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2006-04-11
• Revised 4/7/06 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 11, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: ~ Shaun Wardle Joe Borton ~- Charlie Rountree Keith Bird ~_ Mayor Tammy a Weerd "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." 2. Pledge of Allegiance: 3. Community Invocation by ~~~ ~~~~~ with LDS Church: 4. Adoption of the Agenda: ~~~ v~.e ws ~,r.w.,o~oc~ 5. Consent Agenda: A. Approve Minutes of March 21, 2006 Pre-Council Meeting: ~~ovre._ B. Water Main Easement Agreement for Courtyards na Mariott: ~'r~~r~v~ C. Development Agreement: AZ 06-001 Request for Annexation and Zoning of 4.99 acres from R2 to a R-4 zone for Buckeye Place Subdivision by John Fackelman -east of Black Cat Road and south of Cherry Lane: ~~'~'''i"v~t D. Addendum to Development Agreement: MI 05-017 Miscellaneous request to amend the previously approved Development Agreement for Blue Marlin (AZ 03-025) for Nesmith Annexation by Jonathan Seel - 2820 East Ustick Road: ~~ E. Resolution No. ®~ "~~® :VAC 06-003 Request for a Vacation of a drainage easement between Lots 2 and 3, Block 18, Champion Park Subdivision No. 3 by Creekside, Inc. - 2484 East Garber Drive: ~~~-o~ Meridian City Council Meeting Agenda -April 11, 2006 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Revised 4/7/06 F. Permanent and Temporary Easement Contract for Libert Develoument, Inc.: ~~~~. G. Approve Beer. Wine, and Liauor License Renewals: ~ %~.",.~ 127 Club - Beer 8~ Liquor Baja Fresh Mexican Grill -Beer Baja Taco -Beer & Liquor Big Smoke, LLC #6 -Beer & Wine Bill -N- Lynn's Back Room -Beer $ Liquor Carrabba's Italian Grill -Beer & Liquor Chicago Connection -Beer & Wine Chicago Connection -Beer & Wine The Cigarette Store, Inc. -Beer Corona Village -Beer 8< Liquor Dancing Dog Coffee House - Beer 8< Wine EI Tenampa - Beer ~ Liquor Fred Meyer #198 - Beer 8< Wine Fusion Asian Grill - Beer ~ Wine Goodwood Barbecue Co. -Beer & Liquor Harks Corner - Beer ~ Wine Idaho Pizza Company - Beer 8< Wine Jackson's Food Store #1 -Beer $ Wine Jackson's Food Store #105 -Beer $ Wine Jackson's Food Store #11 -Beer $ Wine Jackson's Food Store #35 - Beer 8< Wine Jackson's Food Store #56 - Beer 8< Wine Jackson's Food Store #97 - Beer 8~ Wine Jackson's Food Store #98 - Beer 8< Wine Jackson's Food Store #99 -Beer 8< Wine Kahootz Steak $ Alehouse -Beer Sz Liquor Limelight -Beer & Wine Lotus Garden Chinese Restaurant -Beer Mason's - Beer ~ Liquor Meridian Speedway Ken Hamilton -Beer & Wine New Frontier Club - Beer 8~ Liquor A New Vintage Wine Shop -Beer $ Wine Pizza Hut -Beer Pizza Hut -Beer Rite Aid #5412 - Beer ~ Wine San Francisco Sourdough Eatery -Beer Ultra Touch Car Wash -Beer Whitewater Pizza 8< Pasta -Beer & Wine Whitewater Saloon -Beer & Liquor Wingers - Beer ~ Wine Meridian City Council Meeting Agenda -April 11, 2006 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ! i Revised 4/7/06 6. Department Reports: A. Public Works Department -Brad Watson 1. Discussion of Proposed Purchasinc Polic U date: 2. Agreement with United Water: B. City Attorney's Office ~.¢ga.C ~~-, ~ U 1. Discussion of Draft Ordinance for Park Hours: ~/~GU-~ C. Mayor's Office ~vr- ~2~ Sb®. `~' 1. Budget Amendment for Asset Study: ~P~~-brut c~c/~c.~-.~~i~~w a f~~ ~®t~.~ ~i~a~. ~,_,~ - Qo~afrw d ~ fo ~ ~ ~lr~~: f~~c. 7. Items Moved from Consent Agenda: l1v~, °~1'~~'"'`l P'~J~'G"~ 8. FP 06-014 Request for Final Plat approval of 29 residential building lots ~~`~S' and 8 common area lots on 8.57 acres in R-8 and R-15 zones for de~~~ Medford Place Subdivision by Dyver Development, LLC - 3335 South ~~~`'''`''~ Eagle Road: ~~~ ~ ~, 2/~ ~~~%h/ 9. Public Hearing: AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver a~~., Development, LLC -southeast comer of Ten Mile Road and Chinden ~,,.,~,~~~„ Boulevard ~oY+~f7h~,u~ ~/fit. ~ ~ Z.~ v~ f-y~~,,, 10. Public Hearing: 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: ~o~7hcw ,o%.. ~ ~ ~S-o6 11. Public Hearing: AZ 06-007 Request for Annexation and Zoning of 59.88 acres from RUT to R-8 for Solitude Subdivision by Providence Development Group, LLC -south of East McMillan Road and east of North Meridian Road: ~ ~~-rr,~v~-- ~~,~.dtd ~/~'~ cl.~ ~- ~~/'av~ 12. Public Hearing: PP 06-006 Request for a Preliminary Plat with 225 single family residential lots and 16 common lots for Solitude Subdivision by Providence Development Group, LLC -south of East McMillan Road and east of North Meridian Road: ~~~ro~.e CLf~r~%~~C ~/~4~ C/-e ~ ~~~~~ 13. Public Hearing: 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: ~v~~~~-~- Meridian City Council Meeting Agenda -April 11, 2006 Page 3 of 4 P All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Revised 4/7/06 14. Public Hearing: 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 Meridians by Insight Architects - 1777 Victory Road: G~~»cw~/h, f~ ~-2~~,~ 15. Public Hearing: Proposed New Park and Recreation Fees and Fee Increases to Cover Cost of Recreation Programs and Park Services: 16. Public Hearing: Public Works Fees Changes as authorized in Title 9, Chapter 1 Water Use and Service, and Title 9, Chapter 4 Sewer Use and Service of Meridian City Code including water and wastewater assessment, water meters and appurtenances, and water system itemized damage fees: r~vj?ra~v~ - ~~~ /~'-r'~'~,''~,~r'`'Iv~"~".,;, ~-18-0~ 17. Ordinance No. ~~ ~ 1223 AZ 06-001 Request for Annexation and Zoning of 4.99 acres from RZ to a R-4 zone for Buckeye Place Subdivision by John Fackelman -east of Black Cat Road and south of Cherry Lane: ~~'~'v~~. 18. Ordinance No. ~~ - /ZZ¢ AZ 05-065 Request for Annexation and Zoning of 1.50 acres from RUT to C-G zone for Nesmith Annexation by Jonathan Seel - 2820 East Ustick Road: a~~rov~c.- 19. Ordinance No. ®6 '~ l2Z /~ :Amending Title 13, Chapter 2, Section 7 of the Meridian City Code to Allow the Parks Director Authority to Suspend the Closure Time of the City Parks: ~%~ar~ Meridian City Council Meeting Agenda -April 11, 2006 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. bra ~ ~®~~ 1~~L~ ~. ~~.~ ~~ 1 h~rC~S!1 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 11, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd `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." 2. Pledge of Allegiance: 3. Community Invocation by Glen Olsen, with LDS Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of March 21, 2006 Pre-Council Meeting: B. Water Main Easement Agreement for Courtyards ~ Mariott: C. Development Agreement: AZ 06-001 Request for Annexation and Zoning of 4.99 acres from R2 to a R-4 zone for Buckeye Place Subdivision by John Fackelman -east of Black Cat Road and south of Cherry Lane: D. Addendum to Development Agreement: MI 05-017 Miscellaneous request to amend the previously approved Development Agreement for Blue Marlin (AZ 03-025) for Nesmith Annexation by Jonathan Seel - 2820 East Ustick Road: E. Resolution No. :VAC 06-003 Request for a Vacation of a drainage easement between Lots 2 and 3, Block 18, Champion Park Subdivision No. 3 by Creekside, Inc. - 2484 East Garber Drive: Meridian City Council Meeting Agenda -April 11, 2006 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • F. Permanent and Temporary Easement Contract for Liberty Development, Inc.: G. Approve Beer. Wine, and Liauor License Renewals: 127 Club -Beer & Liquor Baja Fresh Mexican Grill -Beer Baja Taco -Beer & Liquor Big Smoke, LLC #6 -Beer & Wine Bill -N-Lynn's Back Room -Beer & Liquor Carrabba's Italian Grill -Beer & Liquor Chicago Connection -Beer & Wine Chicago Connection -Beer & Wine The Cigarette Store, Inc. -Beer Corona Village -Beer & Liquor Dancing Dog Coffee House -Beer & Wine EI Tenampa -Beer & Liquor Fred Meyer #198 -Beer & Wine Fusion Asian Grill -Beer & Wine Goodwood Barbecue Co. -Beer & Liquor Harks Corner -Beer & Wine Idaho Pizza Company -Beer & Wine Jackson's Food Store #1 -Beer & Wine Jackson's Food Store #105 -Beer & Wine Jackson's Food Store #11 -Beer & Wine Jackson's Food Store #35 -Beer & Wine Jackson's Food Store #56 -Beer & Wine Jackson's Food Store #97 -Beer & Wine Jackson's Food Store #98 -Beer & Wine Jackson's Food Store #99 -Beer & Wine Kahootz Steak & Alehouse -Beer & Liquor Limelight -Beer & Wine Lotus Garden Chinese Restaurant -Beer Mason's -Beer & Liquor Meridian Speedway Ken Hamilton -Beer & Wine New Frontier Club -Beer & Liquor A New Vintage Wine Shop -Beer & Wine Pizza Hut -Beer Pizza Hut -Beer Rite Aid #5412 -Beer & Wine San Francisco Sourdough Eatery -Beer Ultra Touch Car Wash -Beer Whitewater Pizza & Pasta -Beer & Wine Whitewater Saloon -Beer 8~ Liquor Wingers -Beer & Wine Meridian City Council Meeting Agenda -April 11, 2006 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • 6. Department Reports: A. Public Works Department -Brad Watson 1. Discussion of Proposed Purchasing Policy Ulpdate: B. City Attorney's Office 1. Discussion of Draft Ordinance for Park Hours: C. Mayor's OfFce 1. Budget Amendment for Asset Study: 7. Items Moved from Consent Agenda: 8. FP 06-014 Request for Final Plat approval of 29 residential building lots and 8 common area lots on 8.57 acres in R-8 and R-15 zones for Medford Place Subdivision by Dyver Development, LLC - 3335 South Eagle Road: 9. Public Hearing: 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 10. Public Hearing: 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: 11. Public Hearing: AZ 06-007 Request for Annexation and Zoning of 59.88 acres from RUT to R-8 for Solitude Subdivision by Providence Development Group, LLC -south of East McMillan Road and east of North Meridian Road: 12. Public Hearing: PP 06-006 Request for a Preliminary Plat with 225 single family residential lots and 16 common lots for Solitude Subdivision by Providence Development Group, LLC -south of East McMillan Road and east of North Meridian Road: 13. Public Hearing: 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: Meridian City Council Meeting Agenda -April 11, 2006 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 14. Public Hearing: 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 Meridians by Insight Architects - 1777 Victory Road: 15. Public Hearing: Proposed New Park and Recreation Fees and Fee Increases to Cover Cost of Recreation Programs and Park Services: 16. Public Hearing: Public Works Fees Changes as authorized in Title 9, Chapter 1 Water Use and Service, and Title 9, Chapter 4 Sewer Use and Service of Meridian City Code including water and wastewater assessment, water meters and appurtenances, and water system itemized damage fees: 17. Ordinance No. AZ 06-001 Request for Annexation and Zoning of 4.99 acres from R2 to a R-4 zone for Buckeye Place Subdivision by John Fackelman -east of Black Cat Road and south of Cherry Lane: 18. Ordinance No. AZ 05-065 Request for Annexation and Zoning of 1.50 acres from RUT to C-G zone for Nesmith Annexation by Jonathan Seel - 2820 East Ustick Road: 15. Ordinance No. :Amending Title 13, Chapter 2, Section 7 of the Meridian City Code to Allow the Parks Director Authority to Suspend the Closure Time of the City Parks: Meridian City Council Meeting Agenda -April 11, 2006 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting April 11, 2006 The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, April 11, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree and Joe Borton. Members Absent: Shaun Wardle. Others Present: Ted