office to make suggestions on what that should be. I thought it would give to recommendations to our City Hall committee, as we feel it can be designed in the City Hall plaza, and so I will just bring it to the City Hall committee for their consideration and design as to whatever we do with City Hall. But those are the two things that are closest to the design of the current clock we have in Generations Plaza, as well as it's closely aligned to our street lights as we could possibly get. I do have a letter here from the City of Eagle regarding the annexation meeting or their Comprehensive Plan change that they have in front of the county. Will, did I give you a copy of that? I thought you would find that interesting. I also have here some information on ASAFA. It is the Treasure Valley Special U.S. Attorney Project. It has information -- kind of a talking point white paper. It looks to be - • Meridian City Council April 25, 2006 Page 40 of 43 • - the legislature put money towards it this year to match what the Treasure Valley Partnership has prepared and this is a follow up to an earlier mention of this and so that's just for your information. If you will pass that down to the attorney as well. And to the clerk. And one final piece -- oh. And, chief, I have a copy for you as well. And the final piece is some -- there was a coalition on public transportation put together by the Boise Metro and Chamber of Commerce and in cooperation with the other chambers, local legislators, businesses, and here is a proposal on local option funding legislation for transit. They just pass that out for comment right now, so that's an FYI as well. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I just wanted to make you aware to follow up on two projects that I know are of interest to you. Now, the Ada County Highway District commissioners are taking up the matter of the vacation of the alley on the creamery property tomorrow with the current property owner. I was going to attend just in case there were any questions or issues that come up that have an interest to the city. Hopefully, with all the good will we have with the highway district, it will be closer to the beginning of the meeting, rather than the end. And, then, on Thursday night, in conjunction with the letter you received there from the City of Eagle, the Ada County Planning and Zoning Commission was taking up the matter of the Eagle area of impact change that's related in that letter. I was going to attend that as well. We have -- I've had -- tried to get in touch with the attorney handling that matter for the City of Eagle. I have not been successful yet. We'd simply ask for some assurance from the City of Eagle in regards to the land use expansion that we are looking at north of Chinden that would be in their proposed impact area. They had indicated in our earlier meeting they had no objection to that. I just wanted some further assurance of that for the city. We haven't received that yet. We have simply received the letter we have got today. So, they will probably make their feelings known about that as well Thursday. But I will be able to report that back to you next week. Bird: Madam Mayor? De Weerd: Oh, yes, Mr. Bird. Bird: We did -- we did get -- receive our RFQs for architects and construction manager. What was it, seven architects and eight or nine -- our committee met last Thursday -- Thursday or Friday. Berg: Friday. Bird: And we are getting these all out to all the committee. We are going to meet May 3rd and start the process of going with and hopefully by the 3rd of -- or the 16th of May we will bring a recommendation back to Council. We hope to have it at that time. So, we had good response. I think we have got a very very good level headed committee. • Meridian City Council April 25, 2006 Page 41 of 43 0 And I think we will get started with the City Hall . And, Joe, did I answer your question okay when you e-mailed that -- Borton: You are the only one who tried, so I appreciate that. Canning: Madam Mayor, may I -- I have a question to ask if it's okay. I don't think it's a very long answer. About six or eight months ago we started trying to have the Findings ready for you to approve the night of the hearing. I think the confusion it has created is perhaps not worth the benefit at this point and I would ask if Council Members or Mayor had a very strong feeling about it or if we can go back to having Findings prepared for the following hearing. It's particularly difficult, because we are bundling everything in the same staff report. So, although you may not have comments on the annexation or the preliminary plat, if you have got comments on the CU, did we really need to redo the whole Findings and I think it would make the clerk, in particular, a lot happier. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: It would make one Councilman a lot happier and I think it would make your staff a lot happier. I think we need to go back to the old way. Sometimes trying new ways are successful, but I think this time, because, you know, we get different testimony sometimes, the public testimony and stuff, that has happened between the Planning and Zoning and ours and, then, you -- your staff works theirself writing it and, then, they have to go back and rewrite it. So, I'd like to go back -- this is one Councilman that would like to go back to the old way and decide the Findings of Facts and Conclusions of Law and, then, write it and pass it. I mean I just think it would be fair to the staff. Less time. De Weerd: Okay. Mr. Wardle. Wardle: Madam Mayor, I actually like to have the Findings available, because I think it gives -- I have seen writing the Findings and, then, the staff report becomes a more thorough observation of the overview of the project and certainly I know it's a staffing issue. The one thing that I would hate to see is if we go -to Findings, the thing I saw in the past -- and I understand the new process, but I have seen in the past -- and that is prepare the Findings and, then, we would get Findings sometimes a number of weeks after the application had been through and so that would be a concern of mine of this change would have that happen. Canning: Madam Mayor, Members -- Councilman Wardle. I think if they are small changes we can still do it the next week, because the main part of the Findings document is that staff report. And we will still have that staff report prepared for you. There is no doubt -- question about that. It's just incorporating those changes into it and if they are minor, then, we can get those back to you the next week. It shouldn't really slow things up more than it is now. If they are major, I do ask sometimes that you put it Meridian City Council April 25, 2006 Page 42 of 43 off until the minutes are available, because I can't record all the necessary details sometimes when I'm up here by myself and that's the only time I ask if it gets complicated or if we need to review the minutes is when I ask for it to be longer. But I think we could try for a week in all cases and, then, just ask for exceptions if needed. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You know, after about my first year we never had problems with Findings and I think Ron and Tammy and Charlie and Bill -- two weeks is usually sufficient. That gives the staff plenty of time, so they are not rushed and once you start rushing -- our first year or two that I was on there, we -- it was -- sometimes we didn't even get Findings, but, anyway, we got that taken care of. Rountree: For months. Bird: For months. But, anyway, I think -- I don't know how President Wardle, thinks, but I -- two weeks would be sufficient for me to come back. And I think the applicants would have no problem with that. Wardle: Madam Mayor, again, just so that I -- I mean I want to make clear that today there is an expectation that the Findings be done when it comes to the Council and that's a compressed time period for staff members. I just don't want to see the expectation for the urgency slip in that manner. So, if we need to formalize it in a week or two weeks, make it a staff policy, that's fine. Just let it be consistent. Canning: And it used to be that we routinely schedule it out for two weeks. I think that of the easy ones where there aren't much comments, like many of the ones you had tonight, we could turn around in a week pretty easily. I'll leave that up to Council. But I really think that the -- it's -- we tried to make this change to speed things up. It doesn't seem to be working. And I'm not sure it speeds things up much if there is a development agreement tied to it anyway, because it takes a couple months to get all that worked out. It seemed to have been more of an issue on the Conditional Use Permits, which you're no longer the decision-making authority on those, so I think a lot of the urgency is gone. De Weerd: Okay. Anything further? Okay. Thank you, Anna. Canning: Thank you. I'm sorry, I probably should have put that on a department report, but -- De Weerd: No. That's fine. Would entertain a motion to adjourn. Rountree: So moved. LJ Meridian City Council April 25, 2006 Page 43 of 43 Borton: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Thank you. MEETING ADJOURNED AT 9:13 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) r ,Z MAYOR TA "'Y DE WEERD ""Y / ®b nATF APPROVED ATTESTED: �'�-4/3& WILLIAM G. BERG JIffl April 21, 2006 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of April 11, 2006 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 21, 2006 AZ 05-056 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT AS Enterprises, LLC ITEM NO. 5-B REQUEST Findings of Fact and Conclusions of Law for Approval — Request for Annexation and Zoning of 6.08 acres from RUT to TN -R and 4.07 acres from RUT to C -C zones for Harks Canyon Creek Subdivision — 1845 West Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Findings Date: ' L<1 0 p Phone: e© Q �/ St ff 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 APR 2 1 2006 Cliff "diary .r ce In the Matter of Annexation and Zoning of 10.15 acres to C -C zone (Community Business District) for 6.08 acres of the site and a TN -R (Traditional Neighborhood- Residential) for 4.07 acres of the site AND Preliminary Plat Approval for 29 single family lots, 7 commercial lots, and 8 common/other lots AND a Conditional Use Permit for a mixed use development within 300' of a residential district, for Harks Canyon Creek Subdivision, by Franklin Centre, LLC. Case No(s). AZ-05-054/PP-05-058/CUP-05-051 For the City Council Hearing Date of. April 25, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 25, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 25, 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 April 25, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-054/PP-05-058/CUP-05-051- PAGE 1 of 4 0 0 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 10, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October 2005 is hereby conditionally approved; and, 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 29, 2005 is herby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 25, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-054/PP-05-058/CUP-05-051- PAGE 2 of 4 0 • and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 25, 2006 By action of the City Council at its regular meeting held on the 2- day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_Y&A— COUNCIL MEMBER JOE BORTON VOTED6rCe� COUNCIL MEMBER CHARLIE ROUNTREE VOTED__6 COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-054/PP-05-058/CUP-05-051- PAGE 3 of 4 vieCw Ztp, e ATTEST: J� WILLIAM G. BERG, JR., on: � Applicant t, Copy served u° psBJ1Pltl9i7�d�® Planning Department Public Works Department City Attorney By: ity Clerk's Office Dated: 5-2. -OL.o CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-054/PP-05-058/CUP-05-051- PAGE 4 of 4 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 STAFF REPORT Meridian City Council Hearing Date: April 25, 2006 City Council hearing date: April 7, 2006 City Council hearing date: March 7, 2006 City Council hearing date: February 7, 2006 TO Meridian City Council FROM: Meridian Planning Commission STAFF: Joe Guenther, Associate City Planner SUBJECT Harks Canyon Creek Subdivision AZ -05-056 r- . f,� + '} APR 2 1 2006 City Of Meridian City Clerk Office Annexation of 10.15 acres from RUT to 4.07 acres C -C (Community Business) and 6.08 acres TN -R (Traditional Neighborhood Residential) PP -05-058 Preliminary Plat for 29 Single-family residential lots 7 commercial lots and 8 other lots CUP -05-051 Conditional Use Permit for a mixed use development within 300' of a residence I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting annexation and zoning of 10.15 acres of land that is currently zoned RUT in Ada County. The applicant is seeking a C -C zone (Community Business District) for 6.08 acres of the site and a TN -R (Traditional Neighborhood- Residential) for 4.07 acres of the site. The applicant has submitted a preliminary plat for the subject property requesting 29 single-family residential lots, 7 commercial lots and 8 common/other lots for the 9.47 acres plat. The applicant has also submitted a conditional use permit for a mixed use development within 300' 2. SUMMARY RECOMMENDATION: Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved unanimously to recommend approval. a. Summary of Public Hearing: i. In favor: Jane Suggs, JBS Consulting ii. In opposition: None. iii. Commenting: None iv. Staff presenting application: Joe Guenther, Associate City Planner v. Other staff commenting on application: Mike Cole, Development Services Coordinator. b. Key Issues of Discussion by Commission: i. — Location of the site in relation to industrial uses on Franklin Road ii. — Lot 19 Block 1, the open space lot south of the site which will be for future development. iii. - Lot 5 Block 1 will be reconfigured from one lot to approximately five lots which the east/west portions will be service drives and the north/south portions will be either public or private streets for future connection to Lot 19. c. Key Commission Changes to Staff Recommendation: Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 1 0 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 i. Public Works Condition 2.15 shall read "All development improvements for each phase of this development, including but not limited to sewer, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. ii. Planning Condition 1.11 shall read Lot 21 instead of Lot 22. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTION (to be considered after the public hearing) Approval (All applications) I move to approve File Numbers AZ-05-054/PP-05-058/CUP-05-051 as presented in staff report for the hearing date of April 25, 2006 and the preliminary plat dated October, 2005 with the following modifications to the conditions of approval: (add any proposed modifications) Denial (All applications) I move to deny File Numbers AZ-05-054/PP-05-058/CUP-05-051 as presented in the staff report dated April 25, 2006 and the preliminary plat dated October, 2005 for the following reasons: Continue (All applications) I move to continue the public hearing for items number AZ-05-054/PP-05-058/CUP-05-051 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: South of Franklin Road, and West of Linder Road — Approximately 10.3 acres of an irregular shape in the NW % of the NE % 3N1W S14 b. Owner Franklin Centre, LLC 1767 W. Franklin Road Meridian, Idaho 83642 c. Applicant: Jane Suggs JBS Enterprises, LLC 200 Louisa Street Boise, Idaho 83712 d. Representative: Jane Suggs, JBS Enterprises, LLC e. Present Zoning: COUNTY- RUT f. Present Comprehensive Plan Designation: Mixed Use Regional, Multi -Use Pathway, 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit Al): October, 2005 2. Date of landscape plan (attached as Exhibit A2): October 31, 2005 h. Applicant's Statement/Justification: The proposed mixed use project complies with the City's designation of Mixed Use Regional where the C -C district allows for smaller commercial operations which will be paired with the TNR district which allows for residential densities up to 8 dwellings per acre. We believe the use of the project will Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 2 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 provide a development which will complement the surrounding land uses and will include many amenable features such as detached sidewalks, extensive open space, future multi -use pathway, a pond, and use the integrated home office designs of the TNR district. 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 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 5 and Chapter 6, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: January 16, 2006 and January 30, 2006 c. Radius notices mailed to properties within 300 feet on: January 13, 2006 d. Applicant posted notice on site by: January 27, 2006 6. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: Agricultural/Urbanizing c. Adjacent Land Use and Zoning 1. North: Caffarelli Subdivision I -L, Franklin Road 2. East: Harks Corner C -C, Linder Road 3. South: Whitestone Estates, R-4, Ten Mile Creek 4. West: Agricultural Ada County RUT and RI d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of main located in the southwestern corner of this property. Location of water: Extension of mains in Franklin Road Issues or concerns: The sewer flows to the Whitestone lift station. The applicant shall be responsible for any upgrades that may be required. 2. Vegetation: Agricultural/Inigated 3. Flood plain: Ten Mile Creek — Mainly contained within the banks 4. Canals/Ditches Irrigation: Ten Mile Creek 5. Hazards: Floodplain 6. Proposed Zoning: TN -R and C -C 7. Size of Property: 10.15 acres 8. Description of Use: Residential, 29 Single Family detached, 7 Commercial, and 7 Common Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 3 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 f. Subdivision Plat Information 1. Residential Lots: 29 2. Non-residential Lots: 7 3. Total Building Lots: 36 4. Common Lots: 5 5. Other Lots: 3 6. Total Lots: 43 7. Open Lots: Lot 21 Block 3 is the main pond/common lot. Lots 9, 12 Block 2 and Lots 10, 14 Block 3 are internal common lots within the residential component 8. Gross Density: 9.84 units per acre shown (2.94 acres by 29 SF) — (Build out for TN -R as presented in conceptual plan shows 79 units on 6.08 acres for 13.0 du/a) g. Landscaping 1. Width of street buffer(s): 25 feet required for Franklin Road (25 feet shown) 2. Width of buffer(s) between land uses: 25 feet commercial to residential (15 feet shown to the residence west of the site) (5 feet proposed C -C to TN -R) 3. Percentage of site as open space (PP application): .44 acres or 4.3% open space (future lot 19 Block 3 not included and parkway calculations not included) 4. Other landscaping standards: Retain existing healthy vegetation; rehabilitate the natural vegetation/habitat cover along the Ten Mile Creek to Park Department and NMID standards; possible cooperation with the Parks Department for development of a multiuse pathway across to Whitestone Estates Subdivision h. Amenities The applicant is proposing amenities in open space and pond with Gazebo, parkway streets. i. Proposed and Required Residential Standards C -C (Standards) Proposed Required Front 0 0 Interior side 0 0 Street landscape buffers Local 10 10 Arterial 25 25 Landscape Buffer to residential uses 5/15 25 Maximum building height 50 50 TN -R (Standards) Setbacks (measured from back of sidewalk) Proposed Drafted Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 Minimum front setback Alley accessed properties 10 Minimum front setback Street accessed properties 20 to garage 10 to living area Minimum rear setback Alley accessed properties without parking pad 5 Alley accessed properties with parking pad N/A Street accessed properties 12 Minimum side setback Property lines adjoining unattached walls 4 Property lines adjoining attached walls 0 Minimum side street setback Alley 5 Local Street 10 Collector N/A Street Landscape Buffer Local Street Arterial Maximum building height 8 parkway with Class II trees or tree wells w/8' sidewalk j. Proposed and Required Non -Residential 041 .9 10 20 10 5 20 12 4 0 5 10 20 8 25 40 Commercial lots shall conform to the use requirements of the C -C district and shall receive a certificate of zoning compliance for all uses, See exhibit B. Non-residential lots in TN -R district are to be used for amenities and open space only. k. Off -Street Parking (Multi -Units): 1. Parking spaces required: 2 for each unit, (29) TNR attached units; 58 stalls req. 2. Parking spaces proposed: 29 minimum covered stalls are shown as conceptual, 24 on street parking stalls are provided. 3. Compact spaces proposed: 0 4. Off-site parking proposed: No 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to Franklin Road is to be prohibited. Access to future development is as proposed with pubic stub streets at multiple locations to the east. Potential commercial cross access through the C -C district lies both east and west at the shown parking lots. An additional stub street to the east at "public road No 2" will not be required. The applicant has agreed to make all changes as required by the attached ACHD staff report. The Meridian Police and Fire Departments have submitted requirements which exceed the standards as recommended by the UDC PIG Committee for the TN -R district. The Planning Department is recommending approval of the minimum standards as set forth Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 by ordinance in the TN -R District. For a detailed report on the public streets and access points to public streets, please the attached staff report from the Ada County Highway District (Exhibit Q. 7. AGENCY COMMENTS MEETING On November 10`" 2005 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use Regional' on the Meridian Comprehensive Plan Future Land Use Map and the applicant has generally drawn the annexation requests for the TN -R and C -C district to meet the goals of the Mixed Use Regional District. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU -R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. The proposed density (9-13 d.u./acre) is within minimum target density of 8 to 15 d.u./acre for Traditional Residential Neighborhoods within a mixed use development, staff finds that the proposal conforms to this stated purpose and intent. Higher density subdivisions north and west of Linder Road have provided smaller lots in the "High and Medium Density Residential" areas which have been at or above eight dwelling units to the acre. Other subdivisions south and east of the site along Linder Road and Franklin Road have been closer to the 3 to 5 d.u./acre with zoning designations of R-8 or primarily R-4. Similar projects to the Traditional Neighborhood concept Franklin and Ten Mile Roads vicinity have Commercial designations (Neighborhood Commercial, Community Business, and Limited Office) under the Meridian City Code where a mixed commercial/residential product was not available under the Meridian City Code, but is being applied through the TN -R District. The properties east of the site at Harks Corner are also zoned C -C where the restaurant/bar uses share the existing water feature amenity on the site. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal 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 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). Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 6 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 The northern roadway adjacent to the subject lands is currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning 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) In accordance with this Goal and Action Item, the applicants design only allows collector (commercial/local street) road access to Franklin Road. These collector roads are designed with landscape lots and oriented as to only allow vehicular traffic flow to the public road system. No lots within Harks Canyon Creek Subdivision are provided lot access to a collector or arterial street. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designated for MU -R on the Comprehensive Plan Future Land Use Map. Although a wide range of commercial uses has not been planned for this property, the identity ofMU-R in the area of the Ten Mile Interchange would tend to become more commercial as the area transitions to the future interchange. The project integrates a residential/Community Business component into the design and stafffinds the TNR products provide an appropriate transitional use to the more intense commercial uses along Franklin Road. More intense commercial/high density developments are anticipated for the Ten Mile Interchange and the TN -R complements existing uses in Harks Corner and buffers the Community Business aspects closer to Franklin Road from the residential uses south of the site. Therefore Harks Canyon Creek Subdivision meets the general policies for the mixed use regional comprehensive designation. • Chapter VII, Goal I, Objective B, Action 5: Locate new Community Business areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Franklin Road is classified as arterial roadway. The applicant is proposing access from the adjoining areas from micro paths, sidewalks and shared (cross access) streets which will provide future connection to residential/commercial areas east, west and south of the site along Franklin Road and across the Ten Mile Creek. Staff believes that the Traditional Neighborhood areas proposed compliment the existing and planned residential areas in the vicinity. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 7 ! 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 corridors (Franklin Road and Linder Road). • "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 2S foot wide landscape buffer with a perimeter fence and dense vegetation along Franklin Road. The applicant is also proposing to construct a 15 -foot wide landscape buffer along the western boundary where there is an existing single family residence. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. See Site Specific Condition in the Preliminary Plat section below in Exhibit C. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The additional rights of way for Franklin Road will be large enough to accommodate future pedestrian walkways and possible bicycle lane as well as interconnection of sidewalks along arterial roads. The urban design of the TN -R district includes larger open spaces integrated into the front yards of all blocks in this district. These larger open spaces will all include pedestrian traffic routes connected to the arterial roadways. The applicant has indicated that a bridge will be provided for access to the south through Whitestone Estates where the future Ten Mile Creek Multi -use Pathway will be located. The applicant shall bond for the multiuse pathway and bridge with this development to ensure compliance with the future pathway system. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The properties adjacent to the subject site are designated for a wide variety of uses. North of the site is planned for Industrial uses, east and south of the site are existing commercial/residential developments not expected to change, and west and south of the site are continuations of the mixed use regional uses on the Comprehensive Plan Future Land Use Map. The project provides a transition from the intense commercial and industrial uses along Franklin into a mix of residential densities from the C -C District to the TN -R District. • Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium Density Residential on the Meridian Future Land Use Map which identifies this area as an appropriate area for residential development. This proposal meets the Comprehensive Plan definition of medium density, with a gross density of 9 to 13 dwelling units per acre. Staff has reviewed Harks Canyon Creek Subdivision under the Traditional Neighborhood Residential designation which supports residential densities from 8 to 15 dwelling units to the acre (PIG Group recommendations). Staff anticipates the housing types for Harks Canyon Creek Subdivision to be very diverse due to the lot sizes, Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 8 9 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 attachments and varying integrated designs. These projects as a neighborhood meet the variety needed to be offered within residential designations. The project also concentrates the higher density housing within the TNR district and transitions to a larger open space area as the subdivision flows south and into the R-4(medium density) designation. "On -street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI -5) Figure VI -5 on page 57 of the Comprehensive Plan designates a bikeway on all collector roads and arterials. The proposal will provide a local road connection from the site to Franklin Road which will provide interconnection to future collector streets. Interconnectivity between subdivisions will also provide for a multiuse pathway connection through Subdivision for pathway access to the Ten Mile Creek pathway systems. The subject property lies within the immediate vicinity for a park/pathway connection in the area north of I--84 and Linder Road and future connection all the way to I-84 along the Ten Mile Creek. Currently no pathway exists in the near vicinity. No bike lane is proposed for Franklin Road. See ACIID report. • The following standard applies for all Mixed -Use Regional developments proposed within 300 -feet of an existing residence or school require a conditional use permit. (Chapter VII, Pgs 97-98) The applicant has submitted a Conditional Use Permit CUP -05-051 to comply with this section. The applicant's conceptual plan provides for an additional fifty units shown as condominiums as well as future open space and a pathway connection along the Ten Mile Creek. Staff supports the conceptual site plan dated July 19, 2005 as submitted but will require assurances that the future amenities will be provided in a timely manner as to be able to be used by future residences contained within the associated plat. StaEfinds that the proposed zoning and subsequent uses (Community Business /single-family homes) will be generally harmonious with and in accordance with the Comprehensive Plan 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: 11-2D-2 (TNR) lists Single Family Residential (attached and detached) as permitted uses in the TNR and C -C zoning districts. Furthermore, limited office/commercial uses are allowed in the TNR district, also listed in UDC 11-2D-2. 11-2B-2 (C -C) lists many limited commercial uses as permitted as well as many more intense uses as conditional in the Community Business district. b. Purpose Statement of Zone: COMMUNITY BUSINESS DISTRICT (C -C) the purpose of the commercial districts is to provide for retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and the mix of allowed commercial uses, and the location of the district in proximity to the streets and highways: Community Business Districts offer allowed uses of Larger scale and broader mix of retail, office, and service uses with access to arterials or nonresidential collector streets. TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT (TN -R): The purpose of the TN -R District is to provide for a variety of residential land uses including attached and detached single-family Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 9 9 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 residential, duplex, townhouse, and multifamily. A TN -R District includes open spaces and promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density of the TN -R District is fifteen (15) units per acre. The minimum density is six (6) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN -R District should be generally located: adjacent to a TN -C District, along a transit corridor, or within a mixed use neighborhood. For the purposes of this Title, the term residential district shall also include the Traditional Neighborhood Residential District. c. Traditional Neighborhood standards: UDC 11-2D-6 — The standards of the Traditional Neighborhood District are to be negotiated by the Planning Commission and the City Council. The following is a draft of standards developed by the 2005 Process Improvement Group (PIG) group. Options for Street Sections in the TN -R District: The width of the allowed street section shall be determined by how the properties are accessed and whether or not a parking pad is provided that has minimum dimensions of twenty feet (20') by twenty feet (20') as measured from the paved surface of the alley or street to the face of the garage door. For alley accessed properties that provide a parking pad, the following shall apply: a. The parking pad must meet the dimensional standards noted above. b. All alleys shall have a twenty -foot (20') right-of-way with a minimum of sixteen feet (16') of paving. c. The applicant shall be allowed to have a reduced street section of twenty-nine feet (29') (measured from back -of -curb to back -of -curb) with parking on both sides. 2. For alley accessed properties that do not provide a parking pad, the following shall apply: a. All alleys shall have a twenty -foot (20') right-of-way with a minimum of sixteen feet (16') of paving. b. The applicant shall provide a street section of thirty-three feet (33') (measured from back - of -curb to back -of -curb) with parking on both sides. The requirement for off-street parking as set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances. c. The applicant may request a street section of twenty-nine feet (29') (measured from back - of -curb to back -of -curb) with parking on one side where the street only provides residential access on one side of the street. For example, where one side of the street has homes on it and the other side of the street is a dedicated open space lot. Such request shall be approved by Council with the preliminary plat. The requirement for off-street parking as set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances. For street accessed properties, the following shall apply: a. Although street accessed properties are allowed in this district, it is anticipated that only properties on the perimeter of a TN -R development would be street accessed. The applicant shall demonstrate that the design meets the purpose statement of the TN -R district. b. All street accessed properties must provide a parking pad as detailed above. c. The applicant shall be allowed to have a reduced street section of twenty-nine feet (29') (measured from back -of -curb to back -of -curb) with parking on only one or on both sides. 4. Block lengths shall meet the standards as set forth in Section 11 -6C -3F2. Although block lengths are allowed to exceed five hundred feet (500') when a pedestrian pathway is used to break up the block, it is anticipated that most blocks will not exceed the five hundred -foot (500') requirement. The applicant shall demonstrate that the design meets the purpose statement of the TN -R district. Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 10 • f CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 In addition to the standards as set forth in Section 11-3A-7, the following restrictions shall apply to fencing within the TN -R district: 1. Front yard. Fences shall be wrought iron or similar of similar quality and appearance and shall be no greater than three feet (3') in height. 2. Side yard. a. Side yard fences that follow the side yard property line shall only be allowed where the side setback is five feet (5') or greater. The portion of a side yard fences that extend from the building to the side yard property line shall be setback two feet (2') behind the enclosed portion of the front of the building. b. Side yard fences that extend from one building to an adjoining building are allowed where the adjoining houses have use easements on the side yard area. Such fences shall be setback two feet (2') behind the enclosed portion of the front of the building adjoining the fence. 3. Rear yard of alley accessed properties. Fences shall be setback a minimum of seven feet (7') from the alley (measured from back of paved surface of the alley). 4. The maximum fence height shall not exceed six feet (6'), subject to the provisions set forth in Sections 2 and 3 below. 5. On corner properties, the maximum fence height in the required street side yard shall be six feet (6') above the grade (as measured at the property line), and the minimum setback shall be ten feet (10') from the street side property line. See Figure 11-3A-3. 6. Where the rear yard of one property adjoins the front yard of another property, the fence along the rear and side yards where they adjoin the adjacent front yard shall be flush or angled at forty-five (45) degrees to provide continuity with the adjoining fence and property line. See Figure 11-3A- 3. 7. Additional height shall be allowed for arbors, arches and/or other architectural appurtenances extending over gates and/or other entryways Such appurtenances shall not exceed five feet (5') in width and/or eight feet (8') in height. 