Baird, Will Berg, Anna Canning, Brad Watson, Bill Musser, Bill Johnson, Doug Strong, Stacy Kilchenmann, and Dean Willis. Item 1: Roll-call Attendance: Roll call. Shaun Wardle X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will call this meeting to order. Thank you all for being here this evening. It is Tuesday, April 11th. It is a little bit after 7:00 o'clock. Thank you for joining us tonight. I will ask the city clerk to call roll. Item 2: Pledge of Allegiance: De Weerd: Thank you. Okay. item 2 is the pledge of allegiance. Tonight we will be led in the pledge by Jessica and Mallory. They are two members of our youth Council. If you will all rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Jeff Kohler with LDS Church: De Weerd: I do have pins for you guys, City of Meridian pins, for leading us in the pledge. Thank you. Nothing like putting you on the spot. Okay. Item No. 3 is our community invocation. Tonight we will be lead by Bishop Jeff Kohler with the LDS church. If you will, please, join us in the community invocation or take this as an opportunity for a moment of silence. Bishop. Kohler: Our Father in Heaven, we are thankful for this day and for the blessings in our lives. We are grateful for this fine community in which we live and on this occasion of this Council meeting that thy blessings will be here with the participants, that they will be blessed with civility and wisdom on the important matters that respect our community that are discussed. We are grateful for the blessings we enjoy from living in this country, for the comfortable circumstances and safe community in which we live. We Meridian City Council April 11, 2006 Page 2 of 49 are thankful for that. Bless these proceedings we pray in the name of Jesus Christ, amen. De Weerd: Thank you. I would like to present you also with a pin and thank you for being here. Thank you, Anna. Councilman Bird just wanted to note your timeliness this evening. Canning: And my key. Item 4: Adoption of the Agenda: De Weerd: And files, too, uh? Okay. Item No. 4, adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda under Department Reports, under the Office of the Mayor, we would like to add item number two, Hubble Homes. We have also been requested to add Item D, Parks and Police Departments need to have a discussion on some property. And on our regular agenda, our ordinances 17, 18, 19 ordinances will be 06- 1223, 06-1224 and 06-1225. And on the Consent Agenda, the resolution number is 06- 510. And with that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. The motion is to approve the agenda as revised. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of March 21, 2006 Pre-Council Meeting: B. Water Main Easement Agreement for Courtyards Cad Mariott: C. Development Agreement: AZ 06-001 Request for Annexation and Zoning of 4.99 acres from R2 to a R-4 zone for Buckeye Place Subdivision by John Fackelman -east of Black Cat Road and south of Cheny Lane: D. Addendum to Development Agreement: MI 05-017 Miscellaneous request to amend the previously approved Development Agreement for Blue Marlin (AZ 03-025) for Nesmith Annexation by Jonathan Seel - 2820 East Ustick Road: • • Meridian City Council April 11, 2006 Page 3 of 49 E. Resolution No. 06-510 VAC 06-003 Request for a Vacation of a drainage easement between Lots 2 and 3, Block 18, Champion Park Subdivision No. 3 by Creekside, Inc. - 2484 East Garber Drive: F. Permanent and Temporary Easement Contract for Liberty Development. Inc.: G. Approve Beer, Wine, and Liauor License Renewals: 127 Club -Beer & Liquor Baja Fresh Mexican Grill -Beer Baja Taco -Beer 8< Liquor Big Smoke, LLC #6 - Beer 8< Wine Bill -N- Lynn's Back Room -Beer 8< Liquor Carrabba's Italian Grill -Beer & Liquor Chicago Connection -Beer $ Wine Chicago Connection - Beer 8< Wine The Cigarette Store, Inc. -Beer Corona Village - Beer 8< Liquor Dancing Dog Coffee House - Beer 8< Wine EI Tenampa - Beer 8~ Liquor Fred Meyer #198 - Beer 8~ Wine Fusion Asian Grill - Beer ~ Wine Goodwood Barbecue Co. - Beer ~ Liquor Harks Corner -Beer & Wine Idaho Pizza Company -Beer 8< Wine Jackson's Food Store #1 - Beer ~ Wine Jackson's Food Store #105 - Beer ~ Wine Jackson's Food Store #11 - Beer 8~ Wine Jackson's Food Store #35 -Beer $ Wine Jackson's Food Store #56 - Beer 8~ Wine Jackson's Food Store #97 - Beer 8~ Wine Food Store #98 -Beer & Wine Jackson's Food Store #99 - Beer ~ Wine Kahootz Steak 8< Alehouse - Beer 8< Liquor Limelight - Beer 8< Wine Lotus Garden Chinese Restaurant -Beer Mason's -Beer & Liquor Meridian Speedway Ken Hamilton - Beer ~ Wine New Frontier Club - Beer 8< Liquor A New Vintage Wine Shop - Beer 8< Wine Pizza Hut -Beer Pizza Hut -Beer Rite Aid #5412 - Beer 8< Wine San Francisco Sourdough Eatery -Beer Meridian City Council Apri111,2006 Page 4 of 49 Ultra Touch Car Wash -Beer Whitewater Pizza ~ Pasta - Beer ~ Wine Whitewater Saloon - Beer ~ Liquor Wingers -Beer & Wine De Weerd: Item No. 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda, which includes resolution number 06-510 and includes beer and wine and liquor license renewal with everything being okay. And for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion is to approve the Consent Agenda as presented. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Public Works Department -Brad Watson 1. Discussion of Proposed Purchasing Policy Update: De Weerd: Thank you. Okay. Item 6 under Department Reports, we will begin with A, Public Works Department. Mr. Watson. Watson: Thank you, Madam Mayor and Council Members. This first item is a proposed update and revamping of the city's purchasing policy. This is an outcome of the legislature's efforts in the 2005 session to streamline the multitude of purchasing statutes that existed for a lot of different entities. Second, they also changed the rules to allow the state to have a little bit greater flexibility in how they went about purchasing and procurement. AGC was involved in this, the Association of General Contractors, AIC, and several private entities, and they all came together to come up with what we are proposing the city's purchasing policy come in line with. This was started, I think, in November or December and it's gone through several iterations and Ted Baird and Stacy Kilchenmann and I have worked diligently to get this to this point, so I don't know that you really want me to go through all the particulars of the policy. It's in your packet. I tried to put the major changes in a table on page two. Probably the best thing to look at is the publication that was put out by AGC, CH2M Hill, and AIC last fall that very Meridian City Council April 11, 2006 Page 5 of 49 concisely summarizes the different changes. I think our policy would -- would really fall in line with all the limits exactly how this table lays them out. The one thing that I just want to point out for the public that's here is that although it gives us greater flexibility, there is a lot higher accountability for public officials in the purchasing programs that -- the fines have -- well, in some cases there were no fines or penalties at all. Maximum fine was a misdemeanor 300 dollar fine, up to six months in jail. Now, the administrative fine is up to 5,000 for certain actions. There is a criminal penalty with up to one year in jail, 5,000 dollars civil penalty. So, although it may appear that we have a looser rein on things, the accountability is much much higher. I don't know -- Stacy's here, if she would like to add anything. She's shaking her head no, but she's here to answer questions, as am I. De Weerd: First I'd like to thank staff. I know a lot of time and effort went into this and we appreciate you all working together on it and thank you, Mr. Baird. Any questions for staff, Council? Bird: Madam Mayor, I have none. Rountree: None. De Weerd: Okay. Bird: What's your plan for bringing it forward? Next week as an ordinance change or what? Rountree: With a resolution? De Weerd: Mr. Baird, a resolution? Baird: Be happy to do that. De Weerd: Okay. Rountree: That would be good. Bird: That would be fine. De Weerd: So, we will get a resolution on our Council agenda next week. Thank you. We appreciate your diligent work on this. Watson: And thank you. The one thing I do want to point out is there was a lot of self interest involved in getting this changed, because we bid out so many projects that -- De Weerd: We know. You were in front of us a couple of times. Watson: Thank you. ~ s Meridian City Council April 11, 2006 Page 6 of 49 2. Agreement with United Water: De Weerd: Okay. Item No. 2. Watson: Madam Mayor, Council Members, what we have here is a stipulation between United Water Idaho and the City of Meridian. This is an agreement that United Water wants to take in front of the Public Utilities Commission. As you may recall, we protested their application last fall to expand their certificated area. Len Grady, our city engineer, has worked extensively with United Water over the intervening months to come to an agreement on their boundary. We have reviewed this. We have met with United Water last Friday afternoon. Council has reviewed this agreement and we are recommending that this be approved and that we sign this document and submit it to PUC. The signed document from United Water is purportedly coming to us tomorrow. With that, I will stand for any questions. De Weerd: Okay. Council, do you have any questions? Bird: I have none. De Weerd: Mr. Rountree? Rountree: I have no questions. Just assurance from Mr. Baird that legal counsel has reviewed an agreement with the language. Baird: Madam Mayor, Members of the Council, yeah, indeed, legal staff met with our -- we have a contract attorney that handles water matters, Charlie Honsinger, and he's kept us involved. Along the way we had just a couple of matters for input, but we are confident that the document is -- it's going to achieve what it's supposed to achieve. The main thing is really the map, the last page, and I have been in contact with Len and he says that the map depicts what the agreement is, so the document makes it happen. De Weerd: And you know how popular lines are. Baird: Well -- and that's one thing we did want to point out, that those lines on the map are defined up in the upper right-hand comer and all they pertain to is this agreement. They don't mean anything else. De Weerd: Thank you for that description and definer. Any questions, Council? Bird: I have none. Rountree: None. Madam Mayor? De Weerd: Okay. Mr. Rountree. Rountree: Is a motion in order? Meridian City Council Apri111,2006 Page 7 of 49 De Weerd: Uh-huh. Rountree: Madam Mayor, I move that we approve the agreement between United Water and the City of Meridian and authorize the Mayor to sign and the Clerk to attest. Bird: Second. De Weerd: Okay. Any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. B. City Attorney's Office 1. Discussion of Draft Ordinance for Park Hours: De Weerd: Thank you. Item B is our city attorney's office. Mr. Baird. Baird: Thank you, Madam Mayor, Members of the Council. In your packet tonight is a draft ordinance that gives some flexibility to the park director to sort of bend some rules. We have got a current park closure that says the parks close after dark. We have events that are routinely out of compliance, say if a game goes long. So, what we have added is giving the parks director authority to grant a suspension of the park closing times if he believes it to be in the best interest of the city. A good example of this, of course, there is an event that's coming up with the youth council this month where they are -- I believe it's a homeless simulation activity in the park. It's supervised, but they will be in there overnight and that's in the best interest of the city and if the parks director has that authority, they can make it happen. Let the police know that it's going on. But we kicked this around to decide if he needed to come back to you for approval every time and the way it's drafted he has the discretion to grant it without coming to you. De Weerd: Okay. Thank you, Mr. Baird. Any questions from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Baird, is there any concern that allowing parks to be used in any particular occasion exposes the city to any excess or unnecessary liability if someone is in there at -- well after dark or midnight or -- Baird: Madam Mayor, Members of the Council, and Councilmember Borton, the city's protected through the recreational immunity statute. As long as we don't charge for Meridian City Council April 11, 2006 Page 8 of 49 activities, there is no liability. We -- that's a very low standard. We go beyond that. We try to make situations safe and I think one of the factors that the parks director is going to look at is their supervision. Can it be made safe. Is there lighting. So all those factors will be taken into consideration, but it's my opinion that we are not incumng additional liability with this action. Borton: Okay. Thanks. De Weerd: Now, Council, we have had this in front of you before. If you have any questions, Mr. Strong is here as well. So, any further questions? Baird: And, Madam Mayor, they are prepared for action. This is Item 15 on the agenda tonight. De Weerd: So, we will wait for the motion at that time. Is there any further discussion? Rountree: I have none. C. Mayor's Office 1. Budget Amendment for Asset Study: De Weerd: Okay. Item C. In front of you I did give you a chart with the 40 development assets from -- it's the Institute of -- oh, man. I forgot. Search Institute is the one that issues this. Several years ago we did -- in 2001 we did a survey of 9,900 students in the Meridian School District in grades -- I believe at that time it was 6th, 12th -- 6th and 12th grades. This year we will be doing afollow-up survey in both Boise and Meridian school districts in grades seven, nine, and eleven, to see what kind of progress that has been made in those two school districts in our efforts in engaging youth and youth feeling valued to their communities. We did receive agrant -- or the city of Boise, Matt McCarter pursued a grant to get funding for this survey. We are short 7,500 dollars and the United Way was approached to cover the shortage. They made a suggestion that if -- they would match dollar for dollar the two cities and so they asked that each city give 2,500 and they would also, in tum, then, give 2,500 towards the survey. So, I am coming to you today to see if the city will provide the 2,500 for this survey in our school districts. And I would ask for your approval. Are there any questions? Rountree: Madam Mayor, I just have a question on what we have before us. Is this, then, going to be considered the baseline? De Weerd: Yes. Rountree: And what intervals would this survey place? Is it just going to be a two shot deal or are we going to look at it every couple years or what's the plan? u Meridian City Council April 11, 2006 Page 9 of 49 De Weerd: At this point the plan is to re-survey on -- I guess the same period of time, to give an opportunity to assess where there are still deficiencies and develop programs that would help -- start creating some change to them, so that change could be measurable. So, I guess the time frame that we have had in this regard of a five year period seems to be along the norm for this type of a survey. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Are there private organizations, Meridian's Promise, or others that are out there that can help support this type of survey and research gathering, you know, as opposed to the city funding this to get this information? De Weerd: Well, the city's funding a very small portion of the total cost. It was just what we fell short, because we are going out surveying two very large school districts, that this was where we fell short in funds and United Way just came with a proposal to also get a commitment of -- time and resources are being expended in our school districts to allow this to happen as well and so they just thought it would kind of close the loop in the appropriate partners to bring this kind of survey out into the community. Borton: Madam Mayor? De Weerd: Yes. Borton: Is it part of a prior obligation? Ijust -- I'm not -- I don't know if I remember or know the history of it, as to whether or not the city sometime in the past said we will commitment or we have budgeted some chunk of money to get this survey done and it's --did our prior commitment fall short of some mark or -- De Weerd: No. We did not fund the previous surveys and they were able to provide that through the grant funding that became available. Also St. Luke's covered a portion of that cost as well. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Who got the grant, Boise city or Boise School District? De Weerd: Boise city. Bird: Boise city. And -- De Weerd: And they have already committed -- Meridian City Council April 11, 2006 Page 10 of 49 Bird: And while I do support the 2,500 dollars and it was not budgeted before, I question why some of the -- why Eagle and Star hasn't been asked to participate, seeing how we don't have all the students in Meridian School District by a long shot within the city limits of Meridian our taxpayers seem to pick up the deal, which -- but I do support your 2,500 dollars. No problem. De Weerd: Certainly you can appropriate less than that. That's just a request I'm coming with. Bird: It's something that needs to be followed up with if it -- if we don't support it -- De Weerd: It is a tool that we use in our youth programming -- certainly, the Meridian's Promise will use and they don't have any funding, so -- at this point. So, we can't go asking for money. But as well, the school districts use this in developing some of their extracurricular out reach and some of the programming that they do inside the schools as well. So, it is a valuable tool that has been used. This certainly has been used by a number of organizations, so it has been a valuable tool. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't have anymore discussion, I would move that -- and I believe that within the Council budget we probably have 2,500 dollars left over. I would move that we take 2,500 dollars from the budget, make a budget amendment to the -- from the Council's budget to help match the 40 development assets for the search. Rountree: I'll second that motion. De Weerd: Okay. Thank you. Any discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If the motion maker and the second -- I'd like -- I think Councilman Bird's right on the money. I'd like to see -- I agree that we should be supportive and I'd like to see a -- maybe a letter of request to the city of Kuna, city of Eagle, perhaps city of Star, letting them know that we are supporting this information. It is countywide. It's a value to the cities and invite them to help contribute to this cause. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The maker would exclude Kuna, because it doesn't include Kuna School District. Meridian City Council April 11, 2006 Page 11 of 49 Borton: Excuse me. Bird: Just Eagle and Star and I would love to see a letter drafted by our attorneys to -- and signed by you to go to Eagle and Star and tell them what we are doing and that if they can foresee in the future to help them, we'd certainly appreciate it. De Weerd: Okay. We will draft aletter -- Rountree: Second agrees. De Weerd: -- to ask for their participation, because I will not repeat your motion. Is there any other discussion? Rountree: Madam Mayor, just a comment, that these are very important elements of our community and I think that it's somewhat unique and significant that we are going to measure these -- we are measuring these and, therefore, we are going to take some action when we see directions not going the way we want them to. So, I would support the matrix here and like to see some significant use made out of them, either quarterly or -- not quarterly, but an annual report of these matrix, something more than just this table of where we are trying to go. But I think it's a grand idea. De Weerd: It will be an important tool that we can use in Meridian's Promise, because we can consolidate the 40 assets into the five promises of America's Promise. So, we can certainly work on how we can create a measurement tool for that. If not, just letting you know what we are doing in each of those areas. Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. 2. Don Hubble -Hubble Homes -Habitat for Humanity: De Weerd: Thank you. Item No. 2 was -- I apologize for a last minute addition, but we do have Mr. Don Hubble here with us tonight and it was not too long ago we had some of the representatives for the Habitat for Humanity and our superintendent of schools in my office to discuss the need for buildable lots for these Habitat homes and Mr. Hubble is here today to address Council. Mr. Hubble. Hubble: Thank you, Madam Mayor and Members of the Council. My name is Don Hubble and I'm just here to make a short presentation. One of the core values at Hubble Homes is to support the communities in which we live and work. We helped last year the City of Meridian with a K-9 facility. We have been looking for a project this year that would be suitable for us to help with and heard about the Habitat for Humanity, so we are here tonight to donate a lot to the -- to that project, probably in our Solitude Place Subdivision, and in the event that it would be a more suitable location for that • Meridian City Council April 11, 2006 Page 12 of 49 home, we would donate, you know, an amount in kind, a cash contribution, in the range of 90 to 100 thousand dollars, to help that cause. So, we are just here to make that presentation and assist where ever we can. So, thanks a lot. De Weerd: Well, I would, then, ask if the representatives from Habitat for Humanity, as well as youth council and our youth programs coordinator, would come up and -- for some ceremonial -- Rountree: Picture taking. De Weerd: Oh, and Bud even dressed up. This is a good day. Why don't you all come and stand all together. Okay. Did our representatives from Habitat or our youth council or Bud, would you like to say anything? I guess I would at least say something. Our youth council has been working very diligently on their national youth in-service day project, which is raising the awareness and money for Habitat for Humanity. Also, this is a partnership with our school district. Our school district's construction program does build these houses and this will be the first home built in the City of Meridian for Habitat; is that correct? So, this is a really appropriate gesture. We appreciate that. Certainly, I know the school district has been concerned with -- and Habitat as well with the increasing land prices and the