8. Additional height shall be allowed for gate posts. Such gateposts shall not eight feet (8') in height. Lighting. In addition to the standards as set forth in Section 11-3A-11, the following standards shall apply within the TN -R district: All dwelling units shall have a minimum of two (2) lights at the front of the unit. All dwelling units on alley accessed properties shall have a minimum of two (2) lights along the alley. All lighting required in this section shall be on a photocell that activates the lighting at dusk and turns it off at dawn. 10. ANALYSIS 10a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 11 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 Development Code, 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 October 13, 2005 by Todd R. Waite, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1.5 UDC 11 -5B -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 mixed use nature of the commercial/office/residential uses the size and scope of the project the undetermined location of amenities, pathway location undeveloped areas of Lot 19 Block 3 and the variable standards of the TN -R district as defined by the Meridian City Unified Development Code staff believes that a Development Agreement is necessary to ensure that this propgty is developed in a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearby properties If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary-, at 888-4433 within 18 months of Council approval to initiate this process The DA shall incorporate the following: • That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance 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 Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 12 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • The applicant shall provide a surety agreement for of the construction of the multi -use pathway and bridge in accordance to UDC 11-5C unless a development application has been submitted for Lot 19 Block 3 prior to the issuance of the first certificate of occupancy in Harks Canyon Creek Subdivision. • The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Ten Mile Creek. • The applicant shall maintain Lot 19 Block 3 in a state free of accumulation of junk, noxious weeds, and shall fence the perimeter of Lot 5 Block 3 to limit public access to the waterway. • The applicant has agreed that all of the TN -R residential units will be constructed with fire sprinkler systems to mitigate for the 5' setback to alley required by the Meridian Fire Department as discussed on April 4, 2006. • That the applicant shall provide trash pickup/refuse pads at the end of the dead end — shortened alley as shown on the site plan and discussed on April 4, 2006. 2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: Connectivity (future developments): Local stub streets for future development west of the site shall connect from "Public Street #2" west of the site at the location shown. Cross access shall be provided to the property west of the site adjacent to Lot 1 Block 1 from the parking lot as shown. Cross access shall be provided to the property east of the site adjacent to Lots 22 and 23 Block 3 from the parking lot as shown to connect with the existing Harks Corner Development. An additional public or private street to the south shall be provided in the general location of Lot 5 Block 3. The public or private street shall be for addressing and unobstructed access to future development in Lot 19 Block 3. See Exhibit B below. No direct access will be allowed to Franklin Road. 2.2. Landscapin . Staff is generally supportive of the landscaping design with the following considerations: The 25 feet of right-of-way landscaping on Franklin Road shall be maintained by the Business Owners Association. The landscape buffers along these arterials shall be designed in accordance to UDC 11-3B-7. The landscape buffer shall be measured from the back of sidewalk if attached sidewalks are used. Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 13 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 The landscaping along Franklin Road shall be installed prior to final plat signature. The landscaping along Franklin Road shall be contained in a separate lot or on a permanent easement which will be maintained by the business owners association. Common Lot 22 Block 3 shall be maintained by the business owners association and not by the home owners association. All parkway trees shall be Class II trees. All parking lots adjacent to the TN -R district shall provide a minimum of one tree at the end of each parking aisle; the parking lot landscaping shall comply with the design standards as listed in UDC 11-313-8. The applicant is not showing the required 25' landscape buffer between uses in this location. The applicant shall revise the site plan to reflect the required buffers or submit a new landscape plan with an application for alternative compliance to the director. If the director fails to approve the request for alternative compliance the applicant shall provide the required landscape buffers as detailed in UDC 11-3B. See Exhibit B. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. 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. Nampa Meridian Irrigation District has adjacent laterals on this site but has not commented on the proposal. Staff has applied the standard NMID conditions to this site. 2.5 Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-313-6. See Site Exhibit B below. 2.6. Fencing: The applicant is not showing fencing on the submitted amenity and landscape plan. A detailed fencing plan shall be submitted upon application of the final plat or prior to City Council if required. 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 Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 14 M 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 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. The landscape architect shall draft the landscape plans to meet the standards of UDC 11-3B. See Exhibit B, Condition 1.5 The Meridian Police and Fire Departments have indicated that fencing shall have gates and there shall be no side yard fencing, the fencing requirements shall comply with the standards of UDC 11-3B. Perimeter fencing shall be designed according to UDC 11-3B and maintained by the adjacent (home/business) owners association. Temporary fencing shall be provided along Lot 5 Block 3 until a development application for Lot 19 Block 3 is approved. All fencing along the Ten Mile Creek shall be installed with non-combustible materials. 2.7 Unimproved Right-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 Franklin road widening is in the ACHD Five Year Work Program and is scheduled for widening in 2010. The remainder of the unimproved right-of-way should be landscaped with lawn or other vegetative groundcover. Franklin Road abutting this site appears to meet the warrants for the 10 -foot wide gravel shoulder requirement listed above. Therefore, the applicant should be required to construct a 10 -foot wide gravel shoulder on Franklin Road, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. 2.8 Multi -Use Pathway: The applicant is not showing but will be required to install a multiuse pathway in accordance to the Comprehensive Plan and installed according to UDC 11-3A-8 along the Ten Mile Creek in a location to be agreed upon with the Parks Director and Nampa Meridian Irrigation District. Currently, NMID owns the property upon which the applicant is proposing to install the pathway. All NMID standard conditions shall be applied to this site and all pedestrian access easements shall be enacted. Staff has required the applicant to bond for improvements to the multi -use pathway with this application. The pathway connection is listed as an amenity to the residents of the site and will be essential for pedestrian connection from the school site, Whitestone Estates, and Mallard Landing Subdivisions south of the Ten Mile Creek. Therefore, the pathway shall be a priority to be completed as soon as practical with the future development of Lot 19 Block 3. 2.9 Private Streets: The applicant is proposing to use Lot 5 Block 3 to provide future access to Lot 19 Block 3. Staff will require at a minimum the North/South legs of Lot 5 Block 3 to be a private street (if not public) to provide addressing and maintained connections to the future residential area south of Lot 5 Block 3. The applicant has not submitted a Private Street application as required by UDC 11-3F-3. The private street standards are listed in UDC 11-3F. The applicant shall design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F Private Streets and UDC 11-2D Traditional Neighborhood Residential. See Exhibit B Condition 1.11 The Meridian Fire and Police Departments are requesting a minimum of 24' paved sections for alleys which shall not apply to the TN -R districts as this would exceed the standards set forth by ACHD and the Process Improvement Group for the TN -R district. Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 15 0 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 2.10Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 4.3% of qualified open space which does not meet the requirements of a minimum of 5% open space. The applicant has provided landscaped Parkways in compliance with UDC 11-3G-5 but these calculations have not been provided by the applicant and not added to the overall required open space. Staff is confident that the minimum of 5% has been provided with the presented design but with the off site improvements and parkway streets 2.11 Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: 11 -3G -3C-1 — Quality of life amenities — Picnic area/Gazebo in Lot 22 Block 3 11 -3G -3C-2 — Recreation amenities — None shown at this time, however the applicant is proposing to tie the landscaping and pathway improvements to the Ten Mile Creek pathway system to this development. 11 -3G -3C-3 — Bicycle circulation amenities — Several blocks are connected with an internal 5' pathway which will be required to connect to the required Multi -use Pathway along the Ten Mile Creek. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Harks Canyon Creek (Home or Business) Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. 2.12Traditional Neighborhood Residential: The standards as defined in the TNR district UDC 11-2D-6 are currently defined as "determined by Council upon annexation and/or rezone". The standards listed under section 8 of the Harks Canyon Creek Staff report dated January 5, 2006 have been drafted by a working group specifically for TN -R projects to be used as a guideline. The applicant has designed the project in accordance to these standards and shall comply with the street sections, dimensional standards, lighting and fencing requirements as contained in this report. 2.13Street Sections: Conditions 3.23 and 3.09 of Exhibit B from the Meridian Fire Department Conditions of Approval will not apply to the street sections within the TN -R District. These standards exceed the street sections proposed by the UDC process improvement group. ACHD has reviewed the street sections and if the applicant complies with all ACHD conditions of approval then the street sections will meet all standards as set forth by policy. 10b. Staff Recommendation: Staff recommends approval of AZ-05-056/PP-05-058/CUP-05- 051 for Harks Canyon Creek Subdivision as presented in the staff report dated January 6, 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. EXMITS A. Drawings 1. Preliminary Plat (dated: October 2005) 2. Landscape Plan (dated: October 14, 2005) 3. Conceptual Site Plan (dated: July 19, 2005) Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 16 • s CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. Ada County Highway District 8. Nampa Meridian Irrigation District C. Legal Description D. Required Findings from Zoning Ordinance Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 17 0 A. Drawings 1. Preliminary Plat dated: October 2005 0 Harks Canyon Creek Subdivision Exhibit A Page 1 0 . 2. Landscape Plan (dated: October 14, 2005) J L-.-. (( - � i Fg1mN Am.m rc� �� rm rsrm� rot �®�tl roe t�maayerea ma>mom ra m'.uu�eRygp POa R�d� CCtl rw+no rtx tm dpmrefsse®aum.f.msrm 4 to t e4��0cyme��wm'm.wme.my a ra.set.tre�t+,mQrstrmmw btlbbefmtlp ��trLbtr0 tre�4esm t. T�tltllgbbeq$Otlbecmptl �gbmmbtrLeaswE I I {e {e t\ oto Harks Canyon Creek Subdivision Exhibit A Page 2 Otle�oIRgNCmpma� ttebSt>♦im(dYtl�bq.mfoolhFAd p u�m\s� mOR �•18mw bbm. &abtl res.mtams mmomso�ti9tl�oetm mtla+nawc�setrs.aner 1 t4ttltgcpbmRttlftlC.i*.yb Haft Canyon Creak "%!M9dnt@s F.V. r ,= { w.K Fmk Ahd., Vw e 01 FaAw�q mema.uunoeye 146Dmv4dtrA WTptlWA4n1 taR Lma EY LR3-2'051 euS:pn#m tic �a tAF 0 . B. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1 The preliminary plat labeled as Preliminary Plat dated October 2005 prepared by Claiborne Waite Consulting, Inc. is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -05-056) and Conditional Use (CUP -05-051) shall also be considered conditions of the Preliminary Plat (PP -05-058). 1.2 The applicant has proposed a 25 -foot landscape buffer along Franklin Road. The Landscape buffer shall be designed and installed in accordance to UDC 11-313-7 and certified as installed prior to final plat signature (UDC 11-313-1413-3. The sidewalks within the buffer shall be placed as to line up with future buffers in neighboring developments. 1.3 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to the arterial roads of Franklin Road as required by ACHD. A note shall be placed on the final plat restricting access to Franklin Road 1.4 The applicant shall provide cross access to all commercial lots within the subdivision and to the property west of the site adjacent to Lot 1 Block 1 and to the east from Lots 22 and 23 Block 3 as required by ACHD. 1.5 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the changes required by this report. The submitted landscape plan prepared by Terry Hammon, A to Z Sprinkler and Landscaping., dated October 14, 2005 is not approved until re -submitted with changes outlined in this report and in compliance with UDC 11-3B. 1.6 The applicant shall revise the site plan to reflect the required buffers or submit a new landscape plan with an application for alternative compliance to the director. If the director fails to approve the request for alternative compliance the applicant shall provide the required landscape buffers as detailed in UDC 11-313. 1.7 Maintenance of all residential common areas shall be the responsibility of the Harks Canyon Creek Subdivision Homeowners' Association. (Lots 9 and 12 Block 2, Lots 10 and 14 Block 3) 1.8 Maintenance of all other common areas shall be the responsibility of the Harks Canyon Creek Subdivision Business Owners Association. (all required street and use buffers, with Lot 21 Block 3) 1.9 For alley accessed properties that do not provide a parking pad, the following shall apply: a. All alleys shall have a twenty -foot (20') right-of-way with a minimum of sixteen feet (16') of paving. b. The applicant shall provide a street section of thirty-three feet (33') (measured from back - of -curb to back -of -curb) with parking on both sides. The requirement for off-street parking as set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances. c. The applicant may request a street section of twenty-nine feet (29') (measured from back - of -curb to back -of -curb) with parking on one side where the street only provides residential access on one side of the street. For example, where one side of the street has homes on it and Exhibit B Page 1 0 • the other side of the street is a dedicated open space lot. Such request shall be approved by Council with the preliminary plat. The requirement for off-street parking as set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances. 1.10 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the City and the Irrigation District(s). 1.11 If the southerly directed portions of Lot 5 Block 3 are not dedicated to the public, the applicant shall at a minimum submit a private street application to the Planning Director with the Final Plat application if the applicant chooses to provide private streets for future connection to the south along Lot 5 Block 3. 1.12 The applicant shall contact the Meridian Parks Director to define a location for the Multi -Use Pathway along the Ten Mile Creek as shown on the Meridian Comprehensive Plan. 1.13 The applicant shall install a Multi -Use Pathway along the Ten Mile Creek or other location as agreed upon by the Meridian Parks Director construction shall be in accordance to the standards as listed in UDC 11-3A-8. 1.14 The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. 1.15 All road drainage shall be contained on site in the drainage swales/areas as depicted. 1.16 The applicant shall comply with the dimensional standards, street sections, lighting, and fencing requirements as outlined in this staff report for the Traditional Neighborhood Residential District. There shall be no modifications to the dimensional standards of the C -C Medium Density Residential District or other operating standards as contained in the Meridian Unified Development Code. 1.17 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.1.8 The applicant shall be allowed a 5' alley setback to garage/structure for all TN -R lots. GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.18 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. 1.19 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 Exhibit B Page 2 debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.20 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. 1.21 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 Nampa Meridian Irrigation District. Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.22 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. 1.23 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B. 2. Public Works Department 2.1 Sanitary sewer service to this development is to being proposed via extension of mains stubbed in the southwestern portion of this property. These mains flow to the Whitestone lift station. The applicant shall be responsible for any upgrades to the lift station that may be required to handle the extra influent. 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 Water service to this site is being proposed via extension of mains in Franklin Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The applicant 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. 2.5 The applicant has indicated the pressure irrigation system in this proposed development is to be an extension of a private system in Harks Corner. 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. Exhibit B Page 3 0 0 2.6 Prior to signature on the plat by the City Engineer the applicant shall submit a signed agreement granting permission to use the existing private pressurized irrigation pump station. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11 -3B -6D). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 All existing structures not meeting new setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 If the stub streets to the south are going to be private streets, then Public Works will review and inspect the storm drainage systems. The applicant will be responsible for all review and inspection fees associated with this. 2.11 If this project is to contain private streets, the applicant shall address maintenance of the private streets prior to signature on final plat by the City Engineer. 2.12 As each commercial lot develops they shall be required to retain storm runoff on site. 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. 2.13 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. 2.14 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. 2.15 All development improvements for each phase of this development, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.16 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. 2.17 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. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting Exhibit B Page 4 that may be required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. 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 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 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. 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 Exhibit B Page 5 0 • 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 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.11 The proposed 294ot subdivision with an estimated 2.9 residents per household would have a total estimated population of 87 residents at build out. 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 7 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.14 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. 3.15 Maintain a separation of 5' from the building to the dumpster enclosure. 3.16 Provide a Knox box entry system for the complex prior to occupancy 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.19 R-2 occupancies with 3 or more units shall be required to be fire sprinkled, unless specified by the UDC. 3.20 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.21 Gates shall be provided on the front and rear of the property, if fenced. 3.22 Side yard fences shall not be allowed in the C -C district. Exhibit B Page 6 3.23 Alleys shall be at least 24 -feet wide and there shall be no parking on alley streets. 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 for fencing on common lots. 4.2 The applicant shall submit a revised landscape plan for the commercial areas, which uses walkways and landscaping to direct visitors to the main entrance and away from private areas. 4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the Final Plat, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.4 The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.5 The loading areas shall be separated from all public parking areas. 4.6 Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 5. Parks Department 5.1 Ordinance (UDC 11-3B-10) will be followed. 5.2 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.3 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. 5.4 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10.5) will be followed. 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 7.1 Dedicate 45 -feet of right-of-way at the east property line that tapers to 57 -feet in the first 425 -feet west of the east property line. From 425 -feet west of the east property line to the west property line, the applicant should dedicate 57 -feet of right-of-way from the centerline of Franklin Road. abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact Exhibit B Page 7 • 0 fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. AND Provide the District with a road trust deposit in the amount of $13,280.00 for the construction of a 7 - foot wide attached concrete sidewalk. OR Dedicate 45 -feet of right-of-way at the east property line that tapers to the west to 48 -feet in the first 425 -feet. From 425 -feet west of the east property line to the west property line, the applicant should dedicate 48 -feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. AND Construct a 5 -foot detached concrete sidewalk within an easement to the District. Locate the sidewalk a minimum of 56 -feet from the centerline of Franklin Road. 7.2 Construct Public Road #1 to intersect Franklin Road to directly align (centerline to centerline) with the driveway on the north side of Franklin Road. 7.3 Construct North Ward Place to intersect Franklin Road approximately 104 -feet east of the west property line, as proposed. 7.4 Construct all of the internal roadways within the subdivision as 36 -foot street sections with vertical curb, gutter and 5 -foot attached (or 4 -foot detached) concrete sidewalks within 50 -feet of right-of- way. If the applicant is proposing to construct striped on -street parking on Public Road #2 construct bulb outs at the intersections that provide a minimum of 24 -feet (measured back of curb to back of curb) at the throat of the intersection and construct the bulb outs to provide an inside radius of 18 -feet (minimum). 7.5 Construct a stub street to the west property line approximately 255 -feet south of the north property line to serve the 2.090 -acre parcel and the 76.232 -acre site to the west, as proposed. Install a sign at the terminus of the roadway stating, "this road will be extended in the future." 7.6 Construct a 28 -foot wide driveway that intersects Public Road #1 on the west side of the roadway approximately 120 -feet south of Franklin Road, as proposed. 7.7 Construct a 12 to 30 -foot wide driveway that intersects Public Road #1 on the east side of the roadway approximately 75 -feet south of Franklin Road. Ensure that a tangent length of 50 -feet (minimum) is met on Public Road #1 before a driveway is constructed. 7.8 Construct a 28 -foot wide driveway that intersects North Ward Avenue on the east side of the roadway approximately 104 -feet south of Franklin Road, as proposed. 7.9 Construct a 28 -foot wide driveway that intersects North Ward Avenue on the west side of the roadway approximately 98 -feet south of Franklin Road, as proposed. Exhibit B Page 8 7.10 Construct a private road/service drive (or public road if the City of Meridian would like a public road) that intersects Public Road #2 at the eastern end of Public Road #2 and extends to the south to serve Lot 19. 7.11 Construct a private road/service drive (or public road if the City of Meridian would like a public road) that intersects Public Road #2 at the eastern end of Public Road #2 and extends to the south to serve Lot 19. 7.12 Construct a 20 -foot wide "service road" that extends from the west property line to Public Road #1. This service road will function as a private alley, as proposed. 7.13 Franklin Road is classified as a minor arterial. Other than the two public roadways that have specifically been approved with this application, direct lot access to Franklin Road is prohibited. A note stating the access restrictions will be required on the final plat. 7.14 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.15 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.16 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.17 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.18 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.19 Comply with the District's Tree Planter Width Interim Policy. 7.20 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. 7.21 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. 7.22 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. 7.23 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. 7.24 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. Exhibit B Page 9 0 • 7.25 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 DIGLM (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.26 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.27 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 Page 10 C. Legal Description 0 doiborn trite conSUItin , 11c gensi seers & ; urjL-yc;rs 00 MOM CWM Reed Bad K arm 4" 376 -SM Fac (209) 429-9m Project No. 2246 CENTRE, LLC HARKS CANYON CREEK SUBDIVISION CC REZONE BOUNDARY DESCRIPTION • Oftber 13, 2005 A PARCEL OF LAND IN THE WEST U2 OF THE NORTHEAST 1/4 OF THE NORTHEAST1/4 OF SECTION 14, T. 3 N., R. 1 W., BX, ADA COUNTY, IDAHO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM°MENCING AT THE NORTHEAST CORNER OF SAID SECTION 14, THENCE N 891317" W ALONG THE NORTH BOUNDARY OF SAID SECTION 14 AND THE CENTERLINE OF FRANKLIN ROAD FOR A DISTANCE OF 664.47 FEET TO THE EAST BOUNDARY OF THE WEST In OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, THE REAL POINT OF BFXEWIING; THENCE CONTMMG N 89°13'IT' W ALONG SAID NORTH BOUNDARY AND CENTERLINE FOR A DISTANCE OF 664.46 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14; THENCE S 00034'18"W ALONG THE WEST BOUNDARY OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF 193.00 FEET: THENCE S 89013'1 T' E FOR A DISTANCE OF 481.16 FEET; THENCE S 00°33'43" W FOR A DISTANCE OF 267.42 FEET; THENCE S 89°13' 17" E FOR A DISTANCE OF 183.34 FEET TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, ALSO BEING THE WEST BOUNDARY OF VAN HEES SUBDIVISION, THENCE N 00°3343" E ALONG SAID EAST BOUNDARY FOR A DISTANCE OF 460.42 FEET TO THE REAL POINT OF BEGINNING, CONTAINING 4.07 ACRES OF LAND, MORE OR LESS. PREPARED BY: TODD R. WAITE P,L.S. C:IlTraj %Vanfh= (2246) dac- I Exhibit C Page 1 Project No. 2246 FRANKLIN CENTRE, LLC SAIW CANYON CREEK SUBDIVISION TNR REZONE BOUNDARY DESCRIPTION October l3, 2005 A PARCEL OF LAND IN THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 14, T. 3 N., R I W., B.M., ADA COUNTY, IDAHO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMM° ' ENCING AT THE NORTHEAST CORNER OF SAID SECTION 14, THENCE N 8913 17" W ALONG THE NORTH BOUNDARY OF SAID SECTION 14 AND THE CENTERLINE OF FRANKLIN ROAD FOR A DISTANCE OF 1328.93 FEET To THE WEST BOUNDARY OF THE NORTHEAST 114 OF THE NORTHEAST U4 OF SAID SECTION 14; THENCE S 00034' 18" W ALONG SAID WEST BOUNDARY FOR A DISTANCE OF 193.00 FEET TO THE REAL POINT OF BEGINNING, THENCE CONTINUING S 00034' 18" W ALONG SAB) WEST BOUNDARY FOR A DISTANCE OF 565.64 FEET; THENCE N 75°07'43" E FOR A DISTANCE OF 689.45 FEET TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHEAST 114 OF THE NORTHEAST 1/4 OF SAID SECTION 14, ALSO BEING THE WEST BOUNDARY OF VAN HESS SUBDIVISION, THENCE N 00°3343" E ALONG SAID EAST BOUNDARY FOR A DISTANCE OF 112.23 FEET; THENCE N 89°13' 17" W FOR A DISTANCE OF 183.34 FEET; TIiENCE N 00°3343" E FOR A DISTANCE OF 267.42 FEET; THENCE N 89'13'17" W FOR A DISTANCE OF 481,16 FEET TO THE REAL POINT OF BEGINNING, CONTAINING 6.08 ACRES OF LAND, MORE OR LESS, PREPARED BY: TODD R WATTE P.L.S C:)PfQJa NVanffm (2246) adoc. I - Exhibit C Page 2 0 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: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to C -C and TN -R. 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, `mixed use regional' is defined as areas where commercial/office and residential uses are transitioned between more intense uses, C -C, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map this is also consistent with the request for a Traditional Neighborhood Residential designation for the mixed use regional designation as a transitional zone. The density proposed with the preliminary plats are consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these transition areas with a request for consistent and transitional densities. 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 attached and detached single family residential products as well as vertically integrated products on the subject site (PP -05-058). 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 office/retail uses would be allowed (permitted) within the requested C -C district and single family residential (townhouse) uses would be allowed (permitted) within the TN -R district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has submitted elevations for the proposed attached commercial and townhouse units these units will be designed and constructed to meet similar architecture to the single family detached residences and approved through the Certificate of Zoning Compliance process. 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 heavier uses south and west of the site in the Ten Mile/1-84 Interchange. 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 provisions. The Commission and Council rely on any oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited Exhibit D Page 1 9 to, school districts; and, The abutting roadway, Franklin Road is within ACHD's Five Year Work Program or CIP (20 -year plan) for road widening and scheduled for 2010. The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. This development will be serviceable by the City of Meridian's sanitary sewer system through future extensions of the sewer and water lines located in Franklin Road. The site lies on a Major Arterial (Franklin Road) and future rights of way have been determined by the commenting jurisdictions. 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 expected for a transitional region between commercial, industrial and residential uses. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On November 10, 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 immediate 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 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. 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 11-511-3.E). If the applicant enters into a Development Agreement (DA) with the City, the Council finds that the annexation and zoning of this propertv to C -C and TN -R would be in the best interest of the City. 2. Preliminary Plat Findings: ~ In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. 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. Exhibit D Page 2 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. ACHD considers road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which 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 maintain, fence, and improve the waterways which are existing on this site. Furthermore the applicant shall define with the Parks Department the location of a multiuse pathway which will further enhance the natural feature of either the Ten Mile Creek. I CUP Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parldng, landscaping and other features as may be required by this ordinance; The Council fords that the subject property is large enough to accommodate the requested use and all other required features. The applicant will be required to submit for specific conditional use permits for projected commercial uses or at a minimum a certificate of zoning compliance ensuring proper application of the UDC. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Please see Annexation Findings Item A above. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; The existing character of the area will, and is, currently changing. However, the Council finds that the applicant is not proposing to alter the structure or character of the property and the use proposed is congruent with surrounding uses and uses that have occurred on the property in the past. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; If all Conditions of Approval contained in Exhibit B are complied with, the Council does not believe that the proposed use will adversely affect other properties in the vicinity. Exhibit D Page 3 E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; The ACHD has submitted conditions of approval for this development as listed in Exhibit B.7 the Council feels that the conditions applied in Exhibit B show that proper services can be provided to the site. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation Findings Items C and D above G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The Council finds that this use will not involve activities, processes, materials, equipment, or operations that will be detrimental to any persons, property, or the general welfare of any persons or property in the area. The proposed use should not produce excessive traffic, noise, smoke, fumes, glare or odors. The Council recommends that the Commission and Council rely on any and all public testimony given regarding this finding. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The conditions of approval listed in Exhibit B and the ACHD comments have addressed that future road connections and roadway extensions shall be designed as not to interfere with the surrounding public streets. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council is unaware of any natural or scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the subject application. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may result in the destruction, loss or damage of a natural or scenic feature(s) of importance of which the Council is unaware. Exhibit D Page 4 • C� April 21, 2006 PP 05-058 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT JBS Enterprises, LLC ITEM NO. 5-C REQUEST Findings of Fact and Conclusions of Law for Approval — Request for Prelim- inary Plat approval of 29 residential lots, 7 commercial lots and 7 common lots on 10.15 acres in proposed TN -R & C -C zones for Harks Canyon Creek Subdivision — 1845 West Franklin Rd. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER APR 21 2006 City Of Medi - -� Ci Clerk ``' , ram nF 1 ?a ' iumo In the Matter of Annexation and Zoning of 10.15 acres to C -C zone (Community Business District) for 6.08 acres of the site and a TN -R (Traditional Neighborhood- Residential) for 4.07 acres of the site AND Preliminary Plat Approval for 29 single family lots, 7 commercial lots, and 8 common/other lots AND a Conditional Use Permit for a mixed use development within 300' of a residential district, for Harks Canyon Creek Subdivision, by Franklin Centre, LLC. Case No(s). AZ-05-054/PP-05-058/CUP-05-051 For the City Council Hearing Date of. April 25, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 25, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 25, 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 April 25, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-054/PP-05-058/CUP-05-051- PAGE 1 of 4 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 10, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October 2005 is hereby conditionally approved; and, 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 29, 2005 is herby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 25, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-054/PP-05-058/CUP-05-051- PAGE 2 of 4 and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 25, 2006 �h By action of the City Council at its regular meeting held on the day of 2 .2006. ff -if- COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED4*&, COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED__�� TIE BREAKER MAYOR TAMMY de WEERD VOTED oA —2YOR de WEERD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-054/PP-05-058/CUP-05-051- PAGE 3 of 4 9 • ,ee����s��seuiieaaee�BPe ATTEST: WILLIAM G. BERG, JR., ITY CLERIC-, es�aq ��p80eaeaasa oaaaa�a�z�a Copy served upon: Applicant Planning Department By 4itClerk's Office ✓ Public Works Department City Attorney Dated: 5- -� -®LP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-054/PP-05-058/CUP-05-051— PAGE 4 of 4 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 STAFF REPORT Meridian City Council Hearing Date: April 25, 2006 City Council hearing date: April 7, 2006 City Council hearing date: March 7, 2006 City Council hearing date: February 7, 2006 TO Meridian City Council FROM: Meridian Planning Commission STAFF: Joe Guenther, Associate City Planner SUBJECT Harks Canyon Creek Subdivision AZ -05-056 NOV,, IDAHO APR 2 � 2006 City Of Meridian City Clerk Office Annexation of 10.15 acres from RUT to 4.07 acres C -C (Community Business) and 6.08 acres TN -R (Traditional Neighborhood Residential) PP -05-058 Preliminary Plat for 29 Single-family residential lots 7 commercial lots and 8 other lots CUP -05-051 Conditional Use Permit for a mixed use development within 300' of a residence 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting annexation and zoning of 10.15 acres of land that is currently zoned RUT in Ada County. The applicant is seeking a C -C zone (Community Business District) for 6.08 acres of the site and a TN -R (Traditional Neighborhood- Residential) for 4.07 acres of the site. The applicant has submitted a preliminary plat for the subject property requesting 29 single-family residential lots, 7 commercial lots and 8 common/other lots for the 9.47 acres plat. The applicant has also submitted a conditional use permit for a mixed use development within 300' 2. SUMMARY RECOMMENDATION: Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved unanimously to recommend approval. a. Summary of Public Hearing: i. In favor: Jane Suggs, JBS Consulting ii. In opposition: None. iii. Commenting: None iv. Staff presenting application: Joe Guenther, Associate City Planner v. Other staff commenting on application: Mike Cole, Development Services Coordinator. b. Key Issues of Discussion by Commission: i. — Location of the site in relation to industrial uses on Franklin Road ii. — Lot 19 Block 1, the open space lot south of the site which will be for future development. iii. - Lot 5 Block 1 will be reconfigured from one lot to approximately five lots which the east/west portions will be service drives and the north/south portions will be either public or private streets for future connection to Lot 19. c. Key Commission Changes to Staff Recommendation: Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 1 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 i. Public Works Condition 2.15 shall read "All development improvements for each phase of this development, including but not limited to sewer, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. ii. Planning Condition 1.11 shall read Lot 21 instead of Lot 22. d. Outstanding Issue(s) for City Council: i. —None. 3. PROPOSED MOTION (to be considered after the public hearing) Approval (All applications) I move to approve File Numbers AZ-05-054/PP-05-058/CUP-05-051 as presented in staff report for the hearing date of April 25, 2006 and the preliminary plat dated October, 2005 with the following modifications to the conditions of approval: (add any proposed modifications) Denial (All applications) I move to deny File Numbers AZ-05-054/PP-05-058/CUP-05-051 as presented in the staff report dated April 25, 2006 and the preliminary plat dated October, 2005 for the following reasons: Continue (All applications) I move to continue the public hearing for items number AZ-05-054/PP-05-058/CUP-05-051 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: South of Franklin Road, and West of Linder Road – Approximately 10.3 acres of an irregular shape in the NW % of the NE 1/ 3N1 W S14 b. Owner Franklin Centre, LLC 1767 W. Franklin Road Meridian, Idaho 83642 c. Applicant: Jane Suggs JBS Enterprises, LLC 200 Louisa Street Boise, Idaho 83712 d. Representative: Jane Suggs, JBS Enterprises, LLC e. Present Zoning: COUNTY -RUT f. Present Comprehensive Plan Designation: Mixed Use Regional, Multi -Use Pathway, 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit Al): October, 2005 2. Date of landscape plan (attached as Exhibit A2): October 31, 2005 h. Applicant's Statement/Justification: The proposed mixed use project complies with the City's designation of Mixed Use Regional where the C -C district allows for smaller commercial operations which will be paired with the TNR district which allows for residential densities up to 8 dwellings per acre. We believe the use of the project will Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 2 0 . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 provide a development which will complement the surrounding land uses and will include many amenable features such as detached sidewalks, extensive open space, future multi -use pathway, a pond, and use the integrated home office designs of the TNR district. 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 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 5 and Chapter 6, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: January 16, 2006 and January 30, 2006 c. Radius notices mailed to properties within 300 feet on: January 13, 2006 d. Applicant posted notice on site by: January 27, 2006 6. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: Agricultural/Urbanizing c. Adjacent Land Use and Zoning 1. North: Caffarelli Subdivision I -L, Franklin Road 2. East: Harks Corner C -C, Linder Road 3. South: Whitestone Estates, R-4, Ten Mile Creek 4. West: Agricultural Ada County RUT and RI d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of main located in the southwestern corner of this property. Location of water: Extension of mains in Franklin Road Issues or concerns: The sewer flows to the Whitestone lift station. The applicant shall be responsible for any upgrades that may be required. 2. Vegetation: Agricultural/Inigated 3. Flood plain: Ten Mile Creek — Mainly contained within the banks 4. Canals/Ditches Irrigation: Ten Mile Creek 5. Hazards: Floodplain 6. Proposed Zoning: TN -R and C -C 7. Size of Property: 8. Description of Use: Common Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 10.15 acres Residential, 29 Single Family detached, 7 Commercial, and 7 PAGE CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 f. Subdivision Plat Information 1. Residential Lots: 29 2. Non-residential Lots: 7 3. Total Building Lots: 36 4. Common Lots: 5 5. Other Lots: 3 6. Total Lots: 43 7. Open Lots: Lot 21 Block 3 is the main pond/common lot. Lots 9, 12 Block 2 and Lots 10, 14 Block 3 are internal common lots within the residential component 8. Gross Density: 9.84 units per acre shown (2.94 acres by 29 SF) — (Build out for TN -R as presented in conceptual plan shows 79 units on 6.08 acres for 13.0 du/a) g. Landscaping 1. Width of street buffer(s): 25 feet required for Franklin Road (25 feet shown) 2. Width of buffer(s) between land uses: 25 feet commercial to residential (15 feet shown to the residence west of the site) (5 feet proposed C -C to TN -R) 3. Percentage of site as open space (PP application): .44 acres or 4.3% open space (future lot 19 Block 3 not included and parkway calculations not included) 4. Other landscaping standards: Retain existing healthy vegetation; rehabilitate the natural vegetation/habitat cover along the Ten Mile Creek to Park Department and NMID standards; or development of a multiuse pathway across to possible cooperation with the Parks Department f Whitestone Estates Subdivision h. Amenities The applicant is proposing amenities in open space and pond with Gazebo, parkway streets. i. Proposed and Required Residential Standards C -C (Standards) TN -R (Standards) Setbacks (measured from back of sidewalk) Proposed Drafted Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 4 Proposed Required Front 0 0 Interior side 0 0 Street landscape buffers Local 10 10 Arterial 25 25 Landscape Buffer to residential uses 5/15 25 Maximum building height 50 50 TN -R (Standards) Setbacks (measured from back of sidewalk) Proposed Drafted Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 4 ! i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 Minimum front setback Alley accessed properties 10 Minimum front setback Street accessed properties 20 to garage 10 to living area Minimum rear setback Alley accessed properties without parking pad 5 Alley accessed properties with parking pad N/A Street accessed properties 12 Minimum side setback Property lines adjoining unattached walls 4 Property lines adjoining attached walls 0 Minimum side street setback Alley 5 Local Street 10 Collector N/A Street Landscape Buffer Local Street Arterial Maximum building height 8 parkway with Class H trees or tree wells w/8' sidewalk j. Proposed and Required Non -Residential 25 40 10 20 10 5 20 12 4 0 5 10 20 8 25 40 Commercial lots shall conform to the use requirements of the C -C district and shall receive a certificate of zoning compliance for all uses, See exhibit B. Non-residential lots in TN -R district are to be used for amenities and open space only. k. Off -Street Parking (Multi -Units): 1. Parking spaces required: 2 for each unit, (29) TNR attached units; 58 stalls req. 2. Parking spaces proposed: 29 minimum covered stalls are shown as conceptual, 24 on street parking stalls are provided. 3. Compact spaces proposed: 0 4. Off-site parking proposed: No I. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to Franklin Road is to be prohibited. Access to future development is as proposed with pubic stub streets at multiple locations to the east. Potential commercial cross access through the C -C district lies both east and west at the shown parking lots. An additional stub street to the east at "public road No 2" will not be required. The applicant has agreed to make all changes as required by the attached ACHD staff report. The Meridian Police and Fire Departments have submitted requirements which exceed the standards as recommended by the UDC PIG Committee for the TN -R district. The Planning Department is recommending approval of the minimum standards as set forth Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 by ordinance in the TN -R District. For a detailed report on the public streets and access points to public streets, please the attached staff report from the Ada County Highway District (Exhibit C). 7. AGENCY COMMENTS MEETING On November 100'2005 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use Regional' on the Meridian Comprehensive Plan Future Land Use Map and the applicant has generally drawn the annexation requests for the TN -R and C -C district to meet the goals of the Mixed Use Regional District. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU -R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. The proposed density (9-13 d.u./acre) is within minimum target density of 8 to 15 d.u./acre for Traditional Residential Neighborhoods within a mixed use development, staff finds that the proposal conforms to this stated purpose and intent. Higher density subdivisions north and west of Linder Road have provided smaller lots in the "High and Medium Density Residential" areas which have been at or above eight dwelling units to the acre. Other subdivisions south and east of the site along Linder Road and Franklin Road have been closer to the 3 to 5 d.u./acre with zoning designations of R-8 or primarily R-4. Similar projects to the Traditional Neighborhood concept Franklin and Ten Mile Roads vicinity have Commercial designations (Neighborhood Commercial, Community Business, and Limited Office) under the Meridian City Code where a mixed commercial/residential product was not available under the Meridian City Code, but is being applied through the TN -R District. The properties east of the site at Harks Corner are also zoned C -C where the restaurant/bar uses share the existing water feature amenity on the site. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal 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 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). Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 6 • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 The northern roadway adjacent to the subject lands is currently owned and maintained by the Ada County Highway District (AChD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning 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) In accordance with this Goal and Action Item, the applicants design only allows collector (commercial/local street) road access to Franklin Road. These collector roads are designed with landscape lots and oriented as to only allow vehicular traffic flow to the public road system. No lots within Harks Canyon Creek Subdivision are provided lot access to a collector or arterial street. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Staff finds that the site is designated for MU -R on the Comprehensive Plan Future Land Use Map. Although a wide range of commercial uses has not been planned for this property, the identity ofMU--R in the area of the Ten Mile Interchange would tend to become more commercial as the area transitions to the future interchange. The project integrates a residential/Community Business component into the design and stajffinds the TNR products provide an appropriate transitional use to the more intense commercial uses along Franklin Road. More intense commercial/high density developments are anticipated for the Ten Mile Interchange and the TN -R complements existing uses in Harks Corner and buffers the Community Business aspects closer to Franklin Road from the residential uses south of the site. Therefore Harks Canyon Creek Subdivision meets the general policies for the mixed use regional comprehensive designation. • Chapter VII, Goal I, Objective B, Action 5: Locate new Community Business areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Franklin Road is classified as arterial roadway. The applicant is proposing access from the adjoining areas from micro paths, sidewalks and shared (cross access) streets which will provide future connection to residential/commercial areas east, west and south of the site along Franklin Road and across the Ten Mile Creek. Staff believes that the Traditional Neighborhood areas proposed compliment the existing and planned residential areas in the vicinity. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 corridors (Franklin Road and Linder Road). • "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 25 foot wide landscape buffer with a perimeter fence and dense vegetation along Franklin Road. The applicant is also proposing to construct a 15 foot wide landscape buffer along the western boundary where there is an existing single family residence. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. See Site Specific Condition in the Preliminary Plat section below in Exhibit C. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The additional rights of way for Franklin Road will be large enough to accommodate future pedestrian walkways and possible bicycle lane as well as interconnection of sidewalks along arterial roads. The urban design of the TN -R district includes larger open spaces integrated into the front yards of all blocks in this district. These larger open spaces will all include pedestrian traffic routes connected to the arterial roadways. The applicant has indicated that a bridge will be provided for access to the south through Whitestone Estates where thefuture Ten Mile Creek Multi -use Pathway will be located. The applicant shall bond for the multiuse pathway and bridge with this development to ensure compliance with the future pathway system. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The properties adjacent to the subject site are designated for a wide variety of uses. North of the site is planned for Industrial uses, east and south of the site are existing commercial/residential developments not expected to change, and west and south of the site are continuations of the mixed use regional uses on the Comprehensive Plan Future Land Use Map. The project provides a transition from the intense commercial and industrial uses along Franklin into a mix of residential densities from the C -C District to the TN -R District. • Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium Density Residential on the Meridian Future Land Use Map which identifies this area as an appropriate area for residential development. This proposal meets the Comprehensive Plan definition of medium density, with a gross density of 9 to 13 dwelling units per acre. Staff has reviewed Harks Canyon Creek Subdivision under the Traditional Neighborhood Residential designation which supports residential densities from 8 to 15 dwelling units to the acre (PIG Group recommendations). Staff anticipates the housing types for Harks Canyon Creek Subdivision to be very diverse due to the lot sizes, Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 attachments and varying integrated designs. These projects as a neighborhood meet the variety needed to be offered within residential designations. The project also concentrates the higher density housing within the TNR district and transitions to a larger open space area as the subdivision flows south and into the R-4(medium density) designation. • "On -street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI -5) Figure VI -5 on page 57 of the Comprehensive Plan designates a bikeway on all collector roads and arterials. The proposal will provide a local road connection from the site to Franklin Road which will provide interconnection to future collector streets. Interconnectivity between subdivisions will also provide for a multiuse pathway connection through Subdivision for pathway access to the Ten Mile Creekpathway systems. The subject Property lies within the immediate vicinity for a parklpathway connection in the area north of I-84 and Linder Road and future connection all the way to I-84 along the Ten Mile Creek. Currently no pathway exists in the near vicinity. No bike lane is proposed for Franklin Road. See ACLID report. The following standard applies for all Mixed -Use Regional developments proposed within 300 -feet of an existing residence or school require a conditional use permit. (Chapter VII, Pgs 97-98) The applicant has submitted a Conditional Use Permit CUP -05-051 to comply with this section. The applicant's conceptual plan provides for an additional fifty units shown as condominiums as well as future open space and a pathway connection along the Ten Mile Creek. Staff supports the conceptual site plan dated July 19, 2005 as submitted but will require assurances that the future amenities will be provided in a timely manner as to be able to be used by future residences contained within the associated plat. Stafffands that the proposed zoning and subsequent uses (Community Business /single family homes) will be paenerallv harmonious with and in accordance with the Comprehensive Plan 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: 11-2D-2 (TNR) lists Single Family Residential (attached and detached) as permitted uses in the TNR and C -C zoning districts. Furthermore, limited office/commercial uses are allowed in the TNR district, also listed in UDC 11-2D-2. 11-2B-2 (C -C) lists many limited commercial uses as permitted as well as many more intense uses as conditional in the Community Business district. b. Purpose Statement of Zone: COMMUNITY BUSINESS DISTRICT (C -C) the purpose of the commercial districts is to provide for retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and the mix of allowed commercial uses, and the location of the district in proximity to the streets and highways: Community Business Districts offer allowed uses of Larger scale and broader mix of retail, office, and service uses with access to arterials or nonresidential collector streets. TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT (TN -R): The purpose of the TN -R District is to provide for a variety of residential land uses including attached and detached single-family Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 residential, duplex, townhouse, and multifamily. A TN -R District includes open spaces and promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density of the TN -R District is fifteen (15) units per acre. The minimum density is six (6) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN -R District should be generally located: adjacent to a TN -C District, along a transit corridor, or within a mixed use neighborhood. For the purposes of this Title, the term residential district shall also include the Traditional Neighborhood Residential District. c. Traditional Neighborhood standards: UDC 11-2D-6 — The standards of the Traditional Neighborhood District are to be negotiated by the Planning Commission and the City Council. The following is a draft of standards developed by the 2005 Process Improvement Group (PIG) group. Options for Street Sections in the TN -R District: The width of the allowed street section shall be determined by how the properties are accessed and whether or not a parking pad is provided that has minimum dimensions of twenty feet (20') by twenty feet (20') as measured from the paved surface of the alley or street to the face of the garage door. 1. For alley accessed properties that provide a parking pad, the following shall apply: a. The parking pad must meet the dimensional standards noted above. b. All alleys shall have a twenty -foot (20') right-of-way with a minimum of sixteen feet (16') of paving. c. The applicant shall be allowed to have a reduced street section of twenty-nine feet (29') (measured from back -of -curb to back -of -curb) with parking on both sides. 2. For alley accessed properties that do not provide a parking pad, the following shall apply: a. All alleys shall have a twenty -foot (20') right-of-way with a minimum of sixteen feet (16') of paving. b. The applicant shall provide a street section of thirty-three feet (33') (measured from back - of -curb to back -of -curb) with parking on both sides. The requirement for off-street parking as set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances. c. The applicant may request a street section of twenty-nine feet (29') (measured from back - of -curb to back -of -curb) with parking on one side where the street only provides residential access on one side of the street. For example, where one side of the street has homes on it and the other side of the street is a dedicated open space lot. Such request shall be approved by Council with the preliminary plat. The requirement for off-street parking as set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances. 3. For street accessed properties, the following shall apply: a. Although street accessed properties are allowed in this district, it is anticipated that only properties on the perimeter of a TN -R development would be street accessed. The applicant shall demonstrate that the design meets the purpose statement of the TN -R district. b. All street accessed properties must provide a parking pad as detailed above. c. The applicant shall be allowed to have a reduced street section of twenty-nine feet (29') (measured from back -of -curb to back -of -curb) with parking on only one or on both sides. 4. Block lengths shall meet the standards as set forth in Section 11 -6C -3F2. Although block lengths are allowed to exceed five hundred feet (500') when a pedestrian pathway is used to break up the block, it is anticipated that most blocks will not exceed the five hundred -foot (500') requirement. The applicant shall demonstrate that the design meets the purpose statement of the TN -R district. Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 10 0 J CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 In addition to the standards as set forth in Section 11-3A-7, the following restrictions shall apply to fencing within the TN -R district: 1. Front yard. Fences shall be wrought iron or similar of similar quality and appearance and shall be no greater than three feet (3') in height. 2. Side yard. a. Side yard fences that follow the side yard property line shall only be allowed where the side setback is five feet (5) or greater. The portion of a side yard fences that extend from the building to the side yard property line shall be setback two feet (2') behind the enclosed portion of the front of the building. b. Side yard fences that extend from one building to an adjoining building are allowed where the adjoining houses have use easements on the side yard area. Such fences shall be setback two feet (2') behind the enclosed portion of the front of the building adjoining the fence. 3. Rear yard of alley accessed properties. Fences shall be setback a minimum of seven feet (7') from the alley (measured from back of paved surface of the alley). 4. The maximum fence height shall not exceed six feet (6'), subject to the provisions set forth in Sections 2 and 3 below. 5. On corner properties, the maximum fence height in the required street side yard shall be six feet (6') above the grade (as measured at the property line), and the minimum setback shall be ten feet (10') from the street side property line. See Figure 11-3A-3. 6. Where the rear yard of one property adjoins the front yard of another property, the fence along the rear and side yards where they adjoin the adjacent front yard shall be flush or angled at forty-five (45) degrees to provide continuity with the adjoining fence and property line. See Figure 11-3A- 3. 7. Additional height shall be allowed for arbors, arches and/or other architectural appurtenances extending over gates and/or other entryways Such appurtenances shall not exceed five feet (5') in width and/or eight feet (8') in height. 8. Additional height shall be allowed for gate posts. Such gateposts shall not eight feet (8') in height. Lighting. In addition to the standards as set forth in Section 11-3A-11, the following standards shall apply within the TN -R district: All dwelling units shall have a minimum of two (2) lights at the front of the unit. All dwelling units on alley accessed properties shall have a minimum of two (2) lights along the alley. All lighting required in this section shall be on a photocell that activates the lighting at dusk and turns it off at dawn. 10. ANALYSIS 10a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE I 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 Development Code, 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 October 13, 2005 by Todd R. Waite, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1.5 UDC 11 -5B -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 mixed use nature of the commercial/office/residential uses the size and scope of the project, the undetermined location of amenities, pathway location, undeveloped areas of Lot 19 Block 3 and the variable standards of the TN -R district as defined by the Meridian City Unified Development Code staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan desipation and does not negatively impact nearby properties If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary, at 888-4433 within 18 months of Council approval to initiate this process The DA shall incorporate the following: • That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance 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 Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 12 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • The applicant shall provide a surety agreement for of the construction of the multi -use pathway and bridge in accordance to UDC 11-5C unless a development application has been submitted for Lot 19 Block 3 prior to the issuance of the first certificate of occupancy in Harks Canyon Creek Subdivision. • The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Ten Mile Creek. • The applicant shall maintain Lot 19 Block 3 in a state free of accumulation of junk, noxious weeds, and shall fence the perimeter of Lot 5 Block 3 to limit public access to the waterway. • The applicant has agreed that all of the TN -R residential units will be constructed with fire sprinkler systems to mitigate for the 5' setback to alley required by the Meridian Fire Department as discussed on April 4, 2006. • That the applicant shall provide trash pickup/refuse pads at the end of the dead end — shortened alley as shown on the site plan and discussed on April 4, 2006. 2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: Connectivity (future developments): Local stub streets for future development west of the site shall connect from "Public Street #2" west of the site at the location shown. Cross access shall be provided to the property west of the site adjacent to Lot 1 Block 1 from the parking lot as shown. Cross access shall be provided to the property east of the site adjacent to Lots 22 and 23 Block 3 from the parking lot as shown to connect with the existing Harks Corner Development. An additional public or private street to the south shall be provided in the general location of Lot 5 Block 3. The public or private street shall be for addressing and unobstructed access to future development in Lot 19 Block 3. See Exhibit B below. No direct access will be allowed to Franklin Road. 2.2. Landscaping_ Staff is generally supportive of the landscaping design with the following considerations: The 25 feet of right-of-way landscaping on Franklin Road shall be maintained by the Business Owners Association. The landscape buffers along these arterials shall be designed in accordance to UDC 11-3B-7. The landscape buffer shall be measured from the back of sidewalk if attached sidewalks are used. Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 The landscaping along Franklin Road shall be installed prior to final plat signature. The landscaping along Franklin Road shall be contained in a separate lot or on a permanent easement which will be maintained by the business owners association. Common Lot 22 Block 3 shall be maintained by the business owners association and not by the home owners association. All parkway trees shall be Class II trees. All parking lots adjacent to the TN -R district shall provide a minimum of one tree at the end of each parking aisle; the parking lot landscaping shall comply with the design standards as listed in UDC 11-313-8. The applicant is not showing the required 25' landscape buffer between uses in this location. The applicant shall revise the site plan to reflect the required buffers or submit a new landscape plan with an application for alternative compliance to the director. If the director fails to approve the request for alternative compliance the applicant shall provide the required landscape buffers as detailed in UDC 11-313. See Exhibit B. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. 2.3 Tree Mitigation: ion: 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. Nampa Meridian Irrigation District has adjacent laterals on this site but has not commented on the proposal. Staff has applied the standard NMID conditions to this site. 2.5 Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-313-6. See Site Exhibit B below. 2.6. Fencing: The applicant is not showing fencing on the submitted amenity and landscape plan. A detailed fencing plan shall be submitted upon application of the final plat or prior to City Council if required. 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 Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 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. The landscape architect shall draft the landscape plans to meet the standards of UDC 11-3B. See Exhibit B, Condition 1.5 The Meridian Police and Fire Departments have indicated that fencing shall have gates and there shall be no side yard fencing, the fencing requirements shall comply with the standards of UDC 11-3B. Perimeter fencing shall be designed according to UDC 11-3B and maintained by the adjacent (home/business) owners association. Temporary fencing shall be provided along Lot 5 Block 3 until a development application for Lot 19 Block 3 is approved. All fencing along the Ten Mile Creek shall be installed with non-combustible materials. 2.7 Unimproved Ri t -of --Way: 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 Franklin road widening is in the ACHD Five Year Work Program and is scheduled for widening in 2010. The remainder of the unimproved right-of-way should be landscaped with lawn or other vegetative groundcover. Franklin Road abutting this site appears to meet the warrants for the 10 -foot wide gravel shoulder requirement listed above. Therefore, the applicant should be required to construct a 10 -foot wide gravel shoulder on Franklin Road, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. 2.8 Multi -Use Pathway: The applicant is not showing but will be required to install a multiuse pathway in accordance to the Comprehensive Plan and installed according to UDC 11-3A-8 along the Ten Mile Creek in a location to be agreed upon with the Parks Director and Nampa Meridian Irrigation District. Currently, NMID owns the property upon which the applicant is proposing to install the pathway. All NMID standard conditions shall be applied to this site and all pedestrian access easements shall be enacted. Staff has required the applicant to bond for improvements to the multi -use pathway with this application. The pathway connection is listed as an amenity to the residents of the site and will be essential for pedestrian connection from the school site, Whitestone Estates, and Mallard Landing Subdivisions south of the Ten Mile Creek. Therefore, the pathway shall be a priority to be completed as soon as practical with the future development of Lot 19 Block 3. 2.9 Private Streets: The applicant is proposing to use Lot 5 Block 3 to provide future access to Lot 19 Block 3. Staff will require at a minimum the North/South legs of Lot 5 Block 3 to be a private street (if not public) to provide addressing and maintained connections to the future residential area south of Lot 5 Block 3. The applicant has not submitted a Private Street application as required by UDC 11-3F-3. The private street standards are listed in UDC 11-3F. The applicant shall design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F Private Streets and UDC 11-2D Traditional Neighborhood Residential. See Exhibit B Condition 1.11 The Meridian Fire and Police Departments are requesting a minimum of 24' paved sections for alleys which shall not apply to the TN -R districts as this would exceed the standards set forth by ACHD and the Process Improvement Group for the TN -R district. Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 15 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 2.10Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 4.3% of qualified open space which does not meet the requirements of a minimum of 5% open space. The applicant has provided landscaped Parkways in compliance with UDC 11-3G-5 but these calculations have not been provided by the applicant and not added to the overall required open space. Staff is confident that the minimum of 5% has been provided with the presented design but with the off site improvements and parkway streets 2.11 Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: 11 -3G -3C-1 — Quality of life amenities — Picnic area/Gazebo in Lot 22 Block 3 11 -3G -3C-2 — Recreation amenities — None shown at this time, however the applicant is proposing to tie the landscaping and pathway improvements to the Ten Mile Creek pathway system to this development. 11 -3G -3C-3 — Bicycle circulation amenities — Several blocks are connected with an internal 5' pathway which will be required to connect to the required Multi -use Pathway along the Ten Mile Creek. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Harks Canyon Creek (Home or Business) Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. 2.12Traditional Nei boyhood Residential: The standards as defined in the TNR district UDC 11-2D-6 are currently defined as "determined by Council upon annexation and/or rezone". The standards listed under section 8 of the Harks Canyon Creek Staff report dated January 5, 2006 have been drafted by a working group specifically for TN -R projects to be used as a guideline. The applicant has designed the project in accordance to these standards and shall comply with the street sections, dimensional standards, lighting and fencing requirements as contained in this report. 2.13 Street Sections: Conditions 3.23 and 3.09 of Exhibit B from the Meridian Fire Department Conditions of Approval will not apply to the street sections within the TN -R District. These standards exceed the street sections proposed by the UDC process improvement group. ACHD has reviewed the street sections and if the applicant complies with all ACHD conditions of approval then the street sections will meet all standards as set forth by policy. 10b. Staff Recommendation: Staff recommends approval of AZ-05-056/PP-05-058/CUP-05- 051 for Harks Canyon Creek Subdivision as presented in the staff report dated January 6, 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: October 2005) 2. Landscape Plan (dated: October 14, 2005) 3. Conceptual Site Plan (dated: July 19, 2005) Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 16 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. Ada County Highway District 8. Nampa Meridian Irrigation District C. Legal Description D. Required Findings from Zoning Ordinance Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 17 A. Drawings 1. Preliminary Plat dated: October 2005 Harks Canyon Creek Subdivision Exhibit A Page I 0 / ƒ/ ( Ii / {� 0 • 2. Landscape Plan (dated: October 14, 2005) i UNION j - L i�NlG�D ' v�sxrmss.w+b I PM®9 1' 11 d tt 9 rmm rra ra+ f Ws¢mO fC{ n to.mx®4mrna xmommm rm c�xu N m.tmnrm rm rs. m t ���r�mamgam \ xnmc�rmxa�"ny".m'md�� dbdo..�p n a�mrbbbrmwx \ LArOb�yaMf OI® � x yoempuyegmymrmarsp. d rbaimrtrtre�nxm+aemm �Tn4uombr�..u.v j Q�.oemrwuaomVm Harks Canyon Creek Subdivision Exhibit A Page 2 I Cfeek � PYn �v xmvam 11 B. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT • 1.1 The preliminary plat labeled as Preliminary Plat dated October 2005 prepared by Claiborne Waite Consulting, Inc. is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -05-056) and Conditional Use (CUP -05-051) shall also be considered conditions of the Preliminary Plat (PP -05-058). 1.2 The applicant has proposed a 25 -foot landscape buffer along Franklin Road. The Landscape buffer shall be designed and installed in accordance to UDC 11-313-7 and certified as installed prior to final plat signature (UDC 11 -3B -14B-3. The sidewalks within the buffer shall be placed as to line up with future buffers in neighboring developments. 