availability of getting these lots where we can build these homes. So, we appreciate your generosity and this offer, so -- Bud? Henthom: On behalf of the Mayor's Youth Advisory Council, I want to personally take a moment to thank you for this. Not only does this build a home in our city that will provide shelter to a family, but it also provides a tremendous empowerment to our city's young people. As they are successful in these kinds of projects, their self esteem goes up, their ideas of what is possible go through the roof, and for the rest of their lives will be able to drive by this lot with this house on it and say we helped to make that happen and so for generations that are coming I thank you. This is more than just a home, this is about young people's lives and the future. So, thank you very very much for your kindness. De Weerd: Mallory or Jessica, would -- or Jennifer, do you have anything you would like to add? Youth Council Member: I'd just like to thank Hubble Homes for their generosity in helping us with this project. It's been a big thing for us to undertake as a Council and with our community's help that's making everything that much more possible. So, thank you. De Weerd: Thank you. Well, thank you to the representatives for Habitat for Humanity for being here. Any final words from you all? Habitat Member: Well, let me just say that we started, Mayor and Council and guests -- Habitat for Humanity started in Boise in -- for all of Ada County some 15 years ago and to date we have built 30 houses. For the last five years we have been building one Meridian City Council Apri111,2006 Page 13 of 49 house a year with the Meridian School District as their -- in their vocational education program. So, this upcoming house will, actually, be the sixth house that Meridian School District has built in conjunction with Habitat for Humanity and as we try to -- as we grow our organization and expand to cover more of the county, we are hoping to get another 40 houses built in the next five years. So, that's part of our challenge is to find that land to do that and Mr. Hubble has been an instrumental part of that today and I'm hoping that the municipalities and the rest of Ada County will see the value in affordable housing and continue their support. De Weerd: Thank you. Habitat Member: Thank you very much. And thank you, Mr. Hubble. De Weerd: Now, do I see a representative from the school district? Would you like to offer any words on your construction project, students, or anything like that? Baxter: Madam Mayor, Members of the Council, I, too -- I'd like to thank Mr. Hubble for his gracious gift and, as mentioned, we are currently completing our fifth home. Our students -- our construction students build one home a year and our horticulture students from Eagle Academy come in and, then, landscape that home. But this is just a major step forward, as we are experiencing difficulty in securing lots and I just can't thank Mr. Hubble enough and thank you, Madam Mayor and Council, for your support in this effort. De Weerd: Thank you. Council, this ties in a lot with the 40 development assets. Certainly as Mr. Baxter had mentioned, our students are -- some of them recipients of this as well in the experience that it allows them to gain in putting practical experience to use and so I -- we appreciate your generosity and thank you. D. Parks Department -Police Department -Snake River Racing. De Weerd: Okay. Item D is our parks department and police department here to talk about the land next to the K-9 facility. Strong: Thank you, Madam Mayor, Members of the Council. I appreciate the opportunity to get on the agenda tonight, because this is a project that Chief Musser and I have been talking since just as early as Monday of this week, but there is some sense of urgency of moving on. As you may recall, ayear -- over a year ago we struck an agreement with Snake River Racing to build a remote control car racing track at the property to the west of the police station. That agreement has not been met, so we are not in partnership with Snake River Racing anymore, to my understanding. So, we are looking at -- in our discussion what we could do with the remaining 8,000 dollars that we had in that account to do improvements to the property for that partnership that may help the police department finish the K-9 facility that's on site there. So, in looking at that, there was still an irrigation system to install for the area where the new K-9 facility is. Our early estimates of that -- the cost for that for a maxicom time clock and irrigation Meridian City Council Apri111,2006 Page 14 of 49 parts would be about 5,600 dollars, which would leave a little bit of money that we could use elsewhere on the site. So, we will discuss that. But what we would like your approval for tonight is the opportunity to use the General Fund money that we have in that line item to finish out the landscaping for the K-9 facility, rather than the Snake River Racing partnership that we had earlier talked about. De Weerd: And I guess, Council, at this point it doesn't change the line item. So, we wouldn't need any motion from Council to shift money, it would remain in the same line item, but we wanted to bring this change back, because it was identified with a particular project. It would still be used to -- put to use for the land as intended, just in a different way. Any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I know there is some question of whether or not the Snake River group still exists. Have you made an attempt to notify them and let them know that the agreement is being voided? De Weerd: Yes. Baird: Madam Mayor? De Weerd: Yes, Mr. Baird. Baird: If I could address that. In addition to Doug's phone calls, we sent a registered certified mail letter basically asking them to come forward and let us know what their plans were. We weren't declaring them in default. But that letter came back unclaimed. We did a little bit more research, tried to find a new address. We haven't heard back. It's been weeks. I found an a-mail address, sent a copy of the letter to that. I have not heard back. So, as a housekeeping matter, I would like a motion from the Council to declare that agreement in default and with that motion I would probably post -- because we have got no one to notify, I would post a notice in the local paper, our paper of record, declaring it in default, just to clear things up. And the facts that define the default -- it's been a year since we entered into the agreement. They were supposed to bring forward a master plan to the parks commission. They did not do that. They were supposed to commence construction within a certain number of months. They haven't done anything. There has been no action, no response. So, in my legal opinion it's clearly in default and I'd ask for you to declare that on the record. And to identify, it's the agreement between the City of Meridian and Snake River Racing and the contact was Jeff Oviatt. O-v-i-a-t-t. • Meridian City Council Apri111,2006 Page 15 of 49 :~ De Weerd: Sony, I didn't know about that part of the story, so -- I thought this was something simple. Baird: I was meaning to bring that forward and I wasn't aware this was on the agenda, but as a housekeeping matter, if you don't mind, I think it's appropriate to suggest that. De Weerd: Okay. Council, questions? Bird: I have none. Rountree: No. De Weerd: Okay. Bird: Waiting for a motion from Mr. Borton. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that the Council find Snake River Racing in default and authorize the city attorney to publish that and provide notice of that default. Along with that, to approve the transfer of those funds to complete the landscaping that Mr. Strong had suggested. Bird: Second. De Weerd: Okay. Any discussion? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Just -- I do have one question. Is there any means to recover any of the expenses? Even publication expenses. It drives me nuts to hear something like this happen where the city's not only waited, but now is going to be out of pocket, whether it's five dollars or 500 dollars, to get that publication money back and any other expense. If the roles were reversed, you know they would be coming to us. Bird: You bet they would be after us. Baird: Madam Mayor, Members of the Council, Councilmember Borton, we would have to locate them and we could probably have our legal assistant initiate a small claims action. De Weerd: We can't find them. Meridian City Council April 11, 2006 Page 16 of 49 Baird: Personal opinion. It's probably not worth recovering, the more staff time that we spend to recover the cost of publication. But it's a lesson for all of us to choose our partners wisely. Borton: Fair enough. De Weerd: Point heard, though. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7. Items Moved from Consent Agenda: Item 8: FP 06-014 Request for Final Plat approval of 29 residential building lots and 8 common area lots on 8.57 acres in R-8 and R-15 zones for Medford Place Subdivision by Dyver Development, LLC - 3335 South Eagle Road: De Weerd: Thank you. Item 8 is FP 06-014. Anna. Canning: Madam Mayor, Members of the Council, we have a letter from the agreement stating that they are -- a letter from the applicant stating that they are in agreement with the conditions of approval. This was a final plat. De Weerd: Okay. Council, do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve FP 06-014. Bird: Second. De Weerd: Okay. Motion is to approve Item No. 8. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Public Hearing: 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 • Meridian City Council April 11, 2006 Page 17 of 49 Item 10: Public Hearing: 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: De Weerd: Okay. Council, I will open Item 9 and 10. We do have a conflict. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I'm going to have to recuse myself for Items 9 and 10. De Weerd: Okay. At this point I would appreciate discussion with Council. This would leave just two of you. Would you like to move forward -- certainly a quorum has been presented, so it is your choice to want to go ahead with this Public Hearing or continue i$ until you have a third member? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Seeing, that this matter was before the Council back in November and was denied for a variety of reasons, I think I'd personally feel more comfortable in continuing this hearing until at least Mr. Wardle is back and it can be considered by as many members of Council as possible. Three. Is that -- Bird: I agree. I agree. De Weerd: Okay. I apologize for anyone that is here for this Public Hearing. We would have to say everything all over again when Councilman Wardle was here. So, we apologize for any inconvenience. Who all was here for this item, if you can, please, indicate? I apologize. It's better to have it all at one time. I will open the public hearings, so that it will not have to be reposted. So, I'm opening the public hearings for AZ 05-038 and PP 05-037 and would entertain a motion from Council to continue these two public hearings. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we -- before I -- yeah, that's what I was going to say -- continue AZ 05-038 and PP 05-037, public hearings to April 25th, 2006. Borton: Second. Meridian City Council Apri111,2006 Page 18 of 49 De Weerd: Okay. The motion is to continue Items 9 and 10 to April 25th. All those in favor say aye. Okay. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Why don't we get Mr. Rountree back in. Item 11: Public Hearing: AZ 06-007 Request for Annexation and Zoning of 59.88 acres from RUT to R-8 for Solitude Subdivision by Providence Development Group, LLC -south of East McMillan Road and east of North Meridian Road: Item 12: Public Hearing: PP 06-006 Request for a Preliminary Plat with 225 single family residential lots and 16 common lots for Solitude Subdivision by Providence Development Group, LLC -south of East McMillan Road and east of North Meridian Road: De Weerd: We apologize for the convenience. Thank you. Items 11 and 12 are public hearings on AZ 06-007 and PP 06-006. I will open these two public hearings with staff comments. Canning: I'm sorry, Madam Mayor. I gave the applicant my summary. I got to find my extra copy. There we go. Madam Mayor, Members of the Council, this is the Solitude project. It is located south of McMillan Road and east of Meridian Road, as you see here. This is an application for annexation and zoning and preliminary plat. The gross density is 3.8 units per acre. You can see the surrounding developments all within the section there. It's pretty much fully developed at this point. There are a few phases remaining on other developments, but this completes most of the section. The applicant is proposing 225 single family residences on 59.8 acres and they are proposing R-8 zoning. We do not have elevations today for you. The Planning and Zoning Commission has recommended approval at their March 2nd hearing. At that hearing Becky McKay spoke in favor of the application. No one spoke in opposition or commented. The key issues of discussion by the Commission were the construction of the sidewalk along McMillan and Meridian Road with the first phase of the development, including this five acre outparcel. The key Commission -- or the key changes to staffs initial recommendation from the Commission were to include a provision in the development agreement that addressed the off-site provision of sidewalks along the Starkey property, I believe it's called, the five acre outparcel. In getting -- in preparing for Council tonight, I noticed that the report was not amended to include that condition. I have -- I have provided some suggested language for the condition that -- the discussion all occurred at the Planning and Zoning Commission, but the staff report was not amended correctly. So, you do have Findings tonight. However, I ask that you allow staff to bring back an amended staff report to adopt with those Findings. Normally if it's a development agreement condition I'm not too concerned about amending the Findings, but just for the long term ability to understand what happened on this project, I • Meridian City Council April 11, 2006 Page 19 of 49 would like to amend the staff report. To my knowledge, there is no outstanding issues before Council. I do think that the applicant probably has some additional information about that offsite provision of sidewalks along the Starkey property. And with that I will answer any questions you may have. De Weerd: Council, any questions for staff at this point? Bird: I have none at this point. De Weerd: Okay. Canning: Madam Mayor, Members of the Council, one of these days Becky will remember that if she gets me an electronic copy of her map -- they won't fall down off the easel. McKay: I will make a mental note of that, but we had to make some additions to this last minute. Add some trees. Becky McKay, Engineering Solutions, 150 East Aikens, Suite B. I'm representing Providence Development on this particular project. Just to give the Council a brief overview, as Anna indicated, it's about 59.88 acres. It's the old Starkey property. Mr. Starkey owns this 5.02 acres. He still resides in the home. It was a one -- legal one-time split done in 2001 under Ada County's rules. Our project has approximately 241 total lots, 225 single family dwellings. Our gross density is 3.8 dwelling units per acre. To kind of give you an idea, Amber Creek was approved here a few weeks ago. It has 4.95 dwelling units per acre. We are requesting an R-8 designation and annexation. It's R-8 to the west of us and R-8 at Burney Glen to the south. And it's R-4 here along the eastern boundary, which is Copper Basin and Havasu Creek. In our particular design we minimized our access points. We have one primary access here. We have no conflict with the school, because all of their access is off of Meridian Road. This is anon-continuous collector with landscaping, center island running along the perimeter of it, and, then, terminating right here with a two point -- I think it's 2.8 acres. So, we have a large open space there. There will be play equipment, a picnic gazebo, and a pathway going up to those facilities. Our second access is located here off of Meridian Road and we also had three stub streets -- or four stub streets, sorry, that we had to contend with. Burney Glen we had one and, then, we have three in Copper Basin. So, those kind of drove our design in order make those intersections. One thing that we did is we made sure that we had adequate landscaping along this perimeter. We have 40 feet of landscaping on Meridian Road and 40 feet along McMillan. We have a detached sidewalk running through there. And I know Councilman Rountree is going to ask about the sidewalk, so I'm going to get there first. The applicant has been working with Mr. Starkey to try to obtain an easement. I gave Anna a drawing, if she could put it up there. I will go on and come back to -- we prepared this exhibit and gave it to Ada County Highway District, requesting that they prepare a sidewalk easement for Mr. and Mrs. Starkey, so that we could potentially obtain their approval. In the beginning it appeared that Mr. Starkey was open to the idea, not for the benefit of the highway district, but for the benefit of the middle school children. However, after a meeting today when they showed him where the sidewalk Meridian City Council April 11, 2006 Page 20 of 49 would be located, it encroached into his yard beyond his fence. So, all of a sudden he's taken a tum, he didn't think that was such a good idea. I have talked to Mr. Inselman. There is 15 feet from edge of pavement to edge of existing right of way. We don't have the canal to contend with like you had up there at Amber Creek. Therefore, Mr. Inselman thinks that a temporary asphalt sidewalk would work there and we'd get enough separation from that edge of pavement. As far as our amenities, we also have exercise stations. We have a linear park here. When you come in off the Meridian Road entrance, the inbound looks down this corridor, so we have access going east and west and, then, these micropaths going north and south up to the primary central open space right there. These exercise stations would be similar to what -- like you see if you have ever been over to Hewlett-Packard's facility, they have pathways and you stop and have a little pull-up bar and they have a little sign and I guess they are doing that type of facility in another subdivision, so they thought that this linear park was an excellent place to put that. Our open space we have got I think 12.71 percent total open space, which I think is excellent, as far as if we take out our perimeter, mandatory landscaping, we are still at 7.45. This is kind of an in-fill parcel based on all the development that's going on around us. One thing I would like to mention is the applicant did agree to donate the right of way to Ada County Highway District for this intersection here and what's needed along McMillan and Meridian Road. They are also working with the developer of Paramount and the school district to facilitate getting this intersection improved to full buildout prior to that school opening up. So, they are doing their part to try to expand that infrastructure out there. Your sewer is right here at the comer. That is our designated trunk. It will come through here and take the Havasu Creek lift station off line. That was a temporary lift station. We have got a 16 inch water main in Meridian and a 12 inch water main across our frontage on McMillan. So, all services are there. And we basically are surrounded by the city limits. We are kind of an enclave now. Do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Becky, I appreciate the way we backed up and our lot size goes against the existing ones. I see they are the exact same size. Appreciate that. McKay: Thank you, sir. Yes. I made sure they were. Bird: And on the -- you were talking about what Mr. Inselman had said on -- regarding the path -- or the sidewalk that goes through Mr. Starkey's place, something about asphalt and we wouldn't encroach upon his fence? McKay: That's correct. Mr. Inselman believes that the 15 foot between edge of pavement and existing right of way line would work for the temporary five foot asphalt. We just -- I mean that's -- Bird: And that's agreeable, as long as it don't -- Meridian City Council April 11, 2006 Page 21 of 49 McKay: It would be in the right of way. So, we wouldn't have to obtain his permission. So, we will, obviously, make another run at Mr. Starkey. Mr. Inselman said he would be glad to attend that meeting and he kind of -- Mr. Starkey indicated today that if ACHD wanted something, he wanted them to come and talk to him. So, we may get her done, but we have plan B, because I know the continuous sidewalk is an important issue with the Council. Bird: Madam Mayor, could I follow up? De Weerd: Mr. Bird. Bird: Anna, is that okay with staff if we do get Mr. Starkey's deal and not hold u agreement? something temporary like that until they can ~ a project because of the development Canning: Madam Mayor, Members of the Council, Councilmember Bird, I believe even on Amber Creek they left options open that if they weren't able to get that easement, then, to do one within the right of way. So, staff is comfortable with that. Bird: You're comfortable. Okay. Thank you. De Weerd: Okay. Any other questions, Council? McKay: Mr. Hubble would like to show the Council some of his elevations, so I will tum the podium over to him, if he could have a few minutes. De Weerd: Thank you. Hubble: Madam Mayor, Members of the Council, Don Hubble. My office address is 701 South Allen Street, Meridian. And if it's suitable for you guys, I would take about ten minutes and just show you our architecture, if that's appropriate. It's probably not customary at a Public Hearing, but -- De Weerd: You have six and a half minutes. Hubble: Okay. I'll talk fast. I'm going to show you a little bit of strategy. We have done a very deliberate strategy in the way we do our design, in that we want to know our buyer, know the market, and deal with actual data. So, in the survey that we submit to home buyers that buy not only our homes, but all homes, we get 30 percent response that say they'd like more space. If they had an extra 5,000 dollars to spend they'd take a larger home, so -- and, then, we ask them again another question, if they had an extra 10,000 dollars to spend, 25 percent say they'd take a larger home. So, we take that to heart and that has become our battle cry and more space for less money. We also know the market by watching the MLS data