1.3 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to the arterial roads of Franklin Road as required by ACHD. A note shall be placed on the final plat restricting access to Franklin Road 1.4 The applicant shall provide cross access to all commercial lots within the subdivision and to the property west of the site adjacent to Lot 1 Block 1 and to the east from Lots 22 and 23 Block 3 as required by ACHD. 1.5 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the changes required by this report. The submitted landscape plan prepared by Terry Hammon, A to Z Sprinkler and Landscaping., dated October 14, 2005 is not approved until re -submitted with changes outlined in this report and in compliance with UDC 11-3B. 1.6 The applicant shall revise the site plan to reflect the required buffers or submit a new landscape plan with an application for alternative compliance to the director. If the director fails to approve the request for alternative compliance the applicant shall provide the required landscape buffers as detailed in UDC 11-3B. 1.7 Maintenance of all residential common areas shall be the responsibility of the Harks Canyon Creek Subdivision Homeowners' Association. (Lots 9 and 12 Block 2, Lots 10 and 14 Block 3) 1.8 Maintenance of all other common areas shall be the responsibility of the Harks Canyon Creek Subdivision Business Owners Association. (all required street and use buffers, with Lot 21 Block 3) 1.9 For alley accessed properties that do not provide a parking pad, the following shall apply: a. All alleys shall have a twenty -foot (20) right-of-way with a minimum of sixteen feet (16') of paving. b. The applicant shall provide a street section of thirty-three feet (33') (measured from back - of -curb to back -of -curb) with parking on both sides. The requirement for off-street parking as set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances. c. The applicant may request a street section of twenty-nine feet (29') (measured from back - of -curb to back -of -curb) with parking on one side where the street only provides residential access on one side of the street. For example, where one side of the street has homes on it and Exhibit B Page 1 0 0 the other side of the street is a dedicated open space lot. Such request shall be approved by Council with the preliminary plat. The requirement for off-street parking as set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances. 1.10 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the City and the Irrigation District(s). 1.11 If the southerly directed portions of Lot 5 Block 3 are not dedicated to the public, the applicant shall at a minimum submit a private street application to the Planning Director with the Final Plat application if the applicant chooses to provide private streets for future connection to the south along Lot 5 Block 3. 1.12 The applicant shall contact the Meridian Parks Director to define a location for the Multi -Use Pathway along the Ten Mile Creek as shown on the Meridian Comprehensive Plan. 1.13 The applicant shall install a Multi -Use Pathway along the Ten Mile Creek or other location as agreed upon by the Meridian Parks Director construction shall be in accordance to the standards as listed in UDC 11-3A-8. 1.14 The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. 1.15 All road drainage shall be contained on site in the drainage swales/areas as depicted. 1.16 The applicant shall comply with the dimensional standards, street sections, lighting, and fencing requirements as outlined in this staff report for the Traditional Neighborhood Residential District. There shall be no modifications to the dimensional standards of the C -C Medium Density Residential District or other operating standards as contained in the Meridian Unified Development Code. 1.17 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.1.8 The applicant shall be allowed a 5' alley setback to garage/structure for all TN -R lots. GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.18 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. 1.19 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 Exhibit B Page 2 debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.20 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. 1.21 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 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. 1.22 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. 1.23 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B. 2. Public Works Department 2.1 Sanitary sewer service to this development is to being proposed via extension of mains stubbed in the southwestern portion of this property. These mains flow to the Whitestone lift station. The applicant shall be responsible for any upgrades to the lift station that may be required to handle the extra influent. 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 Water service to this site is being proposed via extension of mains in Franklin Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The applicant 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. 2.5 The applicant has indicated the pressure irrigation system in this proposed development is to be an extension of a private system in Harks Corner. 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. Exhibit B Page 3 2.6 Prior to signature on the plat by the City Engineer the applicant shall submit a signed agreement granting permission to use the existing private pressurized irrigation pump station. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11 -3B -6D). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 All existing structures not meeting new setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.9 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. 2.10 If the stub streets to the south are going to be private streets, then Public Works will review and inspect the storm drainage systems. The applicant will be responsible for all review and inspection fees associated with this. 2.11 If this project is to contain private streets, the applicant shall address maintenance of the private streets prior to signature on final plat by the City Engineer. 2.12 As each commercial lot develops they shall be required to retain storm runoff on site. 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. 2.13 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. 2.14 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. 2.15 All development improvements for each phase of this development, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.16 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. 2.17 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. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting Exhibit B Page 4 that may be required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. 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 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works 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. 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 Exhibit B Page 5 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 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.11 The proposed 29 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 87 residents at build out. 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 7 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.14 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. 3.15 Maintain a separation of 5' from the building to the dumpster enclosure. 3.16 Provide a Knox box entry system for the complex prior to occupancy 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.19 R-2 occupancies with 3 or more units shall be required to be fire sprinkled, unless specified by the UDC. 3.20 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.21 Gates shall be provided on the front and rear of the property, if fenced. 3.22 Side yard fences shall not be allowed in the C -C district. Exhibit B Page 6 • • 3.23 Alleys shall be at least 24 -feet wide and there shall be no parking on alley streets. 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 for fencing on common lots. 4.2 The applicant shall submit a revised landscape plan for the commercial areas, which uses walkways and landscaping to direct visitors to the main entrance and away from private areas. 4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the Final Plat, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.4 The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.5 The loading areas shall be separated from all public parking areas. 4.6 Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 5. Parks Department 5.1 Ordinance (UDC 11-3B-10) will be followed. 5.2 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.3 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. 5.4 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10.5) will be followed. 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 7.1 Dedicate 45 -feet of right-of-way at the east property line that tapers to 57 -feet in the first 425 -feet west of the east property line. From 425 -feet west of the east property line to the west property line, the applicant should dedicate 57 -feet of right-of-way from the centerline of Franklin Road. abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact Exhibit B Page 7 fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. AND Provide the District with a road trust deposit in the amount of $13,280.00 for the construction of a 7 - foot wide attached concrete sidewalk. OR Dedicate 45 -feet of right-of-way at the east property line that tapers to the west to 48 -feet in the first 425 -feet. From 425 -feet west of the east property line to the west property line, the applicant should dedicate 48 -feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. AND Construct a 5 -foot detached concrete sidewalk within an easement to the District. Locate the sidewalk a minimum of 56 -feet from the centerline of Franklin Road. 7.2 Construct Public Road #1 to intersect Franklin Road to directly align (centerline to centerline) with the driveway on the north side of Franklin Road. 7.3 Construct North Ward Place to intersect Franklin Road approximately 104 -feet east of the west property line, as proposed. 7.4 Construct all of the internal roadways within the subdivision as 36 -foot street sections with vertical curb, gutter and 5 -foot attached (or 4 -foot detached) concrete sidewalks within 50 -feet of right-of- way. If the applicant is proposing to construct striped on -street parking on Public Road #2 construct bulb outs at the intersections that provide a minimum of 24 -feet (measured back of curb to back of curb) at the throat of the intersection and construct the bulb outs to provide an inside radius of 18 -feet (minimum). 7.5 Construct a stub street to the west property line approximately 255 -feet south of the north property line to serve the 2.090 -acre parcel and the 76.232 -acre site to the west, as proposed. Install a sign at the terminus of the roadway stating, "this road will be extended in the future." 7.6 Construct a 28 -foot wide driveway that intersects Public Road #1 on the west side of the roadway approximately 120 -feet south of Franklin Road, as proposed. 7.7 Construct a 12 to 30 -foot wide driveway that intersects Public Road #1 on the east side of the roadway approximately 75 -feet south of Franklin Road. Ensure that a tangent length of 50 -feet (minimum) is met on Public Road #1 before a driveway is constructed. 7.8 Construct a 28 -foot wide driveway that intersects North Ward Avenue on the east side of the roadway approximately 104 -feet south of Franklin Road, as proposed. 7.9 Construct a 28 -foot wide driveway that intersects North Ward Avenue on the west side of the roadway approximately 98 -feet south of Franklin Road, as proposed. Exhibit B Page 8 7.10 Construct a private road/service drive (or public road if the City of Meridian would like a public road) that intersects Public Road #2 at the eastern end of Public Road #2 and extends to the south to serve Lot 19. 7.11 Construct a private road/service drive (or public road if the City of Meridian would like a public road) that intersects Public Road #2 at the eastern end of Public Road #2 and extends to the south to serve Lot 19. 7.12 Construct a 20 -foot wide "service road" that extends from the west property line to Public Road #1. This service road will function as a private alley, as proposed. 7.13 Franklin Road is classified as a minor arterial. Other than the two public roadways that have specifically been approved with this application, direct lot access to Franklin Road is prohibited. A note stating the access restrictions will be required on the final plat. 7.14 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.15 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.16 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.17 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.18 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.19 Comply with the District's Tree Planter Width Interim Policy. 7.20 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. 7.21 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. 7.22 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. 7.23 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. 7.24 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. Exhibit B Page 9 7.25 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 DIGLM (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.26 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada. County Highway District. 7.27 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 Page 10 C. Legal Description • 0 clai am waite consulting,11c eSiYaineem & Surveyors too NOM Caft Rad a ht. am (200) 8a Fax (208) 42-960 Pwied No. 2246 HARKS CANYON CREEK SUBDIVISION CC REZONE BOUNDARY DESCRIPTION Odaber 13, 2005 A PARCEL OF LAND IN THE WEST 112 OF TIDE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 14, T. 3 N, R. 1 W, B.M., ADA COUNTY, IDAHO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 14, THENCE N 89013'17" W ALONG THE NORTH BOUNDARY OF SAID SECTION 14 AND THE CENTERLINE OF FRANKLIN ROAD FOR A DISTANCE OF 664.47 FEET TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, THE REAL POINT OF BEGINMNG. THENCE CONTINUING N 89°13'17" W ALONG SAID NORTH BOUNDARY AND CENTERLINE FOR A DISTANCE OF 664.46 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAD) SECTION 14. THENCE S W*34' 18"W ALONG THE WEST BOUNDARY OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, FORA DISTANCE OF 193.00 FEET: THENCE S 89-13'1 T' E FOR A DISTANCE OF 481.16 FEET, THENCE S 0003343" W FOR A DISTANCE OF 267.42 FEET, THENCE S 89°13' 17" E FOR A DISTANCE OF 183.34 FEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHEAST 114 OF THE NORTHEAST 1/4 OF SAID SECTION 14, ALSO BEING THE WEST BOUNDARY OF VAN HESS SUBDIVISION; THENCE N 00°3343" E ALONG SAID EAST BOUNDARY FOR A DISTANCE OF 469.42 FEET TO THE REAL POINT OF BEGINNING, CONTAINING 4.97 ACRES OF LAND, MORE OR LESS. PREPARED BY: TODD R, WAITE P.L.S C:1P0j"1Vwfh= (2246) d0c-1- Exhibit C Page 1 Ned No. 2246 • Oil I .. R; :x FRANKLIN CENTRE, LLC HARKS CANYON CREEK SUBDIVISION TN -R REZONE BOUNDARY DESCRIPTION October 13, 2005 A PARCEL OF LAND IN THE WEST In OF THE NORTHEAST 1!4 OF THE NORTHEAST 1/4 OF SECTION 14, T. 3 N., R. 1 W, B.M., ADA COUNTY, IDAHO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 14, THENCE N 89°13'1 r W ALONG THE NORTH BOUNDARY OF SAID SECTION 14 AND THE CENTERLINE OF FRANKLIN ROAD FOR A DISTANCE OF 1328.93 FEET TO THE WEST BOUNDARY OF THE NORTHEAST 19 OF THE NORTHEAST 1/4 OF SAID SECTION 14, THENCE S 00°34' 18" W ALONG SAID WEST BOUNDARY FOR A DISTANCE OF 143.00 FEET TO THE REAL POINT OF BEGINNING: THENCE CONTRamo S 00°34' 18" W ALONG SAID WEST BOUNDARY FOR A DISTANCE OF 565.64 FEET, THENCE N 75007'43" E FOR A DISTANCE OF 689.45 FEET TO THE EAST BOUNDARY OF THE WEST 112 OF THE NORTHEAST 114 OF THE NORTHEAST 1/4 OF SAID SECTION 14, ALSO BEING THE WEST BOUNDARY OF VAN HEES SUBDIVISION: THENCE N 00'3343" E ALONG SAID EAST BOUNDARY FOR A DISTANCE OF 112.23 FEET; THENCE N 89013'1 r W FOR A DISTANCE OF 183.34 FEET; THENCE N 00'3343" E FOR A DISTANCE OF 267.42 FEET; THENCE N 89'13' 17" W FOR A DISTANCE OF 481.16 FEET TO THE REAL POINT OF BEGINNING, CONTAINING 6.08 ACRES OF LAND, MORE OR LESS. PREPARED BY: TODD R. WAITS P.L.S. C: iVWkm (2246) lVMhemaW4Ldm-1- Exhibit C Page 2 0 9 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: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to C -C and TN -R. 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, `mixed use regional' is defined as areas where commercial/office and residential uses are transitioned between more intense uses, C -C, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map this is also consistent with the request for a Traditional Neighborhood Residential designation for the mixed use regional designation as a transitional zone. The density proposed with the preliminary plats are consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these transition areas with a request for consistent and transitional densities. 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 attached and detached single family residential products as well as vertically integrated products on the subject site (PP -05-058). 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 office/retail uses would be allowed (permitted) within the requested C -C district and single family residential (townhouse) uses would be allowed (permitted) within the TN -R district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has submitted elevations for the proposed attached commercial and townhouse units these units will be designed and constructed to meet similar architecture to the single family detached residences and approved through the Certificate of Zoning Compliance process. 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 heavier uses south and west of the site in the Ten Mile/I-84 Interchange. 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 provisions. The Commission and Council rely on any oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited Exhibit D Page 1 0 ! to, school districts; and, The abutting roadway, Franklin Road is within ACHD's Five Year Work Program or CEP (20 -year plan) for road widening and scheduled for 2010. The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. This development will be serviceable by the City of Meridian's sanitary sewer system through future extensions of the sewer and water lines located in Franklin Road. The site lies on a Major Arterial (Franklin Road) and future rights of way have been determined by the commenting jurisdictions. 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 fords that the subject site is proposed for development in a fashion expected for a transitional region between commercial, industrial and residential uses. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On November 10, 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 immediate 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 find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council rely on staffs 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 11-513-3.E). If the applicant enters into a Development Agreement (DA) with the Citv the Council finds that the annexation and zoning of this property to C -C and TN -R would be in the best interest of the City. 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. 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. Exhibit D Page 2 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. ACHD considers road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which 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 maintain, fence, and improve the waterways which are existing on this site. Furthermore the applicant shall define with the Parks Department the location of a multiuse pathway which will further enhance the natural feature of either the Ten Mile Creek. 3. CUP Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The Council fords that the subject property is large enough to accommodate the requested use and all other required features. The applicant will be required to submit for specific conditional use permits for projected commercial uses or at a minimum a certificate of zoning compliance ensuring proper application of the UDC. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Please see Annexation Findings Item A above. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; The existing character of the area will, and is, currently changing. However, the Council finds that the applicant is not proposing to alter the structure or character of the property and the use proposed is congruent with surrounding uses and uses that have occurred on the property in the past. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; If all Conditions of Approval contained in Exhibit B are complied with, the Council does not believe that the proposed use will adversely affect other properties in the vicinity. Exhibit D Page 3 0 0 E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; The ACHD has submitted conditions of approval for this development as listed in Exhibit B.7 the Council feels that the conditions applied in Exhibit B show that proper services can be provided to the site. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation Findings Items C and D above G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The Council finds that this use will not involve activities, processes, materials, equipment, or operations that will be detrimental to any persons, property, or the general welfare of any persons or property in the area. The proposed use should not produce excessive traffic, noise, smoke, fumes, glare or odors. The Council recommends that the Commission and Council rely on any and all public testimony given regarding this finding. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The conditions of approval listed in Exhibit B and the ACHD comments have addressed that future road connections and roadway extensions shall be designed as not to interfere with the surrounding public streets. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council is unaware of any natural or scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the subject application. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may result in the destruction, loss or damage of a natural or scenic feature(s) of importance of which the Council is unaware. Exhibit D Page 4 April 21, 2006 CUP 05-051 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT AS Enterprises, LLC ITEM NO. 5-D REQUEST Findings of Fact and Conclusions of Law for Approval — Request for a Conditional User Permit for a mixed-use development within 300' of a residence for Harks Canyon CreekSubdivision — 1845 West Franklin 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: d1le 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: y Phone: 9 y� Emailed: V ®baa .W1qLn, Staff Initials: Materials pres nted at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER APR 21 2006 CV -6 d s 1� In the Matter of Annexation and Zoning of 10.15 acres to C -C zone (Community Business District) for 6.08 acres of the site and a TN -R (Traditional Neighborhood- Residential) for 4.07 acres of the site AND Preliminary Plat Approval for 29 single family lots, 7 commercial lots, and 8 common/other lots AND a Conditional Use Permit for a mixed use development within 300' of a residential district, for Harks Canyon Creek Subdivision, by Franklin Centre, LLC. Case No(s). AZ-05-054/PP-05-058/CUP-05-051 For the City Council Hearing Date of: April 25, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 25, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 25, 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 April 25, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-054/PP-05-058/CUP-05-051- PAGE 1 of 4 I The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 10, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October 2005 is hereby conditionally approved; and, 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 29, 2005 is herby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 25, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-054/PP-05-058/CUP-05-051- PAGE 2 of 4 0 and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 25, 2006 By action of the City Council at its regular meeting held on the �� day of Z , 2006. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED (�_ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_fG� COUNCIL MEMBER KEITH BIRD VOTED_#ice TIE BREAKER MAYOR TAMMY de WEERD VOTED YO MY deWEERD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-054/PP-05-058/CUP-05-051- PAGE 3 of 4 0 • %%%aaaaaiaivifi "",ro, ATTEST: = WILLIAM G. BERG, JR., CLERK Copy served upon: ✓ Applicant ,7r Planning Department Public Works Department —�- City Attorney By Dated: 5 -:2 -OU City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-054/PP-05-058/CUP-05-051- PAGE 4 of 4 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 STAFF REPORT Meridian City Council Hearing Date: April 25, 2006 City Council hearing date: April 7, 2006 City Council hearing date: March 7, 2006 City Council hearing date: February 7, 2006 TO Meridian City Council FROM: Meridian Planning Commission STAFF: Joe Guenther, Associate City Planner SUBJECT Harks Canyon Creek Subdivision AZ -05-056 C nf: a City Of Meridian City Clerk ice Annexation of 10.15 acres from RUT to 4.07 acres C -C (Community Business) and 6.08 acres TN -R (Traditional Neighborhood Residential) PP -05-058 Preliminary Plat for 29 Single-family residential lots 7 commercial lots and 8 other lots CUP -05-051 Conditional Use Permit for a mixed use development within 300' of a residence 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting annexation and zoning of 10.15 acres of land that is currently zoned RUT in Ada County. The applicant is seeking a C -C zone (Community Business District) for 6.08 acres of the site and a TN -R (Traditional Neighborhood- Residential) for 4.07 acres of the site. The applicant has submitted a preliminary plat for the subject property requesting 29 single-family residential lots, 7 commercial lots and 8 common/other lots for the 9.47 acres plat. The applicant has also submitted a conditional use permit for a mixed use development within 300' 2. SUMMARY RECOMMENDATION: Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved unanimously to recommend approval. a. Summary of Public Hearing: i. In favor: Jane Suggs, JBS Consulting ii. In opposition: None. iii. Commenting: None iv. Staff presenting application: Joe Guenther, Associate City Planner v. Other staff commenting on application: Mike Cole, Development Services Coordinator. b. Key Issues of Discussion by Commission: i. Location of the site in relation to industrial uses on Franklin Road ii. — Lot 19 Block 1, the open space lot south of the site which will be for future development. iii. - Lot 5 Block 1 will be reconfigured from one lot to approximately five lots which the east/west portions will be service drives and the north/south portions will be either public or private streets for future connection to Lot 19. c. Key Commission Changes to Staff Recommendation: Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE I 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 i. Public Works Condition 2.15 shall read "All development improvements for each phase of this development, including but not limited to sewer, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. ii. Planning Condition 1.11 shall read Lot 21 instead of Lot 22. d. Outstanding Issue(s) for City Council: i. —None. 3. PROPOSED MOTION (to be considered after the public hearing) Approval (All applications) I move to approve File Numbers AZ-05-054/PP-05-058/CUP-05-051 as presented in staff report for the hearing date of April 25, 2006 and the preliminary plat dated October, 2005 with the following modifications to the conditions of approval: (add any proposed modifications) Denial (All applications) I move to deny File Numbers AZ-05-054/PP-05-058/CUP-05-051 as presented in the staff report dated April 25, 2006 and the preliminary plat dated October, 2005 for the following reasons: Continue (All applications) I move to continue the public hearing for items number AZ-05-054/PP-05-058/CUP-05-051 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: South of Franklin Road, and West of Linder Road – Approximately 10.3 acres of an irregular shape in the NW % of the NE % 3N1 W S14 b. Owner Franklin Centre, LLC 1767 W. Franklin Road Meridian, Idaho 83642 c. Applicant: Jane Suggs JBS Enterprises, LLC 200 Louisa Street Boise, Idaho 83712 d. Representative: Jane Suggs, JBS Enterprises, LLC e. Present Zoning: COUNTY- RUT f. Present Comprehensive Plan Designation: Mixed Use Regional, Multi -Use Pathway, 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit Al): October, 2005 2. Date of landscape plan (attached as Exhibit A2): October 31, 2005 h. Applicant's Statement/Justification: The proposed mixed use project complies with the City's designation of Mixed Use Regional where the C -C district allows for smaller commercial operations which will be paired with the TNR district which allows for residential densities up to 8 dwellings per acre. We believe the use of the project will Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 2 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 provide a development which will complement the surrounding land uses and will include many amenable features such as detached sidewalks, extensive open space, future multi -use pathway, a pond, and use the integrated home office designs of the TNR district. 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 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 5 and Chapter 6, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: January 16, 2006 and January 30, 2006 c. Radius notices mailed to properties within 300 feet on: January 13, 2006 d. Applicant posted notice on site by: January 27, 2006 6. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: Agricultural/Urbanizing c. Adjacent Land Use and Zoning 1. North: Caffarelli Subdivision I -L, Franklin Road 2. East: Harks Corner C -C, Linder Road 3. South: Whitestone Estates, R-4, Ten Mile Creek 4. West: Agricultural Ada County RUT and RI d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of main located in the southwestern corner of this property. Location of water: Extension of mains in Franklin Road Issues or concerns: The sewer flows to the Whitestone lift station. The applicant shall be responsible for any upgrades that may be required. 2. Vegetation: Agricultural/Irrigated 3. Flood plain: Ten Mile Creek — Mainly contained within the banks 4. Canals/Ditches Irrigation: Ten Mile Creek 5. Hazards: Floodplain 6. Proposed Zoning: TN -R and C -C 7. Size of Property: 8. Description of Use: Common Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 10.15 acres Residential, 29 Single Family detached, 7 Commercial, and 7 PAGE 3 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 f. Subdivision Plat Information 1. Residential Lots: 29 2. Non-residential Lots: 7 3. Total Building Lots: 36 4. Common Lots: 5 5. Other Lots: 3 6. Total Lots: 43 7. Open Lots: Lot 21 Block 3 is the main pond/common lot. Lots 9, 12 Block 2 and Lots 10, 14 Block 3 are internal common lots within the residential component 8. Gross Density: 9.84 units per acre shown (2.94 acres by 29 SF) — (Build out for TN -R as presented in conceptual plan shows 79 units on 6.08 acres for 13.0 du/a) g. Landscaping 1. Width of street buffer(s): 25 feet required for Franklin Road (25 feet shown) 2. Width of buffer(s) between land uses: 25 feet commercial to residential (15 feet shown to the residence west of the site) (5 feet proposed C -C to TN -R) 3. Percentage of site as open space (PP application): .44 acres or 4.3% open space (future lot 19 Block 3 not included and parkway calculations not included) 4. Other landscaping standards: Retain existing healthy vegetation; rehabilitate the natural vegetation/habitat cover along the Ten Mile Creek to Park Department and NMID standards; possible cooperation with the Parks Department for development of a multiuse pathway across to Whitestone Estates Subdivision h. Amenities The applicant is proposing amenities in open space and pond with Gazebo, parkway streets. i. Proposed and Required Residential Standards C -C (Standards) Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 4 Proposed Required Front 0 0 Interior side 0 0 Street landscape buffers Local 10 10 Arterial 25 25 Landscape Buffer to residential uses 5/15 25 Maximum building height 50 50 TN -R (Standards) Setbacks (measured from back of sidewalk) Proposed Drafted Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 4 ! 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 Minimum front setback Alley accessed properties 10 Minimum front setback Street accessed properties 20 to garage 10 to living area Minimum rear setback Alley accessed properties without parking pad 5 Alley accessed properties with parking pad N/A Street accessed properties 12 Minimum side setback Property lines adjoining unattached walls 4 Property lines adjoining attached walls 0 Minimum side street setback Alley 5 Local Street 10 Collector N/A Street Landscape Buffer Local Street Arterial Maximum building height 8 parkway with Class II trees or tree wells w/8' sidewalk j. Proposed and Required Non -Residential 25 10 20 10 5 20 12 4 0 5 10 20 8 25 40 Commercial lots shall conform to the use requirements of the C -C district and shall receive a certificate of zoning compliance for all uses, See exhibit B. Non-residential lots in TN -R district are to be used for amenities and open space only. k. Off -Street Parking (Multi -Units): 1. Parking spaces required: 2 for each unit, (29) TNR attached units; 58 stalls req. 2. Parking spaces proposed: 29 minimum covered stalls are shown as conceptual, 24 on street parking stalls are provided. 3. Compact spaces proposed: 0 4. Off-site parking proposed: No 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to Franklin Road is to be prohibited. Access to future development is as proposed with pubic stub streets at multiple locations to the east. Potential commercial cross access through the C -C district lies both east and west at the shown parking lots. An additional stub street to the east at "public road No 2" will not be required. The applicant has agreed to make all changes as required by the attached ACHD staff report. The Meridian Police and Fire Departments have submitted requirements which exceed the standards as recommended by the UDC PIG Committee for the TN -R district. The Planning Department is recommending approval of the minimum standards as set forth Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 by ordinance in the TN -R District. For a detailed report on the public streets and access points to public streets, please the attached staff report from the Ada County Highway District (Exhibit C). 7. AGENCY COMMENTS MEETING On November 10th 2005 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use Regional' on the Meridian Comprehensive Plan Future Land Use Map and the applicant has generally drawn the annexation requests for the TN -R and C -C district to meet the goals of the Mixed Use Regional District. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU -R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. The proposed density (9-13 d.u./acre) is within minimum target density of 8 to 15 d.u./acre for Traditional Residential Neighborhoods within a mixed use development, staff finds that the proposal conforms to this stated purpose and intent. Higher density subdivisions north and west of Linder Road have provided smaller lots in the "High and Medium Density Residential" areas which have been at or above eight dwelling units to the acre. Other subdivisions south and east of the site along Linder Road and Franklin Road have been closer to the 3 to 5 d.u./acre with zoning designations of R-8 or primarily R4. Similar projects to the Traditional Neighborhood concept Franklin and Ten Mile Roads vicinity have Commercial designations (Neighborhood Commercial, Community Business, and Limited Office) under the Meridian City Code where a mixed commercial/residential product was not available under the Meridian City Code, but is being applied through the TN -R District. The properties east of the site at Harks Corner are also zoned C -C where the restaurant/bar uses share the existing water feature amenity on the site. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal 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 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). Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 The northern roadway adjacent to the subject lands is currently owned and maintained by the Ada County Highway District (ACID). 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) In accordance with this Goal and Action Item, the applicants design only allows collector (commercial/local street) road access to Franklin Road. These collector roads are designed with landscape lots and oriented as to only allow vehicular traffic flow to the public road system. No lots within Harks Canyon Creek Subdivision are provided lot access to a collector or arterial street. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designated for MU -R on the Comprehensive Plan Future Land Use Map. Although a wide range of commercial uses has not been planned for this property, the identity ofMU--R in the area of the Ten Mile Interchange would tend to become more commercial as the area transitions to the future interchange. The project integrates a residential/Community Business component into the design and stafffinds the TNR products provide an appropriate transitional use to the more intense commercial uses along Franklin Road. More intense commercial/high density developments are anticipated for the Ten Mile Interchange and the TN -R complements existing uses in Harks Corner and buffers the Community Business aspects closer to Franklin Road from the residential uses south of the site. Therefore Harks Canyon Creek Subdivision meets the general policies for the mixed use regional comprehensive designation. • Chapter VII, Goal 1, Objective B, Action 5: Locate new Community Business areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Franklin Road is classified as arterial roadway. The applicant is proposing access from the adjoining areas from micro paths, sidewalks and shared (cross access) streets which will provide future connection to residential/commercial areas east, west and south of the site along Franklin Road and across the Ten Mile Creek. Staff believes that the Traditional Neighborhood areas proposed compliment the existing and planned residential areas in the vicinity. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 7 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 corridors (Franklin Road and Linder Road). • "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 2S foot wide landscape buffer with a perimeterfence and dense vegetation along Franklin Road. The applicant is also proposing to construct a 15 -foot wide landscape buffer along the western boundary where there is an existing single family residence. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. See Site Specific Condition in the Preliminary Plat section below in Exhibit C. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The additional rights of way for Franklin Road will be large enough to accommodate future pedestrian walkways and possible bicycle lane as well as interconnection of sidewalks along arterial roads. The urban design of the TN -R district includes larger open spaces integrated into the front yards of all blocks in this district. These larger open spaces will all include pedestrian traffic routes connected to the arterial roadways. The applicant has indicated that a bridge will be provided for access to the south through Whitestone Estates where the future Ten Mile Creek Multi -use Pathway will be located. The applicant shall bond for the multiuse pathway and bridge with this development to ensure compliance with the future pathway system. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The properties adjacent to the subject site are designated for a wide variety of uses. North of the site is planned for Industrial uses, east and south of the site are existing commercial/residential developments not expected to change, and west and south of the site are continuations of the mixed use regional uses on the Comprehensive Plan Future Land Use Map. The project provides a transition from the intense commercial and industrial uses along Franklin into a mix of residential densities from the C -C District to the TN -R District. • Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium Density Residential on the Meridian Future Land Use Map which identifies this area as an appropriate area for residential development. This proposal meets the Comprehensive Plan definition of medium density, with a gross density of 9 to 13 dwelling units per acre. Staff has reviewed Harks Canyon Creek Subdivision under the Traditional Neighborhood Residential designation which supports residential densities from 8 to 15 dwelling units to the acre (PIG Group recommendations). Staff anticipates the housing types for Harks Canyon Creek Subdivision to be very diverse due to the lot sizes, Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 8 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 attachments and varying integrated designs. These projects as a neighborhood meet the variety needed to be offered within residential designations. The project also concentrates the higher density housing within the TNR district and transitions to a larger open space area as the subdivision flows south and into the R-4(medium density) designation. • "On -street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI -5) Figure VI -5 on page 57 of the Comprehensive Plan designates a bikeway on all collector roads and arterials. The proposal will provide a local road connection from the site to Franklin Road which will provide interconnection to future collector streets. Interconnectivity between subdivisions will also provide for a multiuse pathway connection through Subdivision for pathway access to the Ten Mile Creek pathway systems. The subject property lies within the immediate vicinity for a park/pathway connection in the area north of I-84 and Linder Road and future connection all the way to I-84 along the Ten Mile Creek. Currently no pathway exists in the near vicinity. No bike lane is proposed for Franklin Road. See ACBD report. • The following standard applies for all Mixed -Use Regional developments proposed within 300 -feet of an existing residence or school require a conditional use permit. (Chapter VII, Pgs 97-98) The applicant has submitted a Conditional Use Permit CUP -05-051 to comply with this section. The applicant's conceptual plan provides for an additional fifty units shown as condominiums as well as future open space and a pathway connection along the Ten Mile Creek. Staff supports the conceptual site plan dated July 19, 2005 as submitted but will require assurances that the future amenities will be provided in a timely manner as to be able to be used by future residences contained within the associated plat. StaiEfinds that the proposed zoning and subsequent uses (Community Business I since family homes) will be generally harmonious with and in accordance with the Comprehensive Plan 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: 11-2D-2 (TNR) lists Single Family Residential (attached and detached) as permitted uses in the TNR and C -C zoning districts. Furthermore, limited office/commercial uses are allowed in the TNR district, also listed in UDC 11-2D-2. 11-2B-2 (C -C) lists many limited commercial uses as permitted as well as many more intense uses as conditional in the Community Business district. b. Purpose Statement of Zone: COMMUNITY BUSINESS DISTRICT (C -C) the purpose of the commercial districts is to provide for retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and the mix of allowed commercial uses, and the location of the district in proximity to the streets and highways: Community Business Districts offer allowed uses of Larger scale and broader mix of retail, office, and service uses with access to arterials or nonresidential collector streets. TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT (TN -R): The purpose of the TN -R District is to provide for a variety of residential land uses including attached and detached single-family Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 9 i 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 residential, duplex, townhouse, and multifamily. A TN -R District includes open spaces and promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density of the TN -R District is fifteen (15) units per acre. The minimum density is six (6) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN -R District should be generally located: adjacent to a TN -C District, along a transit corridor, or within a mixed use neighborhood. For the purposes of this Title, the term residential district shall also include the Traditional Neighborhood Residential District. c. Traditional Neighborhood standards: UDC 11-2D-6 — The standards of the Traditional Neighborhood District are to be negotiated by the Planning Commission and the City Council. The following is a draft of standards developed by the 2005 Process Improvement Group (PIG) group. Options for Street Sections in the TN -R District: The width of the allowed street section shall be determined by how the properties are accessed and whether or not a parking pad is provided that has minimum dimensions of twenty feet (20') by twenty feet (20') as measured from the paved surface of the alley or street to the face of the garage door. 1. For alley accessed properties that provide a parking pad, the following shall apply: a. The parking pad must meet the dimensional standards noted above. b. All alleys shall have a twenty -foot (20') right-of-way with a minimum of sixteen feet (16') of paving. c. The applicant shall be allowed to have a reduced street section of twenty-nine feet (29') (measured from back -of -curb to back -of -curb) with parking on both sides. 2. For alley accessed properties that do not provide a parking pad, the following shall apply: a. All alleys shall have a twenty -foot (20') right-of-way with a minimum of sixteen feet (16') of paving. b. The applicant shall provide a street section of thirty-three feet (33') (measured from back - of -curb to back -of -curb) with parking on both sides. The requirement for off-street parking as set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances. c. The applicant may request a street section of twenty-nine feet (29') (measured from back - of -curb to back -of -curb) with parking on one side where the street only provides residential access on one side of the street. For example, where one side of the street has homes on it and the other side of the street is a dedicated open space lot. Such request shall be approved by Council with the preliminary plat. The requirement for off-street parking as set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances. For street accessed properties, the following shall apply: a. Although street accessed properties are allowed in this district, it is anticipated that only properties on the perimeter of a TN -R development would be street accessed. The applicant shall demonstrate that the design meets the purpose statement of the TN -R district. b. All street accessed properties must provide a parking pad as detailed above. c. The applicant shall be allowed to have a reduced street section of twenty-nine feet (29') (measured from back -of -curb to back -of -curb) with parking on only one or on both sides. 4. Block lengths shall meet the standards as set forth in Section 11 -6C -3F2. Although block lengths are allowed to exceed five hundred feet (500') when a pedestrian pathway is used to break up the block, it is anticipated that most blocks will not exceed the five hundred -foot (500') requirement. The applicant shall demonstrate that the design meets the purpose statement of the TN -R district. Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 10 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 In addition to the standards as set forth in Section 11-3A-7, the following restrictions shall apply to fencing within the TN -R district: 1. Front yard. Fences shall be wrought iron or similar of similar quality and appearance and shall be no greater than three feet (3') in height. 2. Side yard. a. Side yard fences that follow the side yard property line shall only be allowed where the side setback is five feet (5') or greater. The portion of a side yard fences that extend from the building to the side yard property line shall be setback two feet (2') behind the enclosed portion of the front of the building. b. Side yard fences that extend from one building to an adjoining building are allowed where the adjoining houses have use easements on the side yard area. Such fences shall be setback two feet (2) behind the enclosed portion of the front of the building adjoining the fence. 3. Rear yard of alley accessed properties. Fences shall be setback a minimum of seven feet (7') from the alley (measured from back of paved surface of the alley). 4. The maximum fence height shall not exceed six feet (6'), subject to the provisions set forth in Sections 2 and 3 below. 5. On corner properties, the maximum fence height in the required street side yard shall be six feet (6') above the grade (as measured at the property line), and the minimum setback shall be ten feet (10') from the street side property line. See Figure 11-3A-3. 6. Where the rear yard of one property adjoins the front yard of another property, the fence along the rear and side yards where they adjoin the adjacent front yard shall be flush or angled at forty-five (45) degrees to provide continuity with the adjoining fence and property line. See Figure 11-3A- 3. 7. Additional height shall be allowed for arbors, arches and/or other architectural appurtenances extending over gates and/or other entryways Such appurtenances shall not exceed five feet (5') in width and/or eight feet (8') in height. 8. Additional height shall be allowed for gate posts. Such gateposts shall not eight feet (8') in height. Lighting. In addition to the standards as set forth in Section 11-3A-11, the following standards shall apply within the TN -R district: All dwelling units shall have a minimum of two (2) lights at the front of the unit. All dwelling units on alley accessed properties shall have a minimum of two (2) lights along the alley. All lighting required in this section shall be on a photocell that activates the lighting at dusk and turns it off at dawn. 10. ANALYSIS 10a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 11 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 Development Code, 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 fmdings. 1.1 The annexation legal description submitted with the application (stamped on October 13, 2005 by Todd R. Waite, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1.5 UDC 11 -5B -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 mixed use nature of the commercial/office/residential uses the size and scope of the project the undetermined location of amenities, pathway location, undeveloped areas of Lot 19 Block 3 and the variable standards of the TN -R district as defined by the Meridian City Unified Development Code staff believes that a Development Aaxeement is necessary to ensure that this prop 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 additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary at 888-4433 within 18 months of Council approval to initiate this process The DA shall incorporate the following: • That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance 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 Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 12 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • The applicant shall provide a surety agreement for of the construction of the multi -use pathway and bridge in accordance to UDC 11-5C unless a development application has been submitted for Lot 19 Block 3 prior to the issuance of the first certificate of occupancy in Harks Canyon Creek Subdivision. • The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Ten Mile Creek. • The applicant shall maintain Lot 19 Block 3 in a state free of accumulation of junk, noxious weeds, and shall fence the perimeter of Lot 5 Block 3 to limit public access to the waterway. • The applicant has agreed that all of the TN -R residential units will be constructed with fire sprinkler systems to mitigate for the 5' setback to alley required by the Meridian Fire Department as discussed on April 4, 2006. • That the applicant shall provide trash pickup/refuse pads at the end of the dead end — shortened alley as shown on the site plan and discussed on April 4, 2006. 2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: Connectivity (future developments): Local stub streets for future development west of the site shall connect from "Public Street #2" west of the site at the location shown. Cross access shall be provided to the property west of the site adjacent to Lot 1 Block 1 from the parking lot as shown. Cross access shall be provided to the property east of the site adjacent to Lots 22 and 23 Block 3 from the parking lot as shown to connect with the existing Harks Corner Development. An additional public or private street to the south shall be provided in the general location of Lot 5 Block 3. The public or private street shall be for addressing and unobstructed access to future development in Lot 19 Block 3. See Exhibit B below. No direct access will be allowed to Franklin Road. 2.2. Landscaping_ Staff is generally supportive of the landscaping design with the following considerations: The 25 feet of right-of-way landscaping on Franklin Road shall be maintained by the Business Owners Association. The landscape buffers along these arterials shall be designed in accordance to UDC 11-3B-7. The landscape buffer shall be measured from the back of sidewalk if attached sidewalks are used. Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 13 i a CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 The landscaping along Franklin Road shall be installed prior to final plat signature. The landscaping along Franklin Road shall be contained in a separate lot or on a permanent easement which will be maintained by the business owners association. Common Lot 22 Block 3 shall be maintained by the business owners association and not by the home owners association. All parkway trees shall be Class U trees. All parking lots adjacent to the TN -R district shall provide a minimum of one tree at the end of each parking aisle; the parking lot landscaping shall comply with the design standards as listed in UDC 11-3B-8. The applicant is not showing the required 25' landscape buffer between uses in this location. The applicant shall revise the site plan to reflect the required buffers or submit a new landscape plan with an application for alternative compliance to the director. If the director fails to approve the request for alternative compliance the applicant shall provide the required landscape buffers as detailed in UDC 11-3B. See Exhibit B. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. 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. Nampa Meridian Irrigation District has adjacent laterals on this site but has not commented on the proposal. Staff has applied the standard NMID conditions to this site. 2.5 Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3B-6. See Site Exhibit B below. 2.6. Fencing: The applicant is not showing fencing on the submitted amenity and landscape plan. A detailed fencing plan shall be submitted upon application of the final plat or prior to City Council if required. 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 Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 14 9 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 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. The landscape architect shall draft the landscape plans to meet the standards of UDC 11-313. See Exhibit B, Condition 1.5 The Meridian Police and Fire Departments have indicated that fencing shall have gates and there shall be no side yard fencing, the fencing requirements shall comply with the standards of UDC 11-3B. Perimeter fencing shall be designed according to UDC 11-313 and maintained by the adjacent (home/business) owners association. Temporary fencing shall be provided along Lot 5 Block 3 until a development application for Lot 19 Block 3 is approved. All fencing along the Ten Mile Creek shall be installed with non-combustible materials. 2.7 Unimproved Right -of -Waw 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 Franklin road widening is in the ACHD Five Year Work Program and is scheduled for widening in 2010. The remainder of the unimproved right-of-way should be landscaped with lawn or other vegetative groundcover. Franklin Road abutting this site appears to meet the warrants for the 10 -foot wide gravel shoulder requirement listed above. Therefore, the applicant should be required to construct a 10 -foot wide gravel shoulder on Franklin Road, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. 2.8 Multi -Use Pathway: The applicant is not showing but will be required to install a multiuse pathway in accordance to the Comprehensive Plan and installed according to UDC 11-3A-8 along the Ten Mile Creek in a location to be agreed upon with the Parks Director and Nampa Meridian Irrigation District. Currently, NMID owns the property upon which the applicant is proposing to install the pathway. All NMID standard conditions shall be applied to this site and all pedestrian access easements shall be enacted. Staff has required the applicant to bond for improvements to the multi -use pathway with this application. The pathway connection is listed as an amenity to the residents of the site and will be essential for pedestrian connection from the school site, Whitestone Estates, and Mallard Landing Subdivisions south of the Ten Mile Creek. Therefore, the pathway shall be a priority to be completed as soon as practical with the future development of Lot 19 Block 3. 2.9 Private Streets: The applicant is proposing to use Lot 5 Block 3 to provide future access to Lot 19 Block 3. Staff will require at a minimum the North/South legs of Lot 5 Block 3 to be a private street (if not public) to provide addressing and maintained connections to the future residential area south of Lot 5 Block 3. The applicant has not submitted a Private Street application as required by UDC 11-317-3. The private street standards are listed in UDC 11-3F. The applicant shall design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F Private Streets and UDC 11-2D Traditional Neighborhood Residential. See Exhibit B Condition 1.11 The Meridian Fire and Police Departments are requesting a minimum of 24' paved sections for alleys which shall not apply to the TN -R districts as this would exceed the standards set forth by ACHD and the Process Improvement Group for the TN -R district. Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 2.10_Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 4.3% of qualified open space which does not meet the requirements of a minimum of 5% open space. The applicant has provided landscaped Parkways in compliance with UDC 11-3G-5 but these calculations have not been provided by the applicant and not added to the overall required open space. Staff is confident that the minimum of 5% has been provided with the presented design but with the off site improvements and parkway streets 2.11 Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: 11 -3G -3C-1 — Quality of life amenities — Picnic area/Gazebo in Lot 22 Block 3 11 -3G -3C-2 — Recreation amenities — None shown at this time, however the applicant is proposing to tie the landscaping and pathway improvements to the Ten Mile Creek pathway system to this development. 11 -3G -3C-3 — Bicycle circulation amenities — Several blocks are connected with an internal 5' pathway which will be required to connect to the required Multi -use Pathway along the Ten Mile Creek. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Harks Canyon Creek (Home or Business) Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. 2.121raditional Neighborhood Residential The standards as defined in the TNR district UDC 11-2D-6 are currently defined as "determined by Council upon annexation and/or rezone". The standards listed under section 8 of the Harks Canyon Creek Staff report dated January 5, 2006 have been drafted by a working group specifically for TN -R projects to be used as a guideline. The applicant has designed the project in accordance to these standards and shall comply with the street sections, dimensional standards, lighting and fencing requirements as contained in this report. 2.13 Street Sections: Conditions 3.23 and 3.09 of Exhibit B from the Meridian Fire Department Conditions of Approval will not apply to the street sections within the TN -R District. These standards exceed the street sections proposed by the UDC process improvement group. ACHD has reviewed the street sections and if the applicant complies with all ACHD conditions of approval then the street sections will meet all standards as set forth by policy. 10b. Staff Recommendation: Staff recommends approval of AZ-05-056/PP-05-058/CUP-05- 051 for Harks Canyon Creek Subdivision as presented in the staff report dated January 6, 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: October 2005) 2. Landscape Plan (dated: October 14, 2005) 3. Conceptual Site Plan (dated: July 19, 2005) Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006 B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. Ada County Highway District 8. Nampa Meridian Irrigation District C. Legal Description D. Required Findings from Zoning Ordinance Harks Canyon Creek Subdivision AZ-05-054/PP-05-058/CUP-05-051 PAGE 17 0 A. Drawings 1. Preliminary Plat dated: October 2005 Harks Canyon Creek Subdivision Exhibit A Page I U 2. Landscape Plan (dated: October 14, 2005) UPN- 0 e�.mma. rq �� Yq romuemmeal, rq am -mm 2maebr¢q Ptr� fib Yq e' �lqe Yq ev. • Waemram®mvJaexfA� a �o19�eyeaslP^�mmoleme.� em1bW �e�elu9}eemOYbYinYY a +weee.e�awe � �maes�e.ekv iOeL � c iseolly4b�blmge lsbayq �,� _!._�+..J�L��� ���'� ` _■moi Harks Canyon Creek Subdivision Exhibit A Page 2 W— a� 1 ooaemecm.eame®ceeeu 2g. ;+b.s � �mremmom� I d (E ;11.1=lli�... fJli.�..•.:J'�i � " :�C ut verraav timrm �m,mnasa ��aut AelLdseotmoeRgu K+bts+e9emYk�e e�ewarmnssa srn+ Wsm»m�.�:.a se.,� eua ee2�,�r 0 0 B. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1 The preliminary plat labeled as Preliminary Plat dated October 2005 prepared by Claiborne Waite Consulting, Inc. is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -05-056) and Conditional Use (CUP -05-051) shall also be considered conditions of the Preliminary Plat (PP -05-058). 1.2 The applicant has proposed a 25 -foot landscape buffer along Franklin Road. The Landscape buffer shall be designed and installed in accordance to UDC 11-3B-7 and certified as installed prior to final plat signature (UDC 11-313-1413-3. The sidewalks within the buffer shall be placed as to line up with future buffers in neighboring developments. 1.3 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to the arterial roads of Franklin Road as required by ACHD. A note shall be placed on the final plat restricting access to Franklin Road 1.4 The applicant shall provide cross access to all commercial lots within the subdivision and to the property west of the site adjacent to Lot 1 Block 1 and to the east from Lots 22 and 23 Block 3 as required by ACHD. 1.5 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the changes required by this report. The submitted landscape plan prepared by Terry Hammons, A to Z Sprinkler and Landscaping., dated October 14, 2005 is not approved until re -submitted with changes outlined in this report and in compliance with UDC 11-3B. 1.6 The applicant shall revise the site plan to reflect the required buffers or submit a new landscape plan with an application for alternative compliance to the director. If the director fails to approve the request for alternative compliance the applicant shall provide the required landscape buffers as detailed in UDC 11-3B. 1.7 Maintenance of all residential common areas shall be the responsibility of the Harks Canyon Creek Subdivision Homeowners' Association. (Lots 9 and 12 Block 2, Lots 10 and 14 Block 3) 1.8 Maintenance of all other common areas shall be the responsibility of the Harks Canyon Creek Subdivision Business Owners Association. (all required street and use buffers, with Lot 21 Block 3) 1.9 For alley accessed properties that do not provide a parking pad, the following shall apply: a. All alleys shall have a twenty -foot (20') right-of-way with a minimum of sixteen feet (16') of paving. b. The applicant shall provide a street section of thirty-three feet (33') (measured from back - of -curb to back -of -curb) with parking on both sides. The requirement for off-street parking as set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances. c. The applicant may request a street section of twenty-nine feet (29') (measured from back - of -curb to back -of -curb) with parking on one side where the street only provides residential access on one side of the street. For example, where one side of the street has homes on it and Exhibit B Page 1 the other side of the street is a dedicated open space lot. Such request shall be approved by Council with the preliminary plat. The requirement for off-street parking as set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances. 1.10 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the City and the Irrigation District(s). 1.11 If the southerly directed portions of Lot 5 Block 3 are not dedicated to the public, the applicant shall at a minimum submit a private street application to the Planning Director with the Final Plat application if the applicant chooses to provide private streets for future connection to the south along Lot 5 Block 3. 1.12 The applicant shall contact the Meridian Parks Director to define a location for the Multi -Use Pathway along the Ten Mile Creek as shown on the Meridian Comprehensive Plan. 1.13 The applicant shall install a Multi -Use Pathway along the Ten Mile Creek or other location as agreed upon by the Meridian Parks Director construction shall be in accordance to the standards as listed in UDC 11-3A-8. 1.14 The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. 1.15 All road drainage shall be contained on site in the drainage swales/areas as depicted. 1.16 The applicant shall comply with the dimensional standards, street sections, lighting, and fencing requirements as outlined in this staff report for the Traditional Neighborhood Residential District. There shall be no modifications to the dimensional standards of the C -C Medium Density Residential District or other operating standards as contained in the Meridian Unified Development Code. 1.17 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.1.8 The applicant shall be allowed a 5' alley setback to garage/structure for all TN -R lots. GENERAL REQUIREMENTS PRELIMINARY PLAT 1.18 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. 1.19 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 Exhibit B Page 2 debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.20 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. 1.21 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 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. 1.22 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. 1.23 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B. 2. Public Works Department 2.1 Sanitary sewer service to this development is to being proposed via extension of mains stubbed in the southwestern portion of this property. These mains flow to the Whitestone lift station. The applicant shall be responsible for any upgrades to the lift station that may be required to handle the extra influent. 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 Water service to this site is being proposed via extension of mains in Franklin Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The applicant 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. 2.5 The applicant has indicated the pressure irrigation system in this proposed development is to be an extension of a private system in Harks Corner. 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. Exhibit B Page 3 2.6 Prior to signature on the plat by the City Engineer the applicant shall submit a signed agreement granting permission to use the existing private pressurized irrigation pump station. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11 -3B -6D). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.8 All existing structures not meeting new setbacks shall be removed prior to signature on the fmal plat by the City Engineer. 2.9 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. 2.10 If the stub streets to the south are going to be private streets, then Public Works will review and inspect the storm drainage systems. The applicant will be responsible for all review and inspection fees associated with this. 2.11 If this project is to contain private streets, the applicant shall address maintenance of the private streets prior to signature on fmal plat by the City Engineer. 2.12 As each commercial lot develops they shall be required to retain storm runoff on site. 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. 2.13 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. 2.14 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. 2.15 All development improvements for each phase of this development, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.16 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. 2.17 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. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting Exhibit B Page 4 that may be required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. 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 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works 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. 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 Exhibit B Page 5 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 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.11 The proposed 29 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 87 residents at build out. 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 7 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.14 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. 3.15 Maintain a separation of 5' from the building to the dumpster enclosure. 3.16 Provide a Knox box entry system for the complex prior to occupancy 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.19 R-2 occupancies with 3 or more units shall be required to be fire sprinkled, unless specified by the UDC. 3.20 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.21 Gates shall be provided on the front and rear of the property, if fenced. 3.22 Side yard fences shall not be allowed in the C -C district. Exhibit B Page 6 0 ! 3.23 Alleys shall be at least 24 -feet wide and there shall be no parking on alley streets. 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 for fencing on common lots. 4.2 The applicant shall submit a revised landscape plan for the commercial areas, which uses walkways and landscaping to direct visitors to the main entrance and away from private areas. 4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the Final Plat, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.4 The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.5 The loading areas shall be separated from all public parking areas. 4.6 Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 5. Parks Department 5.1 Ordinance (UDC 11-3B-10) will be followed. 5.2 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.3 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. 5.4 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10.5) will be followed. 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 7.1 Dedicate 45 -feet of right-of-way at the east property line that tapers to 57 -feet in the first 425 -feet west of the east property line. From 425 -feet west of the east property line to the west property line, the applicant should dedicate 57 -feet of right-of-way from the centerline of Franklin Road. abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact Exhibit B Page 7 fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. AND Provide the District with a road trust deposit in the amount of $13,280.00 for the construction of a 7 - foot wide attached concrete sidewalk. OR Dedicate 45 -feet of right-of-way at the east property line that tapers to the west to 48 -feet in the first 425 -feet. From 425 -feet west of the east property line to the west property line, the applicant should dedicate 48 -feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. AND Construct a 5 -foot detached concrete sidewalk within an easement to the District. Locate the sidewalk a minimum of 56 -feet from the centerline of Franklin Road. 7.2 Construct Public Road #1 to intersect Franklin Road to directly align (centerline to centerline) with the driveway on the north side of Franklin Road. 7.3 Construct North Ward Place to intersect Franklin Road approximately 104 -feet east of the west property line, as proposed. 7.4 Construct all of the internal roadways within the subdivision as 36 -foot street sections with vertical curb, gutter and 5 -foot attached (or 4 -foot detached) concrete sidewalks within 50 -feet of right-of- way. If the applicant is proposing to construct striped on -street parking on Public Road #2 construct bulb outs at the intersections that provide a minimum of 24 -feet (measured back of curb to back of curb) at the throat of the intersection and construct the bulb outs to provide an inside radius of 18 -feet (minimum). 7.5 Construct a stub street to the west property line approximately 255 -feet south of the north property line to serve the 2.090 -acre parcel and the 76.232 -acre site to the west, as proposed. Install a sign at the terminus of the roadway stating, "this road will be extended in the future." 7.6 Construct a 28 -foot wide driveway that intersects Public Road #1 on the west side of the roadway approximately 120 -feet south of Franklin Road, as proposed. 7.7 Construct a 12 to 30 -foot wide driveway that intersects Public Road #1 on the east side of the roadway approximately 75 -feet south of Franklin Road. Ensure that a tangent length of 50 -feet (minimum) is met on Public Road #1 before a driveway is constructed. 7.8 Construct a 28 -foot wide driveway that intersects North Ward Avenue on the east side of the roadway approximately 104 -feet south of Franklin Road, as proposed. 7.9 Construct a 28 -foot wide driveway that intersects North Ward Avenue on the west side of the roadway approximately 98 -feet south of Franklin Road, as proposed. Exhibit B Page 8 7.10 Construct a private road/service drive (or public road if the City of Meridian would like a public road) that intersects Public Road #2 at the eastern end of Public Road #2 and extends to the south to serve Lot 19. 7.11 Construct a private road/service drive (or public road if the City of Meridian would like a public road) that intersects Public Road #2 at the eastern end of Public Road #2 and extends to the south to serve Lot 19. 7.12 Construct a 20 -foot wide "service road" that extends from the west property line to Public Road #1. This service road will function as a private alley, as proposed. 7.13 Franklin Road is classified as a minor arterial. Other than the two public roadways that have specifically been approved with this application, direct lot access to Franklin Road is prohibited. A note stating the access restrictions will be required on the final plat. 7.14 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.15 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.16 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.17 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.18 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.19 Comply with the District's Tree Planter Width Interim Policy. 7.20 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. 7.21 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. 7.22 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. 7.23 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. 7.24 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. Exhibit B Page 9 7.25 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. 7.26 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.27 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 Page 10 C. Legal Description C1 clai orn A, waiteconsulting , llc �:ccEF�s��rs � suru�yar� no Nmth Cffal fad I. am (tee) 37 Fm (M) 4q -9M Project No. 2246 HARKS CANYON cREEK SUBDIVISION CC REZONE BOUNDARY DESCRIPTION October 13, 2003 A PARCEL OF LAND IN THE WEST I/2 OF THE NORTHEAST 1/4 OF TELE NORTHEAST 1/4 OF SECTION 14, T. 3 N, R I W, B.M., ADA COUNTY, IDAHO, AND HMO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMM °ENCING AT THE NOWMEAST CORNER OF SAID SECTION 14, THENCE N 8913'Ir W ALONG THE NORTH BOUNDARY OF SAID SECTION 14 AND THE CENT ERL' NE OF FRANKLIN ROAD FOR A DISTANCE OF 664.47 FEET TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, THE REAL POINT OF BEGINNING; THENCE CONTINUING N 89°13'17" W ALONG SAID NORTH BOUNDARY AND CENTERLINE FOR A DISTANCE OF 664.46 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST I/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14; THENCE S 00°34' I8" W ALONG THE WEST BOUNDARY OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF 193.00 FEET; THENCE S 89°13' 17" E FOR A DISTANCE OF 481.16 FEET; THENCE S 00°3343" W FOR A DISTANCE OF 267.42 FEET; THENCE S 89°13'17" E FOR A DISTANCE OF 183.34 FEET TO THE EAST BOUNDARY OF THE WEST 1/2 OF TIM NORTHEAST 1/4 OF nm NORTHEAST 1/4 OF SAID SECTION 14, ALSO BEING THE WEST BOUNDARY OF VAN HEES SUBDIVISION; THENCE N 00°3343" E ALONG SAID EAST BOUNDARY FOR A DISTANCE OF 460.42 FEET TO THE REAL POINT OF BEGINNING, CONTAINING 4.07 ACRES OF LAND, MORE OR LESS. PREPARED BY: TODD R. WAITE P.L.S. C:1ProjegslVanl —(2246) NECC.ds- I - Exhibit C Page I 0 • cla born cite consulting, !ic engineers & surveyors M Nadh Curls Rmd Bahe Id 833 cwwawam Fax (ze) 429-9m Project No. 2246 FRANKLIN CENTRE, LLC HARKS CANYON CREEK SUBDIVISION TN -R REZONE BOUNDARY DESCRIPTION OMber 13, 2005 A PARCEL OF LAND IN THE WEST U2 OF TTIE NORTHEAST V4 OF THE NORTHEAST 1/4 OF SECTION 14, T. 3 N., R. I W„ B.M., ADA COUNTY, IDAHO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM IENCING AT THE NORTHEAST CORNER OF SAID SECTION 14, THENCE N 9°13' 17" W ALONG THE NORTH BOUNDARY OF SAID SECTION 14 AND THE CENTERL'NE OF FRANKLIN ROAD FORA DISTANCE OF 1328.93 FEET TO THE WEST BOUNDARY OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14; THENCE S 00°34' 18" W ALONG SAID WEST BOUNDARY FOR A DISTANCE OF I93.00 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING S 00'34' 18" W ALONG SAID WEST BOUNDARY FOR A DISTANCE OF 565.64 FEET; THENCE N 75007'43"E FOR A DISTANCE OF 689.45 FEET TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, ALSO BEING THE WEST BOUNDARY OF VAN HESS SUBDIVISION, THENCE N 00°3343" E ALONG SAID FEET; EAST BOUNDARY FOR A DISTANCE OF 112.23 THENCE N 89°13' i7" W FOR A DISTANCE OF 183.34 FEET, THENCE N 00°3343" E FOR A DISTANCE OF 267.42 FEET; THENCE N 89013'17" W FOR A DISTANCE OF 481.16 FEET TO THE REAL POINT OF BEGINNING, CONTAINING 6.08 ACRES OF LAND, MORE OR LESS, PREPARED BY: TODD R. WAITE P.L.S. C:1Pr J=NVaaHe s (2246)Wocumemward aW4Ld c- I _ Exhibit C Page 2 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: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to C -C and TN -R. 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, `mixed use regional' is defined as areas where commercial/office and residential uses are transitioned between more intense uses, C -C, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map this is also consistent with the request for a Traditional Neighborhood Residential designation for the mixed use regional designation as a transitional zone. The density proposed with the preliminary plats are consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these transition areas with a request for consistent and transitional densities. The Council fords 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 attached and detached single family residential products as well as vertically integrated products on the subject site (PP -05-058). 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 office/retail uses would be allowed (permitted) within the requested C -C district and single family residential (townhouse) uses would be allowed (permitted) within the TN -R district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has submitted elevations for the proposed attached commercial and townhouse units these units will be designed and constructed to meet similar architecture to the single family detached residences and approved through the Certificate of Zoning Compliance process. 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 heavier uses south and west of the site in the Ten Mile/1-84 Interchange. 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 provisions. The Commission and Council rely on any oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited Exhibit D Page 1 r-� to, school districts; and, 0 The abutting roadway, Franklin Road is within ACHD's Five Year Work Program or CIP (20 -year plan) for road widening and scheduled for 2010. The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. This development will be serviceable by the City of Meridian's sanitary sewer system through future extensions of the sewer and water lines located in Franklin Road. The site lies on a Major Arterial (Franklin Road) and future rights of way have been determined by the commenting jurisdictions. 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 expected for a transitional region between commercial, industrial and residential uses. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On November 10, 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 immediate 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 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. 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). If the applicant enters into a Development Agreement (DA) with the City the Council finds that the annexation and zoning of this property to C -C and TN -R would be in the best interest of the City_ 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. 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. Exhibit D Page 2 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. ACHD considers road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which 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 maintain, fence, and improve the waterways which are existing on this site. Furthermore the applicant shall define with the Parks Department the location of a multiuse pathway which will further enhance the natural feature of either the Ten Mile Creek. 3. CUP Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parldng, landscaping and other features as may be required by this ordinance; The Council fords that the subject property is large enough to accommodate the requested use and all other required features. The applicant will be required to submit for specific conditional use permits for projected commercial uses or at a minimum a certificate of zoning compliance ensuring proper application of the UDC. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Please see Annexation Findings Item A above. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; The existing character of the area will, and is, currently changing. However, the Council finds that the applicant is not proposing to alter the structure or character of the property and the use proposed is congruent with surrounding uses and uses that have occurred on the property in the past. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; If all Conditions of Approval contained in Exhibit B are complied with, the Council does not believe that the proposed use will adversely affect other properties in the vicinity. Exhibit D Page 3 0 ! E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; The ACHD has submitted conditions of approval for this development as listed in Exhibit B.7 the Council feels that the conditions applied in Exhibit B show that proper services can be provided to the site. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation Findings Items C and D above G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The Council finds that this use will not involve activities, processes, materials, equipment, or operations that will be detrimental to any persons, property, or the general welfare of any persons or property in the area. The proposed use should not produce excessive traffic, noise, smoke, fumes, glare or odors. The Council recommends that the Commission and Council rely on any and all public testimony given regarding this finding. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The conditions of approval listed in Exhibit B and the ACHD comments have addressed that future road connections and roadway extensions shall be designed as not to interfere with the surrounding public streets. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council is unaware of any natural or scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the subject application. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may result in the destruction, loss or damage of a natural or scenic feature(s) of importance of which the Council is unaware. Exhibit D Page 4 • April 21, 2006 AZ 05-061 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT Una Mas, LLC ITEM NO. 5-E REQUEST Findings of Fact and Conclusions of Law for Approval — Request for Annex- ation and Zoning of 9.55 acres from RUT to C -G zone for Una Mas — 3475 E. Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: _ COMMENTS See attached Findings Contacted: ! Date: Phone: l [C7- Emailed:, ��; � taff In ials: Materials ptWsented at public meetings shall become properly of the City of erldian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER APR 21 2006 City Of Meridian City Cher _ ce Irk In the Matter of Annexation and Zoning of 9.55 acres from RUT (Ada County) to C- G(General Commercial), by Una Mas LLC. Case No(s).: AZ -05-061 For the City Council Hearing Date of: April 25, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 25, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 25, 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 April 25, 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 § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-061 - PAGE 1 of 3 • 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 and Development Agreement all in the attached Staff Report for the hearing date of April 25, 2006 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicants request for Annexation is approved subject to the Development Agreement in the attached Staff Report for the hearing date of April 25, 2006 incorporated by reference. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of April 25, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-061 - PAGE 2 of 3 By action of the City Council at its regular meeting held on the day of 2 , 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_6kj/ COUNCIL MEMBER JOE BORTON VOTED 4k�L COUNCIL MEMBER CHARLIE ROUNTREE VOTED O*� COUNCIL MEMBER KEITH BIRD VOTED�� TIE BREAKER MAYOR TAMMY de WEERD VOTED ATTEST: oy LLIAM G. BERG, JR., ITY LER& -X a' r9P@@967799®� Copy served upon: ✓ Applicant 9PPOPPF0 Planning Department ublic Works Department City Attorney BY Dated: cJ -1-OU Jity� Clerk'sMike CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-061 - PAGE 3 of 3 0 . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 STAFF REPORT Hearing Date: April 25, 2006 City Council hearing date: April 4, 2006 City Council hearing date: March 21, 2006 City Council hearing date: March 14, 2006 Planning Commission Hearing Date: February 16, 2006 TO: Meridian City Council FROM: Planning Commission Staff. Joe Guenther, Associate Planner Meridian Planning Department 208-884-5533 SUBJECT: Una Mas Annexation AZ -05-061 Annexation and Zoning of 9.55 acres from RUT (Ada County) to C -G (General Commercial). 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Una Mas, LLC, has applied for Annexation and Zoning (AZ) to C -G (General Commercial) for 9.55 acres of property currently zoned RUT in Ada County. The site is located on the south side of Ustick Road, approximately 1/4 mile east of Eagle Road. This site is currently rural residential with one single-family residential building and accessory buildings. The applicant is proposing to construct office and commercial uses on the site with the remainder of the property being developed for undetermined commercial cross accesses. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Jon Reseigh, Hansen -Rice Eng. ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Joe Guenther, Associate v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Acquisition of the remainder ACHD property — applicant indicated that they do not know what will occur with the ACHD auction; ii. —Road alignment with Alleys Way and potential public road at south property boundary; iii. --Cross access requirement to other properties west and east. c. Key Commission Changes to Staff Recommendation: i. —none. The subject property is within the Urban Service Planning Area. Staff has provided detailed analysis and recommends that the subject be approved with the Development Agreement (DA)(see below for DA provisions) provisions detailed in this report. Staff recommended UNA MAS Annexation — AZ -05-061 PAGE 1 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 approval of the Una Mas Annexation submitted as AZ -05-061 with the development agreement comments contained in the report dated February 16 2006 3. PROPOSED MOTION (to be considered after the public hearing) Approve After considering all staff, applicant and public testimony, I move to approve File Number AZ - 05 -061 as presented in Staff Report for the hearing date of April 25, 2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 05 -061 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 and you must state specific reason(s) for the denial of the plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ -05-061 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3475 E. Ustick / 3N1 E4 b. Owner/Applicant Una Mas, LLC 1717 Chisholm Drive Nampa Idaho 83687 c. Representative: John Reseigh, Hansen -Rice, Inc d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Mixed Use Regional f. Description of Applicant's Request: Request for Annexation and Zoning (AZ) to C -G (General Commercial) for 9.55 acres of property currently zoned RUT in Ada County. g. Applicant's Statement/Justification: The site is located on a main arterial which has recently been upgraded as a major arterial with access to a state highway which is appropriate for commercial/office uses. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: March 6 and February 20, 2006 c. Radius notices mailed to properties within 300 feet on: February 17, 2006 d. Applicant posted notice on site by: March 1, 2006 UNA MAS Annexation — AZ -05-061 PAGE 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 6. LAND USE a. Existing Land Use(s): There is an existing home and other outbuildings on the subject site. b. Description of Character of Surrounding Area: The parcels to the south and west are either zoned commercial or proposed commercial zones. To the north is the approved Lowes building. Perkins -Brown Subdivision, the proposed ACHD right of way and an Ada County single-family development lies east of the subject site. This area is rapidly transitioning from rural to urban/commercial. c. Adjacent Land Use and Zoning: 1. North: Commercial, zoned C -G, Lowes 2. East: Future Right of way, Rural residential, zoned RUT (Ada County) 3. South: Redfeather Subdivision, zoned C -G 4. West: Single-family/Commercial, zoned RUT proposed C -G d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is available in Ustick Road. Location of water: Water is available in Ustick Road Issues or concerns: Without conceptual sewer design it is difficult to determine if this property will all gravity to existing mains. 2. Vegetation: There are some existing trees on this site that should be protected or mitigated for when this property develops. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: All irrigation ditches, laterals and canals should be tiled when this property develops. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: C -G (General Commercial) 7. Size of Property: 9.55 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat with the subject annexation application. Staff recommends that the City include specific concepts within a Development Agreement (DA) for developing the subject property. Please see Analysis below for recommended DA provisions. g. Landscaping: Width of street buffer(s): Per City Code, a 35 -foot wide landscape street buffer is required adjacent to Ustick Road, an arterial roadway (UDC 11-2A-4). 2. Width of buffer(s) between land uses: N/A all properties are proposed as C -G h. Required Commercial Standards: C -G Setbacks Proposed Required Landscape (Commercial) UNA MAS Annexation — AZ -05-061 PAGE 3 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 Arterial Road (Ustick) NA 35 Collector Street (Future) NA 20 Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not proposing to develop/plat this property at this time. There will be a future collector roadway east of this site which will eventually connect Ustick Road and Fairview Road. The applicant is land locked by the Ustick Road curb cuts where they will be required to have access from ACRD or the future development to the west of the site. There will be no direct lot access to the future road and a system of cross access points or internal streets will be established by ACRD. 7. COMMENTS MEETING On December 30, 2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. These agencies were unable to comment as there was no conceptual design provided. No comments are included with this report as all uses will require at minimum a certificate of zoning compliance where the agencies will have the opportunity to condition specific uses. S. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use Regional" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU -R has no upper limit on the square footage of non- residential uses and is intended to allow a broad range of uses. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining the most appropriate zone for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner.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 (A ChD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. UNA MAS Annexation — AZ -05-061 PAGE 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is proposing a commercial zone adjacent to proposed or established commercial districts. Staff finds that impacts to the existing residential properties to the east can be limited through design as to be compatible with the proposed development if appropriate fencing, access points, and landscaping are installed with this project and in cooperation with the future ACBD collector road. • "Permit new ...commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obj. A, #6) Municipal water, solid waste and other services exist to this area of Meridian. • "Locate new community commercial areas on arterials ... near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3) The proposed commercial use is located at the intersection of a future collector road and an arterial roadway. A 35 foot wide street buffer will be required along Ustick Road and a 20 - foot wide street buffer will be installed as a part of the western side of the collector roadway to be designed in part to mitigate potential negative impacts upon the vehicular traffic on arterial roads and future vehicular impact on existing residential uses. There are several major commercial developments with associated mixed use residential developments occurring in the area to which the proposal will provide service. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2) The curb cuts and access points will be designed to be consistent with other proposals of this size and nature. However, these will be approved with the filing of a detailed development proposal and full review by AChD. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (Chapter VI, Goal II, Objective A, Action 6) For the future collector roadway, one access road to Ustick Road with a future connection to the south through Red feather Estates. Cross access will be required east and west of the site. Staff is generally supportive of the conceptual connectivity proposal. • Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13) No stub streets are currently provided to the subject site. See bullet above. UNA MAS Annexation — AZ -05-061 PAGE 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 Staff also fords the following 2002 Comprehensive Plan text policies to be applicable to this application: "The capacity of arterial ... roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with UNA MASto minimize access points on arterial ... roadways as development applications are reviewed." (Chapter VI, page 72) "Develop methods, such as cross -access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) Stafffinds that the proposed C -G zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C -G zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C -G General Retail And Service Commercial District: The purpose of the C -G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested C -G zone is appropriate for this property. Please see Exhibit C for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on November 21, 2005 by Douglas Bergey, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11 -5B -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 UNA MAS Annexation — AZ -05-061 PAGE 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 comprehensive plan 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 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 a street buffer, constructed in accordance with City Code, be installed along Ustick Road and the future collector roadway. • That when a preliminary/short plat is submitted to the City, the entire 9.55 acres that are the subject property for AZ -05-061 will be included within the boundaries of said plat (no out -parcels). • That when a preliminary/short plat is submitted to the City, no direct lot access to Ustick Road will be allowed. The existing driveways to Ustick Road may be for construction purposes until the future roadway is completed. At such time, direct access to Ustick Road shall be prohibited. • That in the case of any division of the property cross access to parcels on all sides of the site be granted. • The applicant shall provide at a minimum one commercial cross access drive to the properties east and west of the site which shall be designed according to private street standards as listed in UDC 11-3F, with a minimum of 24' travel way, no parking backing on to the service drive, a one side five foot detached sidewalk with a 5' landscape buffer. The commercial cross access drive is to provide connection from the future Public Roadway east of the site, through the 9.55 acre Una Mas Annexation, and the property west of the site. The applicant shall work with ACHD to determine if a public frontage road shall be provided at the southern boundary of the site. One half of a 42' public roadway design for a frontage/backage road shall be reserved at this site until such a time as ACHD staff provides a written statement refusing the reserved area. UNA MAS Annexation — AZ -05-061 PAGE 7 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 • That the applicant shall submit an application for design review with each building Certificate of Zoning Compliance. The elevations shall be in substantial conformance to the elevations presented at the April 4, 2006 hearing. These elevations shall have similar modulation and treatments to the elevations presented to council as determined by the Planning Director. b. Staff Recommendation: Staff recommended that the applications for the subject property be approved with the associated development agreement which would be in the best interests of the city to be annexed into the City with a C -G zoning designation with the aforementioned Annexation & Zoning provisions. All future development would include in a Development Agreement and future detailed approval. 11. EXHIBITS A. Legal Description B. Conceptual Site Plan C. Required Findings from Zoning Ordinance UNA MAS Annexation — AZ -05-061 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 Exhibit A — Legal Description 11/L1/Zt3U0 1b.1/ zUdt)8nt1dd1 U-CItITE® MMARTES PAGE 02 LEGAL DESCRIPTION FOR HANSEN-RICE, INC. ANNEXATION PARCEL -CITY OF MERIDIAN USTICK ROAD PROJECT The following describes a parcel of real property lying in East 1/2 of Government Lot 4 of Section 4, Township 3 North, Range 1 Fast, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the Northwest corner of said Section 4, said comer marked by a Brass Cap Motmment (PLS 611 1) Thence, along the Northerly line of said Section 4, N89°35'22"13, 830.94 feet (formerly S89049'26"1; 830.94 feet) to the Nordmast comer of the property described in Warranty Deed lnsitrument Numbers 105046906 & 105119521 the POINT OF BEGINNNG; Thence, continuing along said Northerly line of Section 4 ami the Northerly line of the property described In said Warranty Deal Instrument Number 105046906, N89°35'23"E, 332.37 feet (formerly SW49'26"E, 332.37 feet) to the Northeast corner of the property described in said Warranty Deed Instrument Number 105046906; , Thence, S000W08"E, 129034 feet to the Southeast comer of the property described in Warranty Deed Insft ent Number 105119521 to a 5/8" Iron pin (PLS 5710 Thence, S89°32'42"W, 332.39 feet to the Southwest comer of the property described in said Warranty Deed instrument Number 105119521 to a 5/S" Iron pin (PLS 5710); Thenco, N00°00'06"W, 1290.60 feet to the POINT OF BEGINNING, comprising 9.85 acres more or less. SUBJECT TO: All easements or reservations appearing on the above described parcel of land. oNa`��sa 61SYt:pA� ,Q ,/ iti 5710 m It-ZI-� ��S G i i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF APRIL 25, 2006 A. Legal Description -drawing 111 - lv u: 10.11 Ln�ono�nnd UIL1R111ED EULMARIES PAGE 84 BA.m or Ru"d (2) mom+ le4aY•l 5.32 5.33 T.4PJ., R.1 _ USTtCK ROAD m.9s�r gnatelq _ 1 4 5.05 S�00 � vDR. t E. agar evaa'aemna.t� V— reralYtag�� 5 w to _ _ ranir4 tl.YT1J �' 3�a99SF .fad►tT) CW f — — - - N89'39�23 J32.37�^ - - — — — VW assn lift A -I 0 1] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 B. Conceptual Site Plan CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 C. Proposed 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 C -G. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. The Council finds that future development of this property should comply with the established regulations and purpose statement of the C -G zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council 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). If the applicant enters into a Development Agreement (DA) with the Cfty. the Council finds that the annexation and zoning of this properly to C G would be in the best interest of the City, 0 April 21, 2006 L� MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT ITEM NO. S -F REQUEST Resolution — Authordng Donation of Surplus Computer Equipment to Meridian boys and girls club AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. • a�6 —5 -15 - BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY; AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE COMPUTER EQUIPMENT TO THE MERIDIAN BOYS & GIRLS CLUB. WHEREAS, it is in the best interest of the City of Meridian to declare certain computer equipment listed herein below as surplus property, as these particular items are no longer needed or used by the City of Meridian. WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be donated to charitable organizations when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property. WHEREAS, the cost of maintaining the computer equipment listed herein below until it were sold, if it could be sold, exceeds its value to the City of Meridian and would result in the unnecessary expenditure of City funds. WHEREAS, the City of Meridian desires to donate the computer equipment listed herein below to the Meridian Boys & Girls Club, a non-profit charitable organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, the stated mission of which is to inspire and enable young people, especially those from disadvantaged circumstances, to realize their full potential as productive, responsible and caring citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, as follows: Section 1. The Mayor and City Council hereby authorize and declare that the computer equipment listed herein below is surplus property. Description of Computer Equipment: 1. Computer: MPC ClientPro Pentium III 664mhz Processor, 15 GB hard drive, 160 MB Ram, purchased 9/24/99, Meridian City Asset Tag # 00193 2. Computer: Compaq Presario 500, Pentium III Processor, purchased 5/17/01, Meridian City Asset Tag # 04227 3. Computer: MPC ClientPro Pentium 111 664 mhz Processor, 15 GB hard drive, 160 MB Ram, purchased 9/28/00, Meridian City Asset Tag # 00203 RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO MERIDIAN BOYS & GIRLS CLUB Page 1 of 3 4. Computer: MPC ClientPro Pentium 111 664 mhz Processor, 15 GB hard drive, 160 MB Ram, purchased 9/28/00, Meridian City Asset Tag # 00206 5. Computer: MPC ClientPro Pentium 111 664 mhz Processor, 15 GB hard drive, 160 MB Ram, purchased 10/8/00, Meridian City Asset Tag # 00324 6. Computer: MPC ClientPro Pentium 111 450 mhz Processor, 13 GB hard drive, 160 MB Ram, purchased 12/6/99, Meridian City Asset Tag # 04178 7. Computer: MPC ClientPro Pentium 111 450 mhz Processor, 13 GB hard drive, 160 MB Ram, purchased 12/6/99, Meridian City Asset Tag # 04159 8. Computer: MCC, Pentium II Processor, 8 GB hard drive, 128 MB Ram, purchased 4/21/99, Meridian City Asset Tag # 04096 9. Computer: Compaq Deskpro, Pentium II Processor, 6 GB hard drive, Meridian City Asset Tag # 03722 10. Computer: MPC ClientPro Pentium 111 664 mhz Processor, 20 GB hard drive, 160 MB Ram, purchased 10/20/00, Meridian City Asset Tag # 00906 11. Computer: MPC ClientPro Pentium 111 664 mhz Processor, 15 GB hard drive, 192 MB Ram, purchased 9/24/99, Meridian City Asset Tag # 00190 12. Computer: MPC ClientPro Pentium II1450 mhz Processor, 13 GB hard drive, 128 MB Ram, purchased 12/6/99, Meridian City Asset Tag # 04146 13. Computer: MPC ClientPro Pentium 111 450 mhz Processor, 13 GB hard drive, 128 MB Ram, purchased 12/6/99, Meridian City Asset Tag # 04174 14. Computer: Compaq Deskpro, Pentium 111 550 mhz Processor, 13 GB hard drive, 192 MB Ram, purchased 4/19/00, Meridian City Asset Tag # 03331 15. Computer: MPC ClientPro Pentium 111 664 mhz Processor, 15 GB hard drive, 256 MB Ram, purchased 4/3/99, Meridian City Asset Tag # 03223 16. Computer: HP Pavilion 7800, Pentium 111 750 mhz Processor, 30 GB hard drive, 192 MB Ram, purchased 4/12/01, Meridian City Asset Tag # 04225 17. Computer: HP Pavilion 7800, Pentium 111 750 mhz Processor, 20 GB hard drive, 192 MB Ram, purchased 4/19/01, Meridian City Asset Tag # 04232 18. Computer: Compaq Pavilion, AMD 900 mhz Processor, 30 GB hard drive, 392 MB Ram, purchased 10/12/00, Meridian City Asset Tag # 03302 19. Computer: MPC ClientPro, Pentium 111 450 mhz Processor, 12 GB hard drive, 64 MB Ram, purchased 4/18/00, Meridian City Asset Tag # 01297 20. Computer: MPC ClientPro, Pentium 111 550 mhz Processor, 13 GB hard drive, 256 MB Ram, purchased 4/18/00, Meridian City Asset Tag # 01322 21. Computer: HP Pavilion 7800, Pentium 111 650 mhz Processor, 12 GB hard drive, 192 MB Ram, Meridian City Asset Tag # 04224 22. Computer: Compaq, Pentium III Processor, Purchased 10/12/00, Meridian City Asset Tag # 03742 23. Computer: MPC ClientPro, Pentium II Processor, 8 GB hard drive, purchased 4/18/00, Meridian City Asset Tag # 04505 24. Computer: HP, Pentium 166 mhz Processor, 32 MB Ram, purchased 12/31/97, Meridian City Asset Tag # 04105 25. Computer: Compaq, Pentium 111 730 Processor, 10 GB hard drive, 256 MB Ram, purchased 2/15/01, Meridian City Asset Tag # 02181 26. Computer: RJM, Pentium 11 400 Processor, 2.44 GB hard drive, 128 MB Ram, RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO MERIDIAN BOYS & GIRLS CLUB Page 2 of 3 purchased 8/31/98, Meridian City Asset Tag # 01502 27. Computer: MPC ClientPro, Pentium 111 450 Processor, 7 GB hard drive, 128 MB Ram, purchased 4/3/99, Meridian City Asset Tag # 03229 28. Computer: MPC ClientPro, Pentium 111 450 Processor, 7 GB hard drive, 192 MB Ram, purchased 12/6/99, Meridian City Asset Tag # 04157 29. Printer: HP DeskJet 940c, Meridian City Asset Tag # 03499, purchased 7/11/02 30. Printer: HP Deskjet 600c, Meridian City Asset Tag # 03373 31. Printer: HP DeskJet 500, Meridian City Asset Tag # 03020 32. Printer: HP DeskJet 612c, Meridian City Asset Tag # 03206, purchased 4/8/00 33. Printer: HP DeskJet 842c 34. Printer: HP DeskJet 882c, Meridian City Asset Tag # 01266 35. Printer: OKI Microline 320 Turbo, Meridian City Asset Tag # 00908 36. Printer: HP DeskJet 682c, Meridian City Asset Tag # 03602, purchased 9/20/95 37. Printer: OKI Microline 320 Turbo 38. Monitor: Micron, 17 -inch 39. Monitor: Viewsonic, 17 -inch 40. Monitor: Dell, 17 -inch 41. Monitor: MGC, 17 -inch 42. Monitor: Compaq v720, Meridian City Asset Tag # 01302, purchased 4/23/01 43. Monitor: Compaq m720 44. Monitor: KDS, 17 -inch Section 2. The Mayor and City Council hereby authorize the conveyance of the computer equipment listed hereinabove, for no monetary consideration, to the Meridian Boys & Girls Club. ADOPTED by the City Council of the City of Meridian, Idaho, this 25day of �i2 , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this 2-s�ti day of ;x I -z , 2006. APPROVED: ° de Weerd ATTEST:c°T William G. Berg, Jr., ty le& y 0;0 � 0 RESOLUTION AUTHORIZING DONATION O St�JS COMPUTER EQUIPMENT TO MERIDIAN BOYS & GIRLS CLUB Page 3 of 3 0 April 21, 2006 0 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT ITEM NO. S -G REQUEST Resolution — Revising the Hiring and Recruitment Policy (2-1-6) of the City of Meridian Police Department Policy and Procedures Manual: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached Resolution V%„Imo'�6,5� b er ty,s� Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION REVISING THE HIRING AND RECRUITMENT POLICY (2-1-6) OF THE CITY OF MERIDIAN POLICE DEPARTMENT POLICY AND PROCEDURES MANUAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 18, 2006, the City Council of the City of Meridian received a report from the Police Department regarding the draft revision to the Hiring and Recruitment Policy; and WHEREAS, after receiving said report, the City Council directed that the revision of the Hiring and Recruitment Policy be brought forward in Resolution form as a revision to the Meridian Police Department Policy and Procedures Manual. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the revision to the Hiring and Recruitment Policy, a copy of which is attached to this Resolution and incorporated herein by this reference, is hereby adopted. Section 2. That the Chief of the Meridian Police Department is hereby authorized to implement said policy and incorporate it into the Police Policy and Procedures Manual. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho day of 14�q%rl'z 92006. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2006. �P,ROVED: �aifr� e ATTEST: CITY CLERK r IS -3 . Resolution -Police Dept Hiring andP�T�v oI,1t'evision Page 1 of 1 �'rnoI'l lIW1'l,N MERIDIAN POLICE DEPARTMENT 2-1-6 HIRING AND RECUITMENT. It shall be the goal of the City of Meridian and the Meridian Police Department to hire the most qualified persons to serve as its police officers. In addition to the City of Meridian standards we shall follow the standards for hiring that are promulgated by the State of Idaho Peace Officer Standards and Training Council, and all other pertinent state and federal law. A. Recruitment. The Meridian Police Department shall recruit in a manner as to attract the most qualified applicants. This department shall meet all equal opportunity employment guidelines and established procedures on police recruitment. The department shall also be governed by and adhere to the City of Meridian recruitment requirements. Additionally, the department will make its recruitment and application process available to all qualified persons and is nondiscriminatory in the application of its recruitment policy. B. Meridian Police Department Actions. 1. All elements of any selection process for personnel will be administered, scored, evaluated and interpreted in a common and uniform manner. 2. Candidates for sworn positions determined to be ineligible for hire as a police officer will be notified in writing. 3. Only trained investigators will conduct background investigations. Background investigations will be professional and complete. 4. Failing a polygraph may not in and of itself be a disqualifier. 5. Failing a Computer Voice Stress Analysis may not in and of itself be a disqualifier. 6. No member of the Meridian Police Department shall attempt to interpret the results of a psychological or medical evaluation without consultation with the selected professional. C. Procedures. Pre -offer testing and investigations 1. Appropriate testing for initial consideration 2. Criminal History 3. Physical fitness testing 4. Oral interview. 