and home buyer trends. We watch household incomes. And, then, we understand how that correlates to monthly house Meridian City Council Apri111,2006 Page 22 of 49 payments. So, I just wanted to show -- this is the information from the Multiple Listing Service for homes sold in north Meridian in the last 12 months. You can't hardly read this, but the shaded area is the -- part of the graph we call the heart of the market and that runs from a low side of about 155 -- 155,000, to a high side of about 305,000. So, as you can see, the vast majority of home buyers spend in that price range. This is the same data shown in a different curve. It shows the price on the vertical axis and the square footage on the horizontal axis. And the blue line there is the computer-generator regression line that shows -- this is for both resale and new homes, what the mean price point is in our marketplace. Now, that same heart of the market is shown in that yellow shade again. So, our objective is to keep our prices within that. And you can see the magenta line, that will be the prices that we will offer in our base price at Solitude Place. So, we study this and there is a reason for us to come back with more space for less money and this is the justification. So, quickly, then, I'm going to show -- oh, this is -- to reiterate, I guess, the household income. This is a December number showing that the average household income in Meridian was 58,000 dollars and you kind of see from comparisons of different industries down at that bottom, but that correlates to a house price of 210,000 dollars with a monthly payment of 1,590. So, that's your -- what your average household can afford in the City of Meridian or elsewhere. So, based on that here is our product. We will offer in Solitude Place 13 different floor plans and 52 different elevations. So, for every floor plan -- and you can see the size of the plans there on the left. I won't read them. So, for every one of those we have a minimum of four elevations. So, that gives us our 52 combinations. If you add some other options that we offer, we have a ten percent brick option, a 30 percent brick, hard board, stone, third car garage -- there becomes 312 different combinations of exterior elevations. So, as far as the streetscape, we are going to have a lot of variety to offer and really mix things up. And, then, that doesn't even mention some of those other things at the bottom. We can change the shutters, change the front door, the garage door, the window grids, and, then, offer various colors, too. So, a lot of combinations. So, here they are. We took one plan -- this happened to be a 3,500 square foot plan and showed -- I'm going to show you the four different elevations. This is what we call Elevation A. It has the gable roof, an eyebrow eave over the garage, the colonial grid windows, a full covered porch. You can't hardly see from the rendering, but there are garage columns on both sides of the garage to give it at least another architectural dimension. And, then, we have slat shutters. I'm going to go from there to Elevation B. This is a full stucco exterior, two tone stucco. It has an additional gable over that upstairs bedroom there. It still has the eyebrow roof over the garage, colonial grid window, full covered porch, garage columns and board and back shutters. So, a different look. Elevation C is now a combination of siding. You can see the change in that upper elevation. And, then, it's still got the two hips or the gables in the front, but a hip roof, the eyebrow roof over the garage, perimeter grid windows, the covered porch, and, then, a garage column. And, then, Elevation D is a two tone -- it's a combination stucco and the shake siding. You can see the gable portion of the home. It's got that shake siding. It's got the one front gable with a hip roof, the eyebrow roof over the garage, perimeter grid windows, the full covered porch, garage columns, and traditional shutters. So, we can take those same combinations of elevations for every one of our plans and mix things up. We have modified our basic architecture for this project and we wanted to show you Meridian City Council April 11, 2006 Page 23 of 49 • what we are proposing to build out here. We are definitely open for any suggestions, but we feel very proud with the product we have got. We think that we have got a whole host of options for our homebuyers. I guess we had another plan, but in the essence of time I won't go through that -- let's see. Back to that last one. That was just an example of some rear architecture options that we have also, with some covered porch options. You can see a gable cover and, then, a -- just a shed roof on that middle one. So, we have got alternatives for the rear of the home to help break up the architectural dimensions. De Weerd: Thank you. Hubble: I'm available to answer any questions. De Weerd: Would you like to explain anything else or do -- you haven't been beefed yet. Hubble: I could show you one more plan. Let's show another -- okay. The other series of homes are 50 feet wide. So, that kind of minimizes the garage a little bit. Shows more home than garage. And this is our Elevation A for this series. So, we will be able to build both of those series out here in this subdivision. That's our Elevation A. Here is Elevation B. Full stucco, two tone color. Elevation C for that plan. And, then, the Elevation D with the hip roof. De Weerd: Okay. Council, do you have any questions for Mr. Hubble? Hubble: Thank you. De Weerd: I appreciate you showing these. I know I've always given you a hard time for boxes. So, I appreciate that. Hubble: I could call this -- we did this for you, Madam Mayor. De Weerd: Thank you. Canning: Madam Mayor? De Weerd: Yes. Canning: Members of the Council, the rear elevations, just to explain why they presented those to you tonight, is that they did talk about those as available options, particularly where those houses face the public streets, where they face Meridian and McMillan Roads, so -- De Weerd: Yeah. I believe that was the esthetic value along the arterials and entry corridors into the subdivision; correct? Okay. Thank you. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Well, you did your Meridian City Council Apri111,2006 Page 24 of 49 • homework well. Do you have any final remarks, Becky? Okay. Okay. Seeing that there is no further testimony and no questions from Council, I would entertain a motion to close the Public Hearing. Rountree: Madam Mayor, I move that we close the Public Hearing on these two items. Bird: Second. De Weerd: Okay. Motion to close the Public Hearing on Items 11 and 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 06-007, the request for annexation and zoning of 59.88 acres on Solitude Subdivision and in the -- and to take the applicant and the staffs comments regarding the sidewalks at certain locations if they cannot get the sidewalks, that they will put temporary ones in the right of way -- path of right of way. Am I not right on that? De Weerd: Uh-huh. Bird: And to make sure that the development agreement shows that. Rountree: Second. De Weerd: Okay. I have a motion and a second. Anna, was there any other clarification that you had suggested? Canning: No, ma'am, Members of the Council. It's clean. It was just that we forgot to add that development agreement provision. So, we will go back and amend the staff report and include that. De Weerd: Okay. Bird: You will add that to the findings, won't you -- or to the development agreement? Canning: Yes. Bird: Oh, it's already in the development agreement. Canning: Madam Mayor, Members of the Council, we don't -- the Findings don't really address the development agreement, except in the staff report it talks about what is Meridian City Council April 11, 2006 Page 25 of 49 C~ being proposed for the development agreement. So, we will revise the staff report to reflect development agreement and provisions. Right now there is not even a mention of a development agreement, unfortunately. De Weerd: So, those Findings will come back? Bird: Yeah. The Findings will have to come back. Canning: We can bring them back if you'd like to. The Findings for the annexation and the plat are, actually, okay. It's just not very clear as to what Council wants to do with the development agreement. The development agreement is, really, not a Public Hearing item like the other two that you're adopting Findings for. So, I want to amend the staff report just so it's clear, but I'm not sure it needs to come back to you. We can just amend it that the applicant has stated that they are okay with the language I have proposed and we will put that as part of the development agreement discussion. Bird: That's fine with me. I mean that's -- as long as it's fine with legal. Baird: Yeah. De Weerd: Okay. That works for Mr. Baird. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item No. 12. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 06-006, the request for the preliminary plat for Solitude Subdivision and also pass the Findings. Rountree: Second. De Weerd: Okay. The motion is to approve Item 12. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Mr. Hubble, I would like to compliment you. You have tried to gain ideas from this Council and myself on what kinds of products we wanted to see in our Meridian City Council Apri111,2006 Page 26 of 49 community. You have addressed some of our concerns on roads and donating right of way for the roads in the intersection. You have addressed off-site improvements that certainly this Council has been interested in the safety of the kids in getting them to our schools. We appreciate that and thank you. Item 13: Public Hearing: 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 14: Public Hearing: 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. Items 13 and 14 are public hearings on AZ 05-067 and CUP 05-060. I will open these two public hearings, 13 and 14, with staff comments. Canning: Okay. Madam Mayor, Members of the Council, this is the Casa Meridiana project -- it's not located at Medford Place. There we go. It's located at the comer --the southeast comer of Locust Grove and Victory. And this is a request for annexation and zoning and conditional use approval. The gross density of the project -- I'm going to go down to the colored one. You can see the units here, although this is not the current proposed layout, but it shows a little better in color. But these are a combination of 31 units on one lot. So, it is amulti-family development. You will notice that these units are in pairs of twos, as in this case, or threes, as in the larger units are threes. So, here is three, two, two -- so, varying combinations of one, two, and three units standing alone. This does require -- because it is multi-family it does require a Conditional Use Permit and you are actually seeing that application before you tonight. The Commission has -- because these are coupled together with the annexation, the Commission has just recommended on the Conditional Use Permit, rather than made a final action. Okay. So, this is our current layout. And I will let the applicant explain more about the layout. I did want to point out that the overall density is 4.6 units per acre. Normally we would see that kind of development in an R-8. They are asking for the R-15, because that's the first district that allows amulti-family development. It is prohibited in an R-8 development -- or R-8 district. We do have elevations. As seen here. The Commission heard this item on March 16th and they have recommended approval. Russ Phillips, the applicant's representative, spoke in favor of the application. No one spoke in opposition. And Eric Oaas, the applicant, did comment on the application. The key issues of the discussion by the Commission were gates. The original -- it gets a little bit confusing. The applicant, when they first came to us in pre-application discussions, indicated that they wanted to do gates. We informed them that the code did not allow that. So, they withdrew that, but it's still been very much a topic of discussion with this application. We have talked to them about doing a text amendment. That has not been submitted, but we do understand that they may be moving that direction. Other issues of discussion by the Commission included high groundwater, cut-through traffic, private streets for what is, essentially, a single family residential or attached residential Meridian City Council April 11, 2006 Page 27 of 49 development. Some townhouses. Interconnectivity of the private road system. Currently they are proposing these as private roads. The Planning and Zoning Commission -- I'm getting ahead of myself. Sony. They are currently proposed as private streets or private roads. There was discussion of redesign of this development to provide internal access from adjacent properties, either to the south and/or to the east. Discussion about access to major road systems or local roads access only, kind of tied with the previous one. And, then, emergency service drives, instead of stub streets. And I believe that discussion was for this extension here of the private street. The key change to staffs initial recommendation was to require that this kind of generally north-south street that connects to the south be a public street. So, the outstanding issue before the City Council as presented in the staff report, there is a couple. One is the site design considerations that each unit needs provide a 20 by 20 parking pad. And, then, some questions about the fencing plan along the common open space and along the perimeter of the site. And, then, again, the public versus private streets. That system. This is a -- as shown is a very narrow street and to make it a public street will require some site redesign. It also would require that the applicant submit a preliminary plat, because you can't dedicate a roadway, except through preliminary plat process. So, that is still an outstanding issue for the Council. Those are the issues as presented in the staff report. This project has been very difficult for staff and for the applicant and for me in that what they are proposing technically meets the code and so the staff report focuses on how this project meets or does not meet the specific code. However, this project takes our code in several directions that I'm very uncomfortable with and the applicant and I have talked about this. I presented a memo to the Planning and Zoning Commission. We have had other discussions with them and their attorney. And I want to let the Council know what those concerns are and where I'm headed with those. Again, it's -- the major one is this public versus private street system. And I'm happy to say that the fire marshal and I completely agree on a street issue and this is the one, so that was cause for celebration, perhaps, but -- when we were doing the Unified Development Code, the fire marshal was particularly concerned with having some means of addressing multi-family developments and for commercial developments where they didn't have a public street that went into the depth of the project. So, we added the private street provisions -- we had private streets allowed under the old code and what they basically mimicked was the standards for the reduced right of way section for Ada County Highway District, because we wanted -- we didn't want people -- the old code didn't want people using a substandard street and calling it a private street, just so that they could avoid ACHD standards. So, those private street standards were, really, based on ACHD standards. Well, no one ever used them. They just figured if they have got to build a comparable street, then, why not dedicate it to the highway district and have them maintain it. So, no one was using those. So, the fire marshal and I saw an opportunity to allow private streets as part of the Unified Development Code strictly for addressing purposes. It was for multi-family developments where you come in off a commercial drive aisle, you have 90 degree parking and, usually, you have a system of interconnected drive aisles that get you through the apartment complex. It was a way to name those drive aisles, so that the fire department and the police department could respond to emergencies, rather than just having, you know, a hundred addresses listed out at the front of the property and this is Meridian City Council Apri111,2006 Page 28 of 49 how you get in. And any of you that have ever lived in an apartment complex or tried to visit someone in one, it is very difficult to find your way through those sometimes. So, that's why we started the private street provisions. It was not to start an alternative street standard for residential development. It was just for multi-family for addressing purposes and for commercial addressing purposes. Well, because this project is technically multi-family, they are able to ask for the private streets. They do plan on condominiumizing -- try and say that one fast. They do intend on doing a condominium plat to make those -- each of those residences an individual ownership. But it will be done for a condominium process. So, I'm very concemed, one, that we are setting a precedent by this project regarding the use of private streets for, essentially, single family homes. The other precedent I'm worried about, along with the fire marshal, is that this may set a precedent regarding these private streets in order to just have reduced construction and development standards for a residential development. You know, this should probably meet the same standards that another attached single family or townhouse project would have to meet and currently they don't. Moving onto the next issue. It's the interconnected street system. As it's shown now, they do have a stub going south, but if they move forward with this whole gate discussion, which has been discussed quite a bit, because they don't want cut-through traffic, then, we are losing that interconnected system. And it's very important here. You have avery -- this one shows it better. You have some severe physical constraints. You have got two irrigation facilities that are quite large, both in this area. So, you really have one property that's to the south and one and a half or two properties to the east, along with this one, that all have to interconnect. I don't know if this is Tuscany Village or Tuscany Lakes, but this Tuscany project here does not stub into this area. And, then, the rest of undeveloped land in the section is the DeChambeau property and currently we do show that as a neighborhood center. So, the idea is to get folks moving toward that neighborhood center for their services, for their local retail, you know, to go buy coffee, to go buy ice cream, to have a central gathering place there. This project does have one going to the south, but it doesn't have one going to the east currently. The gate issue -- and the interconnected issue and the gate issue are closely tied. As I mentioned before, the applicant's original solution -- they were rightly concemed that this would become very much cut-through traffic and so their solution was to have gates on that and, again, it's not part of this application as it stands, but it -- just the discussion keeps on coming up. And the gates don't seem to offer any other security or amenity feature, they just seem to be mostly designed to cut -- to prevent cut-through traffic. But, again, with the Comprehensive Plan we talk about this interconnected street system quite a bit. So, I'm concemed about the precedent that this project may set regarding interconnected streets, one, and gates as it moves forward as the other. If we are approving a design that needs gates, then, maybe that's the question. Do we approve it or do we annex it, rather than do we allow gates. Finally, the issue of the condominium plat is -- concerns me. As I mentioned before, they are requesting R-15 zoning. They are about 4.6 units per acre and the reason they are requesting it is to -- so that they can allow -- as for this multi-family development and, then, in turn, do a condominium plat. You won't see the condominium plate. It's an administrative approval under the Unified Development Code. What the UDC says is that a condominium plat application for property in any district may be processed as a short Meridian City Council April 11, 2006 Page 29 of 49 • plat where no new development is proposed. Now, this is another one of those ones where, you know, we were trying to do the right thing and maybe opened up a can of worms here, because where we were starting to see these condominium questions come up was not in residential, it was in commercial, and in a commercial you're allowed to have multiple buildings on a site, so -- and even multiple ownership within a building was not really a concern. It's, you know, instead of a leased space, it was a condo space. And we had seen the struggle that these commercial properties were facing when they came in to do a condominium plat, having to go through a four or six, nine, 12 month process to get the condominium plat done. So, we said, okay, well, if the development's already proposed -- or approved, there is no need for City Council to see a condominium plat, because it's not changing the land use. And that's very much I think the -- Mr. Watson would say very much in keeping with what the intent of the state's provision regarding condominium plats are. In this case where we have got a residential property, it gets very tricky, because so much of our residential standards are based on ownership. You have single family attached -- a duplex is different from single family attached and physically they are the same structure almost, it's just you have a lot line under one. And multi-family is different from a townhouse in that, again, you just have these lot lines sitting under these houses that the built form looks the same, but the ownership really plays a very much different role. So, we have got, through the condominium process we are, again, kind of not developing to the same standards. It's kind of like the private streets, where we are setting a different standard for this -- this development could set a precedent for allowing a different set of standards by using the condominium plat process. You know, when we did the UDC we sat down with all the development community that we could gather at the table and said, you know, we don't want to be doing planned developments anymore, we want consistent standards across the board. We want all -- you know, we want to meet what your standards are, but we want them all to be the same. And now we are opening up this condominium process to basically have a whole different set of standards on every project that comes through again. So, I'm very much concemed about the precedent that this project may set regarding using condominium plats in residential developments. You do have Findings for approval before you tonight. Although the staff report does recommend that you have the applicant submit a site plan that depicts the public streets and the other site design considerations pointed out in the staff report. And with that I will answer any questions. I know that was a long presentation by staff and it's a little confusing, but I am concemed. De Weerd: I know. I was going to ask you to summarize five minutes ago. I do have a question. What is -- now, my parents lived in condominiums and, actually, I did a presentation to an older group of citizens that made the comment, as the baby boomers begin to age, we need to start paying more attention to the type of housing they desire and these were probably the first of the baby boomers that are hitting that retirement age. And they are very interested in condominiums. What is the difference between this and townhouses, other than you're owning lots, but not the land? Is that -- or you're owning the house and the land? Meridian City Council April 11, 2006 Page 30 of 49 Canning: With a condominium common association. So, all the and, then, you own an airspace. you own airspace and, then, the land is held in a land and all the structures are held in the association You own from interior wall to interior wall. De Weerd: Okay. And that's what my parents owned and they preferred that. Canning: And I didn't mean to say that I have a problem with the condominium ownership, I just have a problem with the difference in standards that we are using. If this were a townhouse development this would have to meet much more rigorous standards. So, I'm worried about the equity between different forms of ownership. De Weerd: Okay. So, we are not looking to exclude condominiums, but they have a different process than, apparently, this one is coming in under? Canning: Right. They -- I guess optimally I would like to see this development have to meet the same standards as say a townhouse development would have to. They have a mix of single family -- single family detached, single family attached, and townhouses, if they were on lots. And, again, they don't have frontage on a public street. Right now they don't have the 20-by-20 parking pad. They don't -- they have a 24-foot street, instead of a 33-foot street. I mean it's just the standards are very different in how this is being able to develop, because they are going through as amulti-family development and, then, with the intent of doing a condominium plat in the future. De Weerd: Okay. Council, do you have any questions? Bird: Not at this time. Borton: No. De Weerd: Okay. Is the applicant's representative here? You got into planning, uh? Butler: I did. Good evening. Joann Butler, 251 East Front Street, representing the applicant. And I'm just going to stand here for a moment. We'd like to start our presentation with an overview by Russ Phillips, the architect, and, then, I'll come back to the podium, and Eric Oaas will summate -- do a summation. Thank you. De Weerd: Okay. You have -- okay. So, you all have a collective 15 minutes. Phillips: Okay. Madam Mayor, City Council, I'm Russ Phillips, with Insight Architects, 2238 Broadway Avenue, Boise, Idaho. De Weerd: Thank you. Phillips: And we do have a CD that is right here. We are proposing a small development on 6.9 acres that we feel really implements recommendations and guidelines as set forth in the City of Meridian Comprehensive Plan, by offering social Meridian City Council Apri111,2006 Page 31 of 49 • and economic diversity and a variety of higher end housing. We are accomplishing this by providing owners -- owner-occupied residences with high quality materials and design, a mixture of attached and detached owner-occupied residences. We are promoting social, economic diversity within the city in a variety of ways, yet within a rural setting. We are taking some natural features and vegetation type environments that are there now and trying to make those features and we are looking at exteriors that will be maintained by one organization, one entity, homeowners association. Next slide, please. As pointed out, this is our site right here. It's a unique site. It's bound by Victory Road, which is at the time of our application deemed a collector. And, then, Locust Grove as another collector. Next slide. As pointed out by Anna, this was our initial presentation, 32 units. And I'd like to say that Oaas Laney, the developers of this property, are extremely community-oriented and conscious and thoughtful in their developments. For example, in this one we have been -- they have been taking a look at the -- a number of factors for a year now, considering -- meeting with city leaders, citizens in the community, and conducting several focus groups to ascertain the type of development that the city is looking for. We are -- the intent is not to try and stretch or divert from standards that are set and policy. What we are trying to do is create the diversity that we feel Meridian has been looking for. And to do that it takes thinking outside the box. And we have to compliment staff. I think staff has been very helpful in helping us work through these issues. We understand that they -- staff is somewhat constrained by their assignments and in this case we are -- what made sense to us was to accomplish this layout with private streets. The main premise is that we have got an existing -- a seasonal feature, water feature, that runs through this area and we wanted to site the homes first and look at how people in this environment would want to live in their homes, what they would want to see, considering noise from these two collectors, sun orientation on back patios, noise, and so forth. So, we -- if you look, it's not a standard grid. We have oriented minimal -- these homes so that there is minimal impact along these streets. Where there is a patio area, we have got a screened wall. But the idea is, really, for focus inward in a community that provides young professionals or empty nesters with an alternate housing environment that fits their lifestyles. The idea is they can work in downtown Meridian, St. Luke's, other areas in Meridian, and not have to travel from Eagle or Boise or other communities to enjoy this type of lifestyle. We have -- this is an amenity enhanced area, not only with the water features seasonal water features, but abundant open space. Each unit has its own private patio and yet it shares on common areas as well. We have an activity building, a pool, hibachi courts. The theme is built around a southern -- a Mediterranean type lifestyle and so we picked activities that fit within this type of community. These are -- these are very nice homes as far as -- they are roughly 22, 23 hundred square feet. They have upstairs and downstairs to each -- each of them. They have three bedrooms, essentially, but we have a -- several mixtures of rec rooms upstairs, library or master suites or a guest suite upstairs as far as bedrooms. Downstairs we have got roughly 1,500 square feet in each unit. They are townhomes. We need to design them for the UDC multi-family housing standards. They are townhomes. They are connected. But in lieu of having walls of homes facing your community, we elected to break those up and a benefit from that is that the focus group -- some people would like to have a stand-alone home, others would rather share common walls and we worked with the fire Meridian City Council Apri111,2006 Page 32 of 49 department extensively, with Joe Silva, regarding private streets. He is very comfortable with a 24 foot street width that we propose. The cul-de-sacs meet his requirements and, then, we have areas between the buildings so that fire truck access and hoses can reach between each of these buildings as well. Private streets is what makes this development work. The Commission had various opinions from we need connectivity regardless of the development, to one Commissioner stated I don't know if connectivity is really important in this instance. Next slide. What we are proposing tonight is -- is not a gated community. We have -- it seems that one of the concessions we made was to eliminate the Locust Grove access to created emergency access stubbed to the south grass-creet, so that emergency trucks can still come along this area. We would have bollards. And we would have one point of access off of Victory and with a private street we are allowed to have some parking at the activity center that can back into the private streets. The street widths are narrowed down, so that we can accomplish the 24-by-24 parking pads and we did lose one unit due to the loss of Locust Grove egress, but the developer is willing to work with that. Connectivity is -- we do not have vehicular connectivity, except for emergency access to the south, which is what this was a requirement by the Commission. And we do have pedestrian connectivity to the south and to the east that if there is a regional shopping area off to the east or neighbors to the south, there is no reason to jump in a car and drive there, that with our environment and gas situation and so forth, that we'd rather encourage people to walk. And this is a small area if you look at the entire area. And so walking really makes a lot of sense. Next slide. I'd like to just flip through quickly some slides and, then, let Joann speak. Next slide. These are ideas of -- this is where we got our images from. Next slide. These are from the type of -- same materials, stucco, clay the roof. Next slide. Next slide. Next. Next. Next. Next. Next. Next. Next. And each one will have -- next slide, please -- will have a trellis area. Next. And at this time I'd like to tum this over to Joann. Butler: Thank you. Joann Butler. And I'm going to talk a little bit about a planning issue before I get into a legal issue. Let's see if I can make this out. What this slide represents is not Casa Meridians. It represents where I used to live. This -- let's see if I can do it. I'll have to go up here and see. Bird: Grab the mike there, Joann. De Weerd: She's talking to herself. Butler: I am talking to myself. Bird: Just us old guys are supposed to do that. Butler: Okay. I'm not sure if I'm going to do this exactly right. But this particular house is -- yeah, it is. This is my house or -- we just moved from here. And I just want to comment on the pathway and the connectivity. You have got an area down here in Meridian that is fairly secluded because of natural and other borders. What I had in my house was a neighborhood over here. I was in this neighborhood. There was a creek s • Meridian Ciry Council Apri111,2006 Page 33 of 49 here and another neighborhood over here. Right along my side yard was an emergency access and a pedestrian pathway that led over to this street. This is how I met all of my neighbors. In fact, I was so oriented because of this pathway, that this is - -this became my neighborhood. Not where I drove in, but this. It's a very effective way to insure that you don't have vehicular traffic going through an area and cutting through and that is one of the main things that you do ask for in your Comprehensive Plan as a goal, is to prevent cut-through traffic. And so the only reason