5. Completion of the additional background information sheets. 6. Complete background investigation consisting of at least: a. Criminal History; b. Driving Record; c. Verification of previous employment and history; d. Verification of personal references; e. Verification of educational qualifications; f. Verification of all details listed by the applicant in the background investigation package; g. Verification of the details of the background investigation by polygraph examination. (11/04) Revised 4/25/06 Page 1 of 3 • • MERIDIAN POLICE DEPARTMENT h. Psychological assessment will be conducted on all applicants for a sworn position after a contingent offer of employment is tendered. The assessment is to further verify the information obtained in the background investigation and polygraph as well as providing for a personality inventory as it relates to the position of police officer. 7. Truth verifications testing, if applicable. a. Polygraph and computer voice stress analysis (CVSA) examinations are required as a further validation of the information obtained in the background investigation. Polygraphs will be conducted on all applicants for sworn positions having moved to that step in the hiring process. CVSA will be completed on all applicants for non -sworn positions having moved to that step in the hiring process. (10/04) Post -offer of employment testing 1. Medical physical examinations and evaluation 2. Drug screening 3. Psychological testing. D. Standards. 1. Must be a citizen of the United States. 2. Must have a high school education or equivalent. 3. Not less than two years of responsible work experience following high school graduation. 4. No criminal conviction for any felony and certain misdemeanors convictions shall disqualify. 5. Must have a valid driver's license. 6. Must be of good moral character, and successfully undergo a thorough background investigation. 7. Must be able to pass the P.O.S.T. required physical fitness test for sworn positions. 8. Each applicant must successfully pass a truth verification test as administered by the department. 9. Each applicant must pass the psychological testing process for sworn positions. 10. Each applicant must pass the appropriate initial test given by the department. 11. Those accepted that are not presently P.O.S.T. certified or certifiable must attend and pass the Idaho P.O.S.T. academy. 12. All applicants hired must successfully complete the department's field- training program. 13. Each new member must successfully complete a one-year probationary period. 14. Each applicant must possess a basic ability to operate computers. Revised 4/25/06 Page 2 of 3 MERIDIAN POLICE DEPARTMENT 15. Each applicant must meet all other requirements of the Minimum Standards for Employment of the P.O.S.T. rules and regulations. 16. Must have 60 academic college credits or a basic certificate from POST. (4/06) E. Disqualifiers. 1. Documented abuse of sick leave with previous employers. 2. Proven allegations or admissions of domestic violence, whether criminally charged or not (striking or battering a wife, domestic partner, or someone with whom the applicant has children in common). (10/04) 3. Allegations of moral turpitude (sexual deviancy, sexual encounters with underage persons, voyeurism, indecent exposure, etc. 4. Lying on the application, background information or failing to complete the form. 5. Stealing or theft from present or past employers. 6. Documented disciplinary problems, of a serious nature, with previous employers. 7. Documented history of continued financial difficulty within the last five years. 8. Elicit use of drugs. i. Anyone who has on any occasion illegally manufactured or delivered a controlled substance, as defined by Section 37- 2701, of the Idaho Code. ii. Who has illegally used any controlled substances defined in the Uniform Controlled Substances Act, Article H including but not limited to amphetamines, methamphetamine, cocaine, anabolic steroids, hallucinogens (including LSD), opiates or other narcotics within a five (5) year period immediately preceding application to the Meridian Police Department. (10/04) Revised 4/25/06 Page 3 of 3 April 21, 2006 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT ITEM NO.rj-� REQUEST Resolution — Ratifying City Council's Approval of Building Dept. Fee Changes for Re -Inspections; Temporary Power Poles / Construction Services; Residential Electrical Permits; and Hot Tubs, Swimming Pools and Other Spas AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached Resolution Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 CITY OF MERIDIAN RESOLUTION NO. 06 - �l 7 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION RATIFYING THE CITY COUNCIL'S APPROVAL OF THE BUILDING DEPARTMENT FEE CHANGES FOR RE -INSPECTIONS; TEMPORARY POWER POLES/CONSTRUCTION SERVICES; RESIDENTIAL ELECTRICAL PERMITS; AND HOT TUBS, SWIMMING POOLS AND OTHER SPAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 18, 2006, the City Council of the City of Meridian, held a hearing on the adoption of the Building Department Fee Changes for re -inspections, temporary poles/construction services, residential electrical permits, and hot tubs, swimming pools and other spas as shown by Exhibit "A" and incorporated herein by reference; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said Building Department Fee Changes; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Building Department fee changes for re -inspections, temporary poles/construction services, residential electrical permits, and hot tubs, swimming pools and other spas 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. 2006. Section 3. That this Resolution shall be in full force and effective on June 1, ADOPTED by the City Council of the City of Meridian, Idaho 2-54— day of ��� , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this day f 2006. BUILDING DEPARTMENT FEE CHANGES FOR RE -INSPECTIONS; TEMPORARY POWER POLES/CONSTRUCTION SERVICES; RESIDENTIAL ELECTRICAL PERMITS; AND HOT TUBS, SWIMMING POOLS AND OTHER SPAS - RESOLUTION Page 1 of 2 ATTEST: E ►• I D 9 \\\lElyElllllll �ie��,co�O�"a' Nw- ii67 ' de WEERD ML G. BERG, JW, C = CL`s 4 10. 1� �/`'��flf ev BBE tIB444444\C BUILDING DEPARTMENT FEE CHANGES FOR RE -INSPECTIONS; TEMPORARY POWER POLES/CONSTRUCTION SERVICES; RESIDENTIAL ELECTRICAL PERMITS; AND HOT TUBS, SWIMMING POOLS AND OTHER SPAS - RESOLUTION Page 2 of 2 0 i Exhibit "A" CU60QIGt�? W t IDAHO j Fee Changes Effective June 1, 2006 The fee changes are the result of Public Notice and City Council approval. Fee Change #1 - All re -inspection fees for Structural, Mechanical, Plumbing and Electrical will be $45.00 for each re -inspection. A double fee of $90.00 will be charged for any re -inspection that is scheduled with the Building Department and the corrections have not been made when the inspector arrives. Fee Change #2 - "New" Electrical Fee Schedule O1. Temporary power poles/construction services — Every temporary power pole must be called in for inspection. Idaho Power will not set the meter until the temporary pole has passed city inspection. To be installed for construction purposes only for a period not to exceed one (1) year. a. 200 amps or less, one location ......................$40.00 b. All others to be calculated using section 06. 02. New Residential — single family dwelling (includes everything contained within the residential structure and attached garage. All must be wired at the same time.) a. Up to and including 200 amp service.............$120.00 b. 201 amp service up to 400 amps ..................$210.00 c. 401 amp service and above .........................Use section 06. Other Residential Structures (unattached) — See section 06. Multi -family Dwellings — Duplexes ..................$210.00 ; Three (3) or more multi -family units....$120.00 per building plus $60.00 per unit. * New residential includes three electrical inspections total. After three, re -inspection fees apply. 03. Existing Residential — $40.00 permit fee plus $10.00 for each branch circuit. 04. Hot Tubs, Swimming Pools, and other spas — $40.00 permit fee plus an additional $40.00 for any grounding grid where applicable. Page 1 of 2 0 L� 05. Electrical Space Heating and Air Conditioning — Fees in section 03. are applicable when this is not part of a new residential construction permit. 06. Commercial, Industrial, and other permit fees not listed — this section applies to all installations not specifically listed above. The total wiring cost shall be all labor and material to install the wiring system consistent with valuation data (market value for the geographic area). Mobile home and recreational vehicle park service conductors and feeders to the individual unit service switch or pedestal are calculated using this section. This section includes: lawn sprinklers, limited energy installs, elevators, escalators, etc. a. Wiring costs not exceeding $100.00 ......................................$25.00 b. Wiring costs over $100.00 not exceeding $2,000.00 ...................$20.00 (plus 2% of total wiring cost) c. Wiring costs over $2,000.00 not exceeding $10,000.00 ...............$70.00 (plus 1% of total wiring cost) d. Wiring cost over $10,000.000 = $180.00 (plus %2 of 1 % of that portion of the wiring costs over $10,000. 07. Re -Inspection Fees — A fee of $45.00 is charged for each re -inspection. A double fee of $90.00 will be charged when a re -inspection is scheduled with the Building Department and the correction(s) have not been performed. Page 2 of 2 0 is April 21, 2006 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT Martin Swigert, LLP ITEM NO. 5 - REQUEST Water Main Easement Agreement for Marcon Office and Shop 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: U/ ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: alul I Ir,I IIUI,; Materials presented at public meetings shall become properly of the City of Meridian. Phone: ADA COUNTY RECORDER J. DAILVARRO AMOUNT BOISE IDAHO OSM1106 01:52 PMDEPUTY Bnie '� I RECORDED-en REQUEST F° III IIIIIIIIiIIIIIIIIIIiIllllllii II III Meridian Clay 6073887 THIS INDENTURE, made dhi day of 20,& � gn L the parties ofthe first and hereWAw celled the +Gama an >� tars, d the City #iNreriiiaw, Aba. County, tiara, the party of the secmd part, and hereinafter called the Gn mice, '.JitIzt�R�l :# 1 : WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground purine to be constructed by others; and WHEREAS, it will be necossaxy to maintain, service and subsequently comnect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be n= ved by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the fight- Of-WAY ightof-way for an easement for the construction, opeh460% maintenance, repair, replacement of a water main over and acres the following described property: (SEE AWACHED EXIEBIT Al, A2 and B) The int hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional concection thereto, repair and replacement at the convenience ofthe Grantee, with the free right of access to such fiheilities at any and all times. TO HAVE AND TO HOLD, the said easement and n& -of -way unto the said. Grantee, irs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the patties hereto, that after construction, making repairs, performing other maintenance ormakingsubse rent bion to the water line, Grantee shall restore the area ofthe casement and adjacent property to that existent prior to underWft such construction, repairs and main . However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within ttre area, described in this eat that was placed time in violation of this eacement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent strocdm+ce, trees, brush, or perennial shnhbs or flowers within the area descnbed for this tet; which would interfere with the use of said awwwat, for dee 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, them, to such extent, such right-of-way and easement heresy granted which lies within such boundary thereof or which is a pian thereof, shall cease and become null and void and of no further effort and shall be completely relinquished. Water Main Fosement EA,SW WTR doc psaop � t>f � o THE GRANTORS do hereby covenant with the Grantee thatthey are lawfullyseized and possessed of the aforementioned and described tract of land, and that they have a good and lawful Might to convey said easement, and that 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 suN=13ed their signatm= the day and year first herein above writtm GRANTOR - M -.1" �2mmwd STATE OF IDAHO ) ) ss County of Ada ) On this 1 day of 20 before me, ft undersigned, a Notary Public in and for said State, personalty mad and • known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within inshvrnent, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set myhand and affixed my official seal the day and year fist above written. I P10,0 N40TA9�'L N N 8LIf+ :� r OFION �```�. Water Maio Fmament e - NOTARY PUB IC Residing at Commission Expires: EASMT WTRdoc GRANTEE: CITY OF . `,�tttttu i i i tntrrri� Tammy de W y Attest by William G- Berg, ity dkrk 7 IF, 7,14-0. �` ;'' • Approved By City Council On: STATE OF IDAH09 . ss. County of Ada On this9�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 fust above written. (SEAL) 9iliO4 ry7 SYU--ff-- NOTARY PUBLIC FOR IDAHO Residing at: 1T7.L, !h r, J d Commission Expires. 10-1S-11 Water Main Easemm EASMT WTR-doc 0 • L-egai Description Marcon Site Fire Hydrant Easement An easement being located in SE 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southeast comer of Section 11 from which a brass cap monument marking the northeast comer of said SE 'A bears N 0031'43" 'E a distance of 2646.05 feet; Thence N 0031'43° E along the easterly boundary of said SE'/4 a distance of 1335.77 feet to a point; Thence leaving said easterly boundary N 89028'1T' W a distance of 794.53 feet to the POINT OF BEGINNING; Thence N 89°00''18" W a distance of 10.00 feet to a point; Thence N 1 1134'53° E a distance of 5.88 feet to a point; Thence S 89°06'45" E a distance of 10.00 feet to a point; Thence S 1034'53" W a distance of 5.90 feet to the POINT OF BEGINNING. This parcel contains 59 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS `o�pT- L.Abv Land Solutions, PCG April 17, 2006 Q�G 0 1 1118 I J2 -YlE o .fFXrf,K1-r- A-1 LAn blutions Marcon Site re Job No. 06-10 P'aRe Le+gal,Oescdption Marcon Site Water Meter Easement An easement being located in SE 1/a of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southeast corner of Section 11 from which a brass cap monument marking the northeast comer of said SE 'A bears N 0 1'43" E a distance of 2646.05 feet; Thence N 011'43" E along the easterly boundary of said SE 1/a a distance of 1336.60 feet to a point; Thence leaving said easterly boundary N 89-28'17- W a distance of 896.40 feet to the POINT OF BEGINNING; Thence N 89°00'18" W a distance of 10.00 feet to a point; Thence N 1028'18" E a distance of 10.30 feet to a point; Thence S 89°00'18" E a distance of 10.00 feet to a point; Thence S 1 c28'18" W a distance of 10.30 feet to the POINT OF BEGINNING. This parcel contains 103 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC April 17, 2006 o;,o-P4 (m t 1- A -"Z- Lan lutions a&V L LA NO a 11118 tiroM �OWFI e Maroon Site Job No. O6-10 0 I� WATER AND FIRE HYDRANT EASEMENTS LOCATED IN THE SE 1/4 OF SECTION 11, T3N, R 1 W, BM, CITY OF MERIDIAN, ADA COUNTY, IDAHO S 89'28' 17' E 896.40' L3 N r -It L7 J I J m r--1 o0 L1 JL– POINT L–POINT OF l.5 BEGINNING WM EASEMENT . POINT OF BEGINNING FIRE HYD EASEMENT MAROON LANE — 794:53' — S 89,28"17' E 1/4 PINE STREET a T,0 Ix cd N � C4w t° o Z zjlj - n-* J Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 1208) 288-2040 (208) 288-2557 fax wwwJandsofudons-biz 4+115rr fE�; UNE TABLE w� & LENGTH I n �m M M I bO 1 0' N L3 Z 11 12 FRANKUN ROAD S 1-28-18--a 14 13 zjlj - n-* J Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 1208) 288-2040 (208) 288-2557 fax wwwJandsofudons-biz 4+115rr fE�; UNE TABLE UNE LENGTH BEARING L1 10.00. ' W L2 1 0' N 1-28'1 ' L3 10,00' 89-00-18- L4 1 S 1-28-18--a L5 10.00' N S -118- W L6 5 N 1'34'53' E L7 00' S 89'06'45' E LS %j ' S 1'34' ' W zjlj - n-* J Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN, ID 83642 1208) 288-2040 (208) 288-2557 fax wwwJandsofudons-biz 4+115rr fE�; LJ City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 4/18/2006 Re: Proposed Agenda Items for 4/25/06 City Council Meeting APR T -: 'L30 6 City of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 4/25/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Marcon Office and Shop by Martin Swigert LLP. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Marcon Office and Shop by Martin Swigert LLP and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 0 • WATER MAIN EASEMENT THIS INDENTURE, made this _____ day of . 20 between �� gt-1 the parties ofthe fust part, and hereinaf called the Grantors, and the City of Mwfillan, Aba. County, Idaho, the party of the second part, and hereinafter called the Grantee, WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and AREAS, the water main is to be provided for 1hrouglit an underground pipelne to be constructed by ods; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline fix= time to time by the Grantee; NOW, THEREFORE, in consideration ofahe benefits to be received by the and other good and valuable consideration, theQ= ors do hereby give, grant and cmvey unto the Grantee the ngbt of --way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described properly: (SEE ATTACHED EXHEBIT Al., A2 and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free rightofacct to such facilities at any and all tunes. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties into, that after conshuction, makingrepairs, perforn3ing other maintce or making subsequent to the water line, Grantee shall restore the a= easement and adjacent property to dw existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairux,g replacing or restoring anyt g placed within the arta described in this easement that was placed the in violation of " easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be plate any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this casemcK which would irfere with the use of said easemen% 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 slre4 then, to such extent, such rbgt-of way and easement hereby granted why ties within such boundary thereof or which is a part there shall and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTRdoc ME GRANTORS do hereby covenant with the Grantee thatthey are lawfifflyseized and Possessed of the aforementioned and described tract of land, and that they have a good and lawfid 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 WINESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR.: Secretary STATE OF IDAHO ) )ss County of Ada ) On this r/ day of c 2fl before acre, a undersigned, a Notary Public in and for said State, peaso y appeared. sand . known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. Rd Water Main Easement EASMT WTR.doc • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Cleric Approved By City Council On: STATE OF IDAHO, ss. County of Ada On this day of 2006, before nw, the undersigned, a Notary Public in and for said State, pmanally appeared TAMMY de WEERO 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 axed my official sad the day and year fast above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTRdoc 0 s Legal Description Marcon Site Fire Hydrant Easement An easement being located in SE 1/a of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southeast comer of Section 11 from which a brass cap monument marking the northeast corner of said SE 1/a bears N 0 °31'43" E a distance of 2646.05 feet; Thence N 0031'43 E along the easterly boundary of said SE 1/4 a distance of 1335.77 feet to a point; Thence leaving said easterly boundary N 89T8'17" W a distance of*794.53 feet to the POINT OF BEGINNING; Thence N 89000'18"W a distance of 10.00 feet to a point; Thence N 1 034'53 E a distance of 5.88 feet to a point; Thence S 89 006'45" E a distance of 10.00 feet to a point; Thence S 1034'53" W a distance of 5.90 feet to the POINT OF BEGINNING. This parcel contains 59 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC April 17, 2006 IF->erh m IT— A-1 Lan- blutions ��—dC- Marcon Site Job No. 06-10 0 Legal Description Marcon Site Water Meter Easement • An easement being located in SE 1/a of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southeast corner of Section 11 from which a brass cap monument marking the northeast corner of said SE 1/4 bears N 0°31'43° E a distance of 2646.05 feet; Thence N 0031'43° E along the easterly boundary of said SE 1/a a distance of 1336.60 feet to a point; Thence leaving said easterly boundary. N 89°28'17" W a distance of 896.40 feet to the POINT OF BEGINNING; Thence N 89000'18"W a distance of 10.00 feet to a point; Thence N 1 °28'18" E a distance of 10.30 feet to a point; Thence S 89°00'18° E a distance of 10.00 feet to a point; Thence S 1128'18" W a distance of 10.30 feet to the POINT OF BEGINNING. This parcel contains 103 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC April 17, 2006 P '`kIis1I- A -2 - Lan bluta®ns Land 2mmA" arm COT-Adng oNp,L LA Vo 0 11118 SII-1to6.� l�2TlF of 0W NP Marcon Site Job No. 06-10 i • WATER AND FIRE HYDRANT EASEMENTS LOCATED IN THE SE 1/4 OF SECTION 11, T3N, R 1W, BM, CITY OF MERIDIAN, ADA COUNTY, IDAHO S 8W28'1 7" E_ 896.40' L3 r--� CNI IJ L7 �_ L1 J L- J L5 POINT OF BEGINNING WM EASEMENT . POINT OF BEGINNING FIRE HYD EASEMENT MARCON LANE 794.53' _ S 89'28' 17" E 1/4 PINE STREET 0 loOf `f w j co mo N Z J iR wiR cc!r, Ism n t w M M I ap 1 i IZit it FRANKLIN ROAD ,1� 12 —�.i�— 14 1 13 fF�K ++I„r r- � �,1I` Land Surveying and Consulting 231 E. STH ST, STE. A MERIDIAN, ID 83642 (208) 288-2040 (208) 288-2557 fax vyww.Iandsolulionsb¢ LINE TABLE LINE LENGTH BEARING L1 10-00' N 89'00'18" W L2 10.30' N 1'28' 18" E L3 10.00' S 89'00'18' E L4 10.30' S 1'28' 18" W L.5 10-00' N 89'00'18" W L6 5.88 N 1'34'53" E L7 10.00' S 89'06'45" E L8 5.90' S 1'34'53" W fF�K ++I„r r- � �,1I` Land Surveying and Consulting 231 E. STH ST, STE. A MERIDIAN, ID 83642 (208) 288-2040 (208) 288-2557 fax vyww.Iandsolulionsb¢ 0 • April 21, 2006 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT W.H. Moore ITEM NO. 5-1 REQUEST Sanitary Sewer and Water Main Easement Agreement No. 1 for Centerpointe Subdivision: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached Easement qr V -J---" Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORQqWDAVID NAVARRO AMOUNT 15.00 BOISE IDAHO 05/0510957 PM DEPUTY Vicki Allen II I I I II If I'I I �I IIII'I) II I I' I � II �II'll RECORDED—REQUEST OF II 106070931 �� ii��l t 1 Quadrant Consoling SANITARY SKUR AND WATER MAIN EASEMENT THIS INDENTURE, made thi day oHeCrantors, 20(Ubetween \h the parties of the first part, and hereinafter called 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 EXHI$ITS 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, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT SW.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Secretary STATE OF IDAHO ) ) ss County of Ada } 4 On this �_ day of Ao vi l . 20 ice, before me, the undersigned, a Notary Public in and for said State, personally appeared 1A I11 k I8 IA. U C)orta and . known or identified to me to be the P-esi$—f-a�d- executed the within instrument, and acknowledged to me that - I'M memexatie .executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist abgya,written. L G/,ETs+�/Y���4 NOTARY ; NOTARY PUBLIC FOR IDAHO • s Residing at: IE6ise tmM 6. PUBLIC Commission Expires: Dl -13.2012. Sanitary Sewer and V0''lWaftoSt EA.SMT SW.doc P44-1 o& -%- • 0 GRANTEE: CITY OF MERIDIAN Tammy de erd, Mayor Cif I g. Attest by William G. Berg, Ar., City Clerk . Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this_; day of , 200j before me, the undersigned, a Notary Public in and for said State, person�ynpeared 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) ShA4 (YIs. NOTARY PUBLIC FOR IDAHO Residing at: hU L f jj f,— `( Commission Expires: 10- Sanitary Sewer and Water Main Easement EASMT SW.doc ■■ Quadrant April 14,2006 Consulting, Inc. Page 1 of 2 EXIMIT "A" SEWER MAIN, WATER MAIN, PUBLIC UTILITY AND PRESSURIZED IRRIGATION EASEMENT An easement for the construction and maintenance of a sewer main and water main across a portion of the Southeast %4 of Section 32, Township *North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at the Southeast corner of said Section 32, thence along the South line of said Section being the centerline of East Ustick Road North 89°44'39" West 1118.13 feet; thence leaving said South line North 00°15'21" East 59.96 feet to the North Right - Of -Way line of said East Ustick Road; thence continuing North 00°15'21" East 450.85 feet to the POINT OF BEGINNING; thence North 00°1521" East 52.39 feet; thence South 89044'39" East 101.63 feet; thence South 00°03'02" West 51.93 feet; thence North 90000100" West 101.81 feet to the POINT OF BEGINNING. Said easement contains 5,306 square feet or 0.12 acres more or less. .1904 W. Overlond • Boise, ID 83705 • Phone (208) 342-0091 • Fox (208) 342-0092 • Email: quodront0quodront.cc Civil Engineering • Surveying • Construction Management 1/4 CORNER p N N 32 3 _U- N o NOW WRfp N tea. Z 1/le 1COk. N I O E- 0 2 z I I I n _n I'w t7 Z � Mao�rn _ I v^7 Ln _ roW WW Jp w�1 Q1N I� d (rT g w Z N p M p +� Z W 1'') O�f 0Op Dm G�V)V1 U W M z d) M 0 2 ( H 1n J J J 00 � IZ O 3 1538.33' 99 8'S 21'E 1118.13' 32j,,3 3 5 ,- BASIS OF BEARING 1/4 CORNER N 89'44'39" W 2656.46' ,Q EAST USTICK ROAD 5 4 E Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 4/19/2006 Re: Proposed Agenda Items for 4/25/06 City Council Meeting 0 City of Meridian Public Works Dept. -1 �`CEI'EiM APR I S 2096 City Clem f -� The Public Works Department respectfully requests that the following items be placed on the 4/25/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Centerpointe Subd by WH Moore. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main easement for Centerpointe Subd by WH Moore and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Centerpointe Subd by WH Moore. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main easement for Centerpointe Subd by WH Moore and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. 0 Page 1 11 • SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20 between 1,01A `C W -Tb , 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, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT SW.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: President Secretary STATE OF IDAHO ) ) ss County of Ada ) On this day ofpvi , 20 tip, before me, the undersigned, a Notary Public in and for said State, personally appeared %) j IA%;4nyj (}h re, and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist abgygj"Jjen. 0 0T •. N Al2Y 't = NOTARY PI JBIIC FOR IDAHO r * = Residing at:hIS�, �dt0,1nD PUBLIC Commission Expires: n l - 13 - Zwl- Sanitary Sewer and Waf&4M&E.ftroht EASMT SW.doc 0 • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, Jr., City Clerk Approved By City Council On: STATE OF IDAHO, ) : 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 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.doc April 14, 2006 Page 1 of 3 C ■■ ■■ Quadrant Consulting, Inc. EXM1T "A" SEWER AND WATER MAIN EASEMENT An easement for the construction and maintenance of a sewer main and water main across a portion of the Southeast'/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at the Southeast comer of said Section 32, thence along the South line of said Section being the centerline of East Ustick Road North 89°44'39" West 1168.04 feet; thence leaving said South line North 00° 15'21" East 64.34 feet to the North Right - Of -Way line of said East Ustick Road being the POINT OF BEGINNING; thence North 00°00'00" East 375.52 feet; thence North 90000'00" West 6.34 feet; thence North 00°00'00" East 20.00 feet; thence South 90°00'00" East 6.34 feet; thence North 00000'00" East 89.57 feet; thence North 14020'22" East 208.11 feet; thence North 00048'57" East 104.10 feet; thence North 00044'28" East 292.51 feet; thence North 90000'00" West 10.01 feet; thence North 00°00'00" East 20.00 feet; thence South 90°00'00" East 10.42 feet; thence North 00°17'25" East 205.03 feet; thence South 89043'47" East 34.00 feet; thence South 000 17'25" West 18.05 feet; thence 1904 W. Overland • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Email: quadrant@quadrant.cc Civil Engineering • Surveying • Construction Management • NE ■ ■ Quadrant April 14,2006 Consulting, Inc. Page 2 of 3 South 90000100" East 11.51 feet; thence South 00°15'21" West 20.00 feet; thence North 90000'00" West 11.52 feet; thence South 00017'25" West 577.34 feet; thence South 90°00'00" East 14.03 feet; thence South 00000'00" West 20.00 feet; thence North 90000'00" West 14.13 feet; thence South 00017'25" West 26.04 feet; thence South 22030'00" West 81.57 feet; thence South 1.1°15'00" West 74.12 feet; thence South 89044'39" East 12.64 feet; thence South 00°15'21" West 52.39 feet; thence North 90000'00" West 14.00 feet; thence South 00000'00" West 415.69 feet; thence South 90000'00" East 12.38 feet; thence South 00000'00" West 20.00 feet; thence North 90000'00" West 17.38 feet; thence South 00°00'00" West 7.06 feet to said North Right -Of -Way line; thence along said North Right -Of -Way line North 89044'39" West 33.20 feet; thence South 43°16'51" West 5.00 feet to the POINT OF BEGINNING. Said easement contains 51,852 square feet or 1.19 acres more or less. .1904 W. Overland • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Email: quadrant@quadrant.cc Civil Engineering • Surveying • Construction Management 0 April 21, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT W.H. Moore REQUEST Sanitary Sewer an, Centerpointe Subdivision: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: • April 25, 2006 ITEM NO. S -K Nater Main Easement Agreement No. 2 for COMMENTS See Attached Easement CITY SEWER DEPT: v CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDS DAVID NAVARRO AMOUNT 18.00 • BOISE IDAHO 06105/06 O1 PM II I DEPUTY Vicki Allan �I RECORDED -REQUEST OF 106070932 Quadrant Consulting SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made thisl'EL day oI 20Ibetween U the parties of the first part, and hereinafter called a 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, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT SW.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. President Secretary STATE OF IDAHO ) ss County of Ada ) On this day of 20 0 0 before me, the undersigned, a Notary Public in and for said State, personally appeared M Sjnj V� . 1A MY& and known or identified to me to be the ��� P�"� r �-- - - „e,.ti,e,., c� the � "�^ra+y� that executed the within instrument, and �7GT+` r�.�+1 a ��"� ^"" "'J 7 r acknowledged to me that eaelh�� executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year�ove written. L G/S�A&I ,�,P .........y r 140TARy % S. NOTARY PUBLIC FOR IDAHO * ; ..... * Residing at: '8D1 S� i InD Commission Expires: t - l.S. pi1BLIC 6&0=1 • Sanitary Sew •' RASMT Mdoc ,_�►�,i _� went • GRANTEE: CITY OF MERIDIAN Tammy de WeV Mayor r Attest by William G. Berg, r., dity Clerk Approved By City Council On: STATE OF IDAHO, ) : ss. County of Ada ) • On this—Iltday of _ ,AQQ , 200 before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Shklm&n"4e - NOTARY PUBLIC FOR IDAHO Residing at: VVI I b& 'kI Commission Expires: I p Is- - i i Sanitary Sewer and Water Main Easement EASMT SW.doc ■■ Quadrant April 14,2006 Consulting, Inc. Pagel of 3 EDIT "A" SEWER AND WATER MAIN EASEMENT REVISED APRII,14, 2006 An easement for the construction and maintenance of a sewer main and water main across a portion of the Southeast '/a of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at the Southeast corner of said Section 32, thence along the South line of said Section being the centerline of East Ustick Road North 89°4439" West 476.88 feet; thence leaving said South line North 001 15'21" East 41.74 feet to the North Right -Of - Way line of said East Ustick Road being the POINT OF BEGINNING; thence North 00000'00" East 52.28 feet; thence North 90000100" West 206.03 feet; thence North 00000'00" East 70.80 feet; thence South 90000'00" East 20.00 feet; thence South 00000'00" West 50.80 feet; thence South 90000'00" East 186.03 feet; thence North 00000'00" East 13.00 feet; thence South 9.0000'00" East 204.29 feet; thence North 00000'00" East 118.22 feet; thence North 90000'00" West 11.48 feet; thence North 00000'00" East 20.00 feet; thence South 90000'00" East 11.48 feet; thence North 00000'00" East 251.71 feet; thence North 00045'09" West 143.79 feet; thence North 90000'00" West 10.00 feet; thence North 00°45'09" West 20.00 feet; thence South 90°00'00" East 10.00 feet; thence North 00045'09" West 236.24 feet; thence North 00000'00" East 126.87 feet; thence North 90000'00" West 13.57 feet; thence North 00000'00" East 20.00 feet; thence South 90000'00" East 13.57 feet; thence North 00000'00" East 294.09 feet; thence North 90000100" West 421.63 feet; thence South 00000'00" West 52.62 feet; thence North 90000'00" West 20.00 feet; thence North 00000'00" East 52.62 feet; thence North 90000'00" West 344.79 feet; thence North 000 15'21" East 20.00 feet; thence South 90000'00" East 1051.06 feet to the West Right -Of -Way line of North Eagle Road; thence along said West Right -Of -Way line ,1904 W. Overland • Boise, lb 83705 • Phone (208) 342-0091 • Fox (208) 342.0092 • Email: quadrant@quadrant.cc Civil Engineering • Surveying • Construction Management ■■ Quadrant April 14,2006 Consulting, Inc. Page 2 of 3 South 0003011911 West 20.00 feet; thence leaving said West Right -Of --Way line North 90000100" West 231.56 feet; thence South 00000'00" West 440.74 feet; thence South 00045109" East 400.03 feet; thence South 00000'00" West 423.16 feet; thence North 90000'00" West 199.99 feet; thence South 00000100" West 51.83 feet to said North Right -Of -Way line of said East Usitck Road; thence along said North Right -Of -Way line South 8901811411 West 37.30 feet to the POINT OF BEGINNING. Said easement contains 78,303 square feet or 1.80 acres more or less. .1904 W. Overland • Boise, ID 8370$ • Phone (2081342-0091 • Fax (208)342-0092 • Email: quadrant@quadrant.cc Civil Engineering • Surveying • Construction Management 0 0 co Be) cVL� 1;0 K) =ILLS JLLS w..0 a¢ ¢a NsaooroD'w 3a�.a�' S 1/4 CORNER 3233 v n m I pY7N�yp{�9Nems. � N y—�O QNg— gig �[S Y1 g g1f�17 W a i� #a rpp P. a4''J[' CIw 88 OQOO 9 •pp W ONSNp�y� O�MNMhMd NM �Py� 1!'� .%�J }��� � �•$�" �' � Ia kn D } b �a $ " C S 4t 00 IE 19mv �z 0 Neavaaow 2MC& mwoww 1ekw 32�3s g � � BASIS OF BEARING � � � � S q. 1/4 CORNER N 89'14'39' W 2888.48' � ££asr usncK Roao7 I POINT OF 0 Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Is City of Meridian Public Works Dept. Date: 4/19/2006 Re: Proposed Agenda Items for 4/25/06 City Council Meeting eity 00/ieridia-n City Clear Office The Public Works Department respectfully requests that the following items be placed on the 4/25/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Centerpointe Subd by WH Moore. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main easement for Centerpointe Subd by WH Moore and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Centerpointe Subd by WH Moore. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main easement for Centerpointe Subd by WH Moore and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 SANTTARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20 between ��asa) , 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, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT SW.doc i 0 THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Secretary STATE OF IDAHO ) ss County of Ada ) On this (P 44-- — day of Ao v, k , 20.D6 , before me, the undersigned, a Notary Public in and for said State, personally appeared 11\llins O 14 - U h(-)V;b and . known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist aboye,written. .140TARy NOTARY PUBLIC FOR IDAHO •+ : * = Residing at:_ ?XlSe t 1ddl t) •Commission Expires: L - 1 -20 12. PUBLIC Sanitary Sewer and M*14W—bk Kit EASMT SW.doe • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, Jr., City Clerk Approved By City Council On: STATE OF IDAHO, ) : 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 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.doc n LJ April 14, 2006 Page 1 of 2 i ■■ ■■ Quadrant Consulting, Inc. EX MIT "A" SEWER MAIN, WATER MAIN, PUBLIC UTILITY AND PRESSURIZED IRRIGATION EASEMENT An easement for the construction and maintenance of a sewer main and water main across a portion of the Southeast 1/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at the Southeast corner of said Section 32, thence along the South line of said Section being the centerline of East Ustick Road North 89°44'39" West 1118.13 feet; thence leaving said South line North 00°15'21" East 59.96 feet to the North Right - Of -Way line of said East Ustick Road; thence continuing North 00°15'21" East 450.85 feet to the POINT OF BEGINNING; thence North 000 15'21" East 52.39 feet; thence South 89044139" East 101.63 feet; thence South 00003'02" West 51.93 feet; thence North 90°00'00" West 101.81 feet to the POINT OF BEGINNING. Said easement contains 5,306 square feet or 0.12 acres more or less. 1904 W. Overland • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Email: quadrant@quadrant.cc Civil Engineering • Surveying • Construction Management 0 April 21, 2006 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT W.H. Moore ITEM NO. 5-L REQUEST Water Main Easement Agreement No. 3 for Centerpointe Subdivision 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: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ADA COUNTY RECORQE DAVID NAVARRO AMOUNT 16,00 • BOISE IDAHO OSM06 IF PBI DEPUTY Vicki Allen 1111111111111111111111111111111 I II 111 RECORDED -REQUEST OF 106070930Quadrant ConsuNng M A►TER MAIN EASEMENT THIS INDENTURE, made thi65day o MUetween the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all tunes. 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 construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTRdoc 0 • THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Secretary STATE OF IDAHO ) ) ss County of Ada ) On this _ day of Any% 1201 , before me, the undersigned, a Notary Public in and for said State, personally appeared _WjZ%Abp A . 9 p0 YQ., _and known or identified to me to be the =hat s� that executed the within instrument, and actino ged to mseek -ee p9m ion ko, executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ....,...- ,ILP••-•......•. r� riOTARp (SEAL) s PEJ13LIC L2 t A�k� NOTARY PUBLIC FOR IDAHO Residing at �riT 1S&jAa1A d _ Commission Expires: - A i - t3.2 -D M Water Main Easement SMT WTR.doc GRAN'T'EE: CITY OF MERIDIAN Tammy de W ayor Attest by William G. Berg, ity Clerk Approved By City Council On: STATE OF IDAHO, . ss. County of Ada • On this 9-0"day of 200& before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) 96,M al , NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: — L Water Main Easement EASMT WTRdoc ■■ ■■ Quadrant April 14,2006 Consulting, Inc. Page 1 of 2 EXHIBIT "A" WATER MAIN EASEMENT An easement for the construction and maintenance of a water main across a portion of the Southeast V4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at the Southeast corner of said Section 32, thence along the South line of said Section being the centerline of East Ustick Road North 89°44'39" West 1118.13 feet; thence leaving said South line North 00°15'21" East 59.96 feet to the North Right - Of -Way line of said East Ustick Road; thence continuing North 00°15'21" East 647.35 feet; thence South 89°42'35" East 36.10 feet to the POINT OF BEGINNING; thence North 000 17125" East 20.00 feet; thence South 8904235" East 367.91 feet; thence South 00000'00" East 28.83 feet; thence North 90000100" East 20.00 feet; thence South 00000100" West 48.93 feet; thence North 89042135" West 388.01 feet to the POINT OF BEGINNING. Said easement contains 8,337 square feet or 0.19 acres more or less. ,1904 W. Overland • Boise, l0 83705 • Phone (208) 342-0041 • Fax (208) 342-0092 • Email. quadrant®quodrant.cc Civil Engineering • Surveying • Construction Management w 1/4 CORNER 32 ^ 33 NN Iq NO N W N OW ` c 4¢ g� �n- z 7 I� I � pppQ w 00 00 4f 0 ._.t Nd'NN a[ W W O J C9 O p O to F f� z 054 h� 000 q I Z z m 0 0 M 0 : ppzcnzz I zLotto H p a �d �i 5 S89'42'35'£ 367.91' N89'42'35"W 388.01' I Z cm W m I L� Izz o �g z o W Lo b } 10 W d In J I- do �Z Q 0 1538.33' 59.S�21"E tt1813' 32 3 BASIS OF HEARING S�.3 4 1/4 CORNER N 89'44'39" W 2656.46' I EAST U571CK ROAD 0 Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 4/19/2006 Re: Proposed Agenda Items for 4/25/06 City Council Meeting City of Meridian Public Works Dept. RECTAN /-ga) APR 2006 City Of Nleri.di Cit3f Clerk O: CE; The Public Works Department respectfully requests that the following items be placed on the 4/25/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Centerpointe Subd by WH Moore. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Centerpointe Subd by WH Moore and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Centerpointe Subd by WH Moore. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Centerpointe Subd by WH Moore and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. 0 Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20 between k1)� , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the parry of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished Water Main Easement EASMT WTR.doc 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: Secretary STATE OF IDAHO ) ) ss County of Ada ) On this day of —An -L1 —, 20� before me, the undersigned, a Notary Public in and for said State, personally appeared �N �v\-,JtM . 1A ho Y'e, and . known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ......... VIC a N0TAI? 6. /.1,Ul�syJ (SEAL) _,t , : * = NOTARY PUBLIC FOR IDAHO Residing at I S6 , 1 dd 1Ah PUBLIC % Commission Expires: Water Main Easement EASMT WTRdoc GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ss. County of Ada 0 On this day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR.doc • April 14, 2006 Pagel of 2 E)NMIT "A" WATER MAIN EASEMENT 0 ■■ Quadrant Consulting, Inca An easement for the construction and maintenance of a water main across a portion of the Southeast V4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at the Southeast corner of said Section 32, thence along the South line of said Section being the centerline of East Ustick Road North 89°44'39" West 1118.13 feet; thence leaving said South line North 00° 15'21" East 59.96 feet to the North Right - Of -Way line of said East Ustick Road; thence continuing North 00° 15'21" East 647.35 feet; thence South 89°42'35" East 3 6. 10 feet to the POINT OF BEGINNING; thence North 00017'25" East 20.00 feet; thence South 89042'35" East 367.91 feet; thence South 00°00'00" East 28.83 feet; thence North 90°00'00" East 20.00 feet; thence South 00000'00" West 48.93 feet; thence North 89042'35" West 388.01 feet to the POINT OF BEGINNING. Said easement contains 8,337 square feet or 0.19 acres more or less. 1904 W. Overland • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Email: quadrant@quadrant.cc Civil Engineering 9 Surveying • Construction Management • April 21, 2006 • MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT W.H. Moore ITEM NO. 5-M REQUEST Sanitary Sewer and Water Main Easement Agreement No. 4 for Centerpointe Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Easement Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECOR02J. DAVID NAVARRO AMOUNT 18.00 1 • BOISE IDAHO 00105/06W7 PM DEPUTY VIGN Allan �,I �i�litIIIIIIIIIIIIIIIII'f �I' II�'ll RECORDED—REQUEST OF i�i�7193 Quadrant Conauldng SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made thigi_5 day o20Ibetween W, *Y\1-1__,, the parties of the first part, and hereinafter called a 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 EXHMITS 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, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT SW.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. President Secretary STATE OF IDAHO ) ss County of Ada ) On this day of 1 20 0LQbefore me, the undersigned, a Notary Public in and for said State, personally appeared WC& and known or identified to me to be the _RM-1-sid-effit-a P841S -• tbP� raioa that executed the within instrument, and acknowledged to me that �e-1-" - executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year Vh Qove written. yt A&I j40TARy • NOTARY PUBLIC FOR IDAHO Residing at: C i Se, tACY1D— z �"UBLIC ,- Commission Expires: b t - t32b.IL- sanitary sew& %i lasement EASMT Mdoc 0 GRANTEE: CITY OF MERIDIAN Tammy de We#Mayor Attest by William G. Berg, r., dity Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) �- osi ab • On this qday of , 200tn 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) of- oyrwM&yL'--ff- - NOTARY PUBLIC FOR IDAHO Residing at: YVI.c f ha Commission Expires: Sanitary Sewer and Water Main Easement EASMT SW.doc ■E ■■ Quadrant April 14,2006 Consulting, Inc. Pagel of 3 EXHEBIT "A" SEWER AND WATER MAIN EASEMENT REVISED APRIL 149 2006 An easement for the construction and maintenance of a sewer main and water main across a portion of the Southeast'/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at the Southeast corner of said Section 32, thence along the South line of said Section being the centerline of East Ustick Road North 89044'39" West 476.88 feet; thence leaving said South line North 00°15'21" East 41.74 feet to the North Right -Of - Way line of said East Ustick Road being the POINT OF BEGINNING; thence North 00000'00" East 52.28 feet; thence North 90000100" West 206.03 feet; thence North 00000'00" East 70.80 feet; thence South 90000'00" East 20.00 feet; thence South 00000'00" West 50.80 feet; thence South 90000'00" East 186.03 feet; thence North 00000'00" East 13.00 feet; thence South 90000'00" East 204.29 feet; thence North 00000100" East 118.22 feet; thence North 90000'00" West 11.48 feet; thence North 00000100" East 20.00 feet; thence South 90000'00" East 11.48 feet; thence North 00000100" East 251.71 feet; thence North 00045'09" West 143.79 feet; thence North 90000100" West 10.00 feet; thence North 00045109" West 20.00 feet; thence South 90000'00" East 10.00 feet; thence North 00045'09" West 236.24 feet; thence North 00000100" East 126.87 feet; thence North 90000100" West 13.57 feet; thence North 00000'00" East 20.00 feet; thence South 90°00'00" East 13.57 feet; thence North 00000'00" East 294.09 feet; thence North 90000'00" West 421.63 feet; thence South 00000'00" West 52.62 feet; thence North 90000'00" West 20.00 feet; thence North 00000'00" East 52.62 feet; thence North 90000'00" West 344.79 feet; thence North 00°15'21" East 20.00 feet; thence South 90000'00" East 1051.06 feet to the West Right -Of -Way line of North Eagle Road; thence along said West Right -Of -Way line •1904 W. Overland • Boise, l0 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Email: quadrant@quadrarnt.cc Civil Engineering • Surveying • Construction Management r■ ■■ Quadrant April 14,2006 Consulting, Inc. Page 2 of 3 South 0003011911 West 20.00 feet; thence leaving said West Right -Of -Way line North 90000'00" West 231.56 feet; thence South 00000'00" West 440.74 feet; thence South 00045'09" East 400.03 feet; thence South 00°00'00" West 423.16 feet; thence North 90000'00" West 199.99 feet; thence South 00000100" West 51.83 feet to said North Right -Of -Way line of said East Usitck Road; thence along said North Right -Of -Way line South 8901811411 West 37.30 feet to the POINT OF BEGINNING. Said easement contains 78,303 square feet or 1.80 acres more or less. ,1904 W. overland • Boise, IQ 83705 • Phone (208) 342-0091 • Fox(208)342-0092 • Email: quadrantftuadrant.cc Civil Engineering • Surveying • Construction Management CORNER 1/4 CORNER ja §16 go k k k k k' M1 } b kQ so 33 BASIS OF BEARING —$ 4 N >� 44'39' W 2688.E J /,f4 AST USTICK ROAD POINT OF o �app��p�p an8.0"8 N tffa N -�0—Is N Wpp 90� W � a nW c�z � �pv�p w�pp(Jy� Ov, h 8il i7 gO ��dG' Qo �J��JOyy 2 M 0�[E[11- !nlfl! J j JJJJ J 1/4 CORNER ja §16 go k k k k k' M1 } b kQ so 33 BASIS OF BEARING —$ 4 N >� 44'39' W 2688.E J /,f4 AST USTICK ROAD POINT OF • Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File U City of Meridian Public Works Dept. Date: 4/19/2006 Re: Proposed Agenda Items for 4/25/06 City Council Meeting a City Of Meridiwg City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 4/25/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Centerpointe Subd by WH Moore. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Centerpointe Subd by WH Moore and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Centerpointe Subd by WH Moore. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Centerpointe Subd by WH Moore and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20 between ,W f-nMICU , 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, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT SW.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. • ' QQPresident ;Y.i r Secretary STATE OF IDAHO ) ss County of Ada ) On this _ day of o � 1 1 , 200�o, before me, the undersigned, a Notary Public in and for said State, personally appe I` IVlsin --VA. 0 6om and , known or identified to me to be the President and Secretary, respectively, of the corporation that executed_ the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year,f,§X,above written. �tE L GIQ •% f 14OTAIR11 NOTARY PUBLIC FOR IDAHO Residing at: PUBLIC Commission Expires: 'fn -13 .2b t1. Sanitary Sew&*P%fjjq EASMT SW.doc 11 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, Jr., City Clerk Approved By City Council On: STATE OF IDAHO, ) : 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 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.doc So ■■ Quadrant April 14,2006 Consulting, Inc. Page 1 of 3 EXHIBIT "A" SEWER AND WATER MAIN EASEMENT REVISED APRIL 14, 2006 An easement for the construction and maintenance of a sewer main and water main across a portion of the Southeast'/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at the Southeast comer of said Section 32, thence along the South line of said Section being the centerline of East Ustick Road North 89°44'39" West 476.88 feet; thence leaving said South line North 00° 15'21" East 41.74 feet to the North Right -Of - Way line of said East Ustick Road being the POINT OF BEGINNING; thence North 00000'00" East 52.28 feet; thence North 90000'00" West 206.03 feet; thence North 00000100" East 70.80 feet; thence South 90°00'00" East 20.00 feet; thence South 00000100" West 50.80 feet; thence South 90000'00" East 186.03 feet; thence North 00000'00" East 13.00 feet; thence South 9.0000100" East 204.29 feet; thence North 00000'00" East 118.22 feet; thence North 90°00'00" West 11.48 feet; thence North 00000'00" East 20.00 feet; thence South 90000'00"East 11.48 feet; thence North 00000'00" East 251.71 feet; thence North 00045'09" West 143.79 feet; thence North 90000'00" West 10.00 feet; thence North 00045'09" West 20.00 feet; thence South 90°00'00" East 10.00 feet; thence North 00045'09" West 236.24 feet; thence North 00000'00" East 126.87 feet; thence North 90000'00" West 13.57 feet; thence North 00000'00" East 20.00 feet; thence South 90000'00" East 13.57 feet; thence North 00000100" East 294.09 feet; thence North 90000'00" West 421.63 feet; thence South 00°00'00" West 52.62 feet; thence North 90°00'00" West 20.00 feet; thence North 00°00'00" East 52.62 feet; thence North 90000'00" West 344.79 feet; thence North 000 15'21" East 20.00 feet; thence South 90000'00" East 1051.06 feet to the West Right -Of -Way line of North Eagle Road; thence along said West Right -Of -Way line ,1904 W. Overland • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Email: quadrant@quadrant.cc Civil Engineering • Surveying • Construction Management ■■ Quadrant April 14,2006 Consulting, Inc. Page 2 of 3 South 00030119" West 20.00 feet; thence leaving said West Right -Of -Way line North 90000'00" West 231.56 feet; thence South 00000'00" West 440.74 feet; thence South 00°45'09" East 400.03 feet; thence South 00000'00" West 423.16 feet; thence North 90°00'00" West 199.99 feet; thence South 00000'00" West 51.83 feet to said North Right -Of -Way line of said East Usitck Road; thence along said North Right -Of -Way line South 89018'14" West 37.30 feet to the POINT OF BEGINNING. Said easement contains 78,303 square feet or 1.80 acres more or less. .1904 W. Overland • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Email: quadrant@quadrant.cc Civil Engineering o Surveying • Construction Management 2-7-,/-7/7-/-r ./�'r77Tr T,7 Ti 77 r,-.rr.^.' :•-r swwl N9o0aaa`W 344a9 N90' OO'W 421 444 • d't a 1f4 CORNER 3233 cj cy c C no cl F Lt ® �O Q i t cn �< 149a'DQ WV 2D6.CWwm= t V 19922 t Y 84UW Y 4D7 t'E 416.@ 5 BEARING 5 4 CORNER --- N 89'44°39' iB 1 rL EAST USTICK ROAD POINT OF BEGINNING aa0000aoopppoo.4. OONCD cd to 4+000 8pN q) t0 aLdp I V)a 07 LINO N IIA OOa'!.•� 6 N' 9 t<L�O .� N °-iDaO.t70Y] .- a- M z N ,r tW .- f0 Na 0 N 'D N 20 r� M Ba_[ ppp6��� 171, 8, < N <w � W F Lt ® �O Q i t cn �< 149a'DQ WV 2D6.CWwm= t V 19922 t Y 84UW Y 4D7 t'E 416.@ 5 BEARING 5 4 CORNER --- N 89'44°39' iB 1 rL EAST USTICK ROAD POINT OF BEGINNING aa0000aoopppoo.4. OONCD C� to 4+000 8pN q) t0 r�=v*40 to�aaOs0 I V)a 07 LINO N IIA OOa'!.•� 6 N' 9 .- .� N °-iDaO.t70Y] .- a- N ,r tW .- f0 Na 0 N 'D N 20 r� M ppp6��� 171, 8, COOS, 8 00 8 O a O - ... C -Q r lo O.O.O.O ♦ O• O O C b O O a.1 zImno' mRh Rai (n (4 zz Zwz wa M � -t 201WrM m off• d' Ntl• -t M. •jJJJO5JJJ F Lt ® �O Q i t cn �< 149a'DQ WV 2D6.CWwm= t V 19922 t Y 84UW Y 4D7 t'E 416.@ 5 BEARING 5 4 CORNER --- N 89'44°39' iB 1 rL EAST USTICK ROAD POINT OF BEGINNING en I F Lt ® �O Q i t cn �< 149a'DQ WV 2D6.CWwm= t V 19922 t Y 84UW Y 4D7 t'E 416.@ 5 BEARING 5 4 CORNER --- N 89'44°39' iB 1 rL EAST USTICK ROAD POINT OF BEGINNING April 21, 2006 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT Public Works Department ITEM NO. 5-N REQUEST Award of Bid for Procurement of Biosolids Direct Dryer System to Andritz-Ruthner, 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 Attached Memo Contacted: Date: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. Phone: 0 APR 2 0 2006 ���� of kt1 trid0avk clay cbisk �fl'c Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 04/20/2006 Re: Proposed Agenda Item for April 25, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 25 City Council agenda, under Consent Agenda, for Council's consideration: Procurement of Biosolids Direct Dryer System. One bid was received for this project as summarized below and detailed in the attached spreadsheet: Andritz-Ruthner, Inc. $2,874,980 Engineers Estimate $2,888,600 The project consists of the procurement of one biosolids direct drying and pelletization system, with a design evaporation rate of at least 4,400 pounds water per hour. System shall include, but not be limited to wet cake transport, conveying, mixing, and classifying equipment; fugitive dust system, and truck loading facilities, explosion safety system, electrical and controls components to form a complete and operable system. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Procurement of Biosolids Direct Dryer System with Andritg-Ruthner, Inc. for $2,874,980 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 •'I M 4 c� c C d CL 'm 11 E m v o LU >, C1 'a N coo d .0 J CL c N +O .. Lo. IL N v a -W i N C C c 3 c o 0. o E m c m coy m LU �_ v moC -a Ct av m Q d1!t m C L c CO v X X Z Z ti NIx V d v C >% Of 'p N d J c 0 CL "aQ E m c d O c 'c& m o a CL 0 m m rr �d Q aC Q vi v m m v >, C1 'a N d .0 J CL N +O .. Lo. IL N v a -W i N C C c 3 m o 0. o E m c m coy m �_ �_ v moC -a m av m Q d1!t m • April 21, 2006 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT Public Works Department ITEM NO. 5-0 REQUEST Award of Bid for Parkway Subdivision Pressure Irrigation Interconnect to Mike Rice Construction: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Memo CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. City Of Meridian City Clerk ®face Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File Date: April 20, 2006 Re: Proposed Agenda Item for April 25, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 25 City Council agenda, under Consent Agenda, for Council's consideration: Approval of bid for Parkway Subdivision Pressure Irrigation Interconnect Three contractors submitted bids for this project which consists of approximately 500 feet of irrigation pipe and related work to connect the Parkway Subdivision to Nampa Meridian Irrigation District system. Mike Rice Excavation was the low bidder at $15,460. Recommended Council Action: The Public Works Department recommends that City Council approve award of the bid of $15,460 from Mike Rice Construction for the Parkway Subdivision Pressure Irrigation Interconnect construction project. Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 0 0 Parkway Subdivision Pressure Irrigation Interconnect Bid Sheet Item Estimated Descriptio Item Ouantity Unit n Unit Bid Bid Item rl_: T.,4_1 1 1 LS Mobilization I wv V L41 2 1 LS Clearing and Grubbing 3 1 LS Removal of Obstructions - 4 513 LF 4" Class 200 PVC Irrigation Pipe 5 12 LF 6" Class 200 PVC Irrigation Pie 6 50 LF 8" AWWA C900, SDR 25, PVC Casing Pipe 2 iz5o - 7 2 EA 4" Gate Valven� g®� 8 1 EA 6" Gate Valve 9 230 LF Remove and Reconstruct Existing Ditch 10 270 LF Remove and Reconstruct Electric Fence 11 310 LF Remove Existing Wooden Fence 12 310 LF Install 3 -strand Barbed Wire Fence 131 421 LF Install and Remove Temporary Fence I `� `f 7— RespectfulI Submitted: Signature Name n wy? ek— Title Date Total of Bid Schedule / 4400, 00 Mike Rose Name of Company ?--7 S/ 5, Noarl Address / j®11UO -C r `( License Number l� U April 21, 2006 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT ITEM NO. S -P REQUEST Approve Beer, Wine and Liquor License Renewals: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached List of Renewals Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • Beer, Wine & Liquor License Renewals for Approval by City Council on April 25, 2006 Business Address Type of License Albertson's #164 20 E. Fairview Avenue Beer & Wine Albertson's #180 3301 W. Cherry Lane Beer & Wine Andrade's 2031 E. Fairview Avenue Ste. 103 Beer & Liquor Double D Home & Ranch 3100 S. Meridian Road Beer & Wine Epi's A Basque Restaurant 1115 N. Main Street Beer & Wine Fiesta Guadalajara 704 E. Fairview Avenue Beer & Liquor Jack in the Box Quick Stuff 3010 E. Goldstone Drive Beer & Wine Johnny Carino's Country Italian 3551 W. Fairview Avenue Beer & Liquor Louie's Pizza & Italian Restaurant 2500 E. Fairview Avenue Beer & Liquor Red Robin 1475 N. Eagle Road Beer & Liquor Sa Wad Dee Thai Restaurant 1890 E. Fairview Avenue #B Beer & Wine St. Lukes Medical Center 520 S. Eagle Road Beer & Wine Smoky Mountain Pizza & Pasta 114 E. Idaho Avenue Beer & Wine Texas Roadhouse 3801 E. Fairview Avenue Beer & Liquor Tony Rama's 790 S. Progress Avenue Beer & Liquor Updated 04-19-06 April 21, 2006 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT ITEM NO. S -Q REQUEST Temporary License Agreement with ACHD for Gateway Art Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Skiff Initials:,,���I� Materials presented at public meetings X111 bebbi� 'broperly dlti the CIS 9t Meridlan. 0 0 Property Management No. 1831 -1686 - 0406 Street: T 3N , R 1E , S 18 TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICENSE AGREEMENT ("Agreement") is made and entered into this 24th day of April , 20 , by and between the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, ("ACHD") and the City of Meridian, a municipal corporation and political subdivision of the State of Idaho ("Licensee"). WITNESSETH: For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. RECITALS 1.1 ACHD owns and has exclusive jurisdiction over the public right-of-way located in Ada County, Idaho, more particularly described In Exhibit "A" attached hereto ("Right -of -Way"). 1.2 Licensee desires a license to use the Right -of -Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACHD is willing to extend such license to Licensee. SECTION 2. LICENSE; LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends to Licensee a license on, over, across and under the Right -of -Way for the following uses and purposes ("Authorized Use") and no others: For the placement of a sign/sculpture and base as depicted in Exhibit `B" attached hereto; such sign/sculpture and base to be approximately 17 feet in height, 14 feet in width, and 2 feet in depth. Licensee to contact Digline Inc., prior to start of construction. Licensee to contact Construction Services at 387-6280 to verify if a construction permit is required. 2.2 This Agreement does not extend to Licensee the right to use the Right -of - Way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use public right-of-way. If the Right -of - Way has been opened as a public Highway (as used in the Agreement the term "Highway" is as defined in Idaho Code § 40-109(5)) Licensee's Authorized Use is subject to the rights of the public to use the Right -of -Way for Highway purposes. Licensee's Authorized Use is also subject to the rights of holders of easements of LICENSE AGREEMENT - Page 1 • 0 record or obvious on inspection of the Right -of -Way and statutory rights of utilities to use the public right-of-way. This Agreement it is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. SECTION 3. CONSTRUCTION OR INSTALLATION OF IMPROVEMENTS. The installation or construction of improvements by Licensee in the Right -of -Way as permitted by the Authorized Use (the "Improvements") shall be accomplished as depicted in the site plan attached hereto as Exhibit "C." By this agreement, ACHD approves the site plan and finds that such plan satisfies applicable laws, ACHD policies and good engineering practices. In approving such plans and specifications, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Improvements, and the responsibility therefore shall be and remain in Licensee. SECTION 4. WAIVER AND ESTOPPEL STATEMENT BY LICENSEE. Licensee acknowledges and agrees that the license granted herein is temporary, non- transferable, and merely a permissive use of the Right -of -Way pursuant to this Agreement. Licensee further acknowledges and agrees that it specifically assumes the risk that the license pursuant to this Agreement may be terminated before Licensee has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Improvements, and Licensee hereby waives and estops itself from asserting any claim that the license is in any way irrevocable because Licensee has expended funds on the Improvements and the Agreement has not been in effect for a period sufficient for Licensee to realize the economic benefit from such expenditures. SECTION 5. TERM. 5.1 The term of this Agreement shall be the earlier of two (2) years, commencing the date of this Agreement, and ending on the 24th day of April , 2008 or onset of construction of Meridian Split Corridor project and thereafter shall continue on a month to month basis unless and until terminated by either party by written notice given to the other, in which event this Agreement shall terminate as specified in the notice, but no sooner than at the end of the next month. 5.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder, ACHD may terminate this Agreement and the rights extended to Licensee hereunder at any time, effective at the end of thirty (30) days following the date ACHD shall provide written notice of termination to Licensee, which notice shall specify such default(s). Licensee shall have such thirty (30) day period to correct and cure the specified defaults, and if so corrected and cured to the satisfaction of ACRD, this Agreement shall not be terminated but shall continue in full force and effect. LICENSE AGREEMENT - Page 2 • s SECTION 6. FEE. There is no fee for the Licensee's Authorized Use of the Right -of - Way under this Agreement. SECTION 7. MAINTENANCE; FAILURE TO MAINTAIN. 7.1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD, and sound engineering practices. Licensee shall have access on, over, across and under the Right -of -Way for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Right -of -Way is damaged as a result of: (i) the performance by Licensee of maintenance or the failure or neglect to perform such maintenance; and/or (ii) Licensee's design, installation, or use of the Improvements, regardless of cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Right - of -Way to the same condition it was in prior thereto, and if Licensee shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 7.3 Notwithstanding the provisions of section 7.2, should an emergency exist related to the Licensee's use of this license which threatens the stability or function of the Highway on or adjacent to the Right -of -Way or the safety of the public use thereof, ACHD shall have the right to immediately perform, on behalf of and at the cost of Licensee, necessary emergency repairs. SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right -of -Way be widened and/or realigned, redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for all costs of relocating, modifying or otherwise adapting the Improvements to such widening, realignment, redesigning, improvement, and/or reconstruction if required by ACHD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACHD in writing; provided Licensee may elect to terminate this Agreement in lieu of complying with this responsibility, and further provided ACHD gives Licensee adequate written notice as necessary to allow Licensee to redesign, relocate, modify or adapt the Improvements to the widening, realignment, redesigning, improvement, and/or reconstruction of the Highway and also licenses Licensee such additional area of its right-of-way, if any, as may be necessary for the proper operation of the Improvements. SECTION 9. PERMIT If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof, requires Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit LICENSE AGREEMENT - Page 3 0 o from ACHD before commencing such work, and pay the required fees and otherwise comply with the conditions set forth therein. SECTION 10. NO TITLE IN LICENSEE. Licensee shall have no right, title or interest in or to the Right -of -Way other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 11. NO COSTS TO ACHD. Any and all costs and expenses associated with Licensee's Authorized Use of the Right -of -Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION 12. TAXES AND ASSESSMENTS. Licensee agrees to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement. SECTION 13. RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensee will promptly remove all Improvements and restore the Right -of - Way to at least its present condition. Should Licensee fail or neglect to promptly remove the Improvements and restore the Right -of -Way, ACHD may do so, and assess Licensee for the costs thereof. Provided, ACHD and Licensee may agree in writing that some or all of such Improvements are to remain on the Right -of -Way following termination, and by entering into such an agreement Licensee thereby disclaims all right, title and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost. SECTION 14. INDEMNIFICATION. Licensee hereby indemnifies and holds ACHD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens, arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents, to properly and reasonably make Authorized Use of the Right -of -Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Right -of -Way by Licensee, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglects occurring during the term of this Agreement Licensee's obligations pursuant to this section shall survive the termination of this Agreement. SECTION 15. COMPLIANCE WITH LAW WASTE AND NUISANCES PROHIBITED. In connection with Licensee's use of the Right -of -Way, throughout the term of this Agreement, Licensee covenants and agrees to: (i) comply and observe in all respects any and all federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety; (ii) obtain any and all permits and approvals required by ACHD or any other unit of government; and (iii) commit no waste or allow any nuisance on the Right -of -Way. Licensee covenants and agrees to indemnify and hold ACHD harmless from and against any and all claims, LICENSE AGREEMENT - Page 4 0 0 demands, damages, liens, liabilities and expenses (including, without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. SECTION 16. ASSIGNMENT. Licensee cannot sell, assign or otherwise transfer this Agreement, the license herein extended, or any of its rights hereunder except with the prior written consent of ACHD, which consent will not be granted unless the assignee assumes all obligations, warranties, covenants and agreements of Licensee herein contained. SECTION 17. ATTORNEYS' FEES. In any suit, action or appeal to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 18. NOTICE. Any notice under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days following the day of deposit in the United States Mails, (c) the day of delivery to the overnight courier, or (d) the day facsimile delivery is electronically confirmed. If to ACHD: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 Attn: Right of Way Division If to Licensee: City of Meridian 703 N. Main Street Meridian, Idaho 83642 SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and, if consented to by ACHD under section 16, Licensee's assigns. SECTION 20. EXHIBITS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 21. WARRANTY OF AUTHORITY TO EXECUTE. 21.1 The person executing this Agreement on behalf of ACHD represents and warrants due authorization to do so on behalf of ACHD, and that upon execution of this LICENSE AGREEMENT - Page 5 0 Agreement on behalf of ACRD, the same is binding upon, and shall inure to the benefit of, ACHD. 21.2 If Licensee is not a natural person, the person executing the Agreement on behalf of Licensee represents and warrants due authorization to do so on behalf of Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is binding upon, and shall inure to the benefit, of Licensee. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. ADA COUNTY HIGHWAY DISTRICT By; Gary lineiman Its: Manager, ROWD6 LICENSEE: CITY OF MERIDIAN S�tt111999!!Jlg� By:Tam eer Its: May A� ftGlii!littitt44l4 LICENSE AGREEMENT - Page 6 0 # EXHIBIT "A" LEGAL DESCRIPTION OF RIGHT-OF-WAY A license for sign purposes located in Government Lot 2 of Section 18, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwesterly corner of said Government Lot 2, from which a 5/8 inch diameter iron pin marking the northwesterly corner of said Government Lot 2 bears N 0048148" E a distance of 1389.38 feet; Thence N 31'24'09" E a distance of 203.65 feet to a point on the northeasterly right-of- way of East Central Drive; Thence N 58°57'43" W along said northeasterly right-of-way a distance of 15.48 feet to the POINT OF BEGINNING; Thence continuing N 58°5743" W a distance of 15.97 feet to a point; Thence leaving said northeasterly right-of-way a distance of 26.13 feet along the arc of a 8.00 foot radius curve left, said curve having a central angle of 187°10'00" and a long chord bearing S 58°57'43" E a distance of 15.97 feet to the POINT OF BEGINNING. This parcel contains 108 square feet (0.003 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS 'r Civil Survey Consultants, Incorporated March 7, 2006 � 3081 a >r31�lob r LICENSE AGREEMENT - Page 7 0 April 21, 2006 AZ 05-051 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT Centennial Development, LLC ITEM NO. 9 REQUEST Continued Public hearing from March 21, 2006 — 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: Contacted: Emailed: COMMENTS See Previous Item Packet / Minutes Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 21, 2006 MERIDIAN CITY COUNCIL MEETING April 25, 2006 PP 05-052 APPLICANT Centennial Development, LLC ITEM NO. 10 REQUEST Continued Public hearing from March 21, 2006 — 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 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 Previous Item Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 21, 2006 CUP 05-047 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT Centennial Development, LLC ITEM NO. 11 REQUEST Continued Public hearing from March 21, 2006 — 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 CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Previous Item Packet / Minutes OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 21, 2006 AZ 05-064 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT Tuscany Development, Inc. ITEM NO. 12 REQUEST Continued Public Hearing from April 4, 2006 — Request for Annexation and Zoning 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 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 Previous Item Packet / Minutes MERIDIAN POST OFFICE: OTHER: See attached letter from Denny & Jeanette Johnson Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • April 21, 2006 MERIDIAN CITY COUNCIL MEETING April 25,2W6 APPLICANT Tuscany Development, Inc. ITEM NO. 13 REQUEST Continued Public Hearing from April 4, 2006 — 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: COMMENTS See Previous Item Packet / Minutes MERIDIAN POST OFFICE: OTHER: See attached Letter from Denny & Jeanette Johnson / Revised Plats Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 0 April 21, 2006 VAR 05-026 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT Tuscany Development, Inc. ITEM NO. 14 REQUEST Continued Public Hearing from April 4, 2006: Request for a Variance to exceed maximum block lengths in a proposed R-8 zone for Bear Creek West Sub. - south of West Overland Road and west of South Stoddard 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 Johnson's Contacted: Emailed: Date: COMMENTS See Previous Item Packet / Minutes See attached Comments Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 9 April 21, 2006 0 AZ 05-038 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT Dyver Development, LLC ITEM NO. 15 REQUEST Continued Public Hearing from April 11, 2006 — 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 Previous Item Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 April 21, 2006 • PP 05-037 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT Dyver Development, LLC ITEM NO. 16 REQUEST Continued Public Hearing from April 11, 2006 — 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 & Chinden Blvd 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 Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. LJ April 21, 2006 AZ 05-067 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT Insight Architects ITEM NO. 17 REQUEST Continued Public Hearing from April 11, 2006 — Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium High Density Residential zone for Casa Meridiana — 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 DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materlals presented at public meetings shall become property of the City of Meridian. April 21, 2006 CUP 05-060 MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT Insight Architects ITEM NO. 18 REQUEST Continued Public Hearing from April 11, 2006 — Request for Conditional Use Perry family development in a proposed R-15 medium high density residential district for Casa Meridiana — 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 DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. L� April 21, 2006 • MERIDIAN CITY COUNCIL MEETING April 25, 2006 APPLICANT Petra Contractor ITEM NO. 19 REQUEST Public Hearing: Request for a Vacation of public utilities, drainage, irrigation easement between Lots 4 and 5, Block 2 for Gemtone Center Subdivision No. 2 — 1055 and 1097 North Rosario 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: Date: COMMENTS See attached Staff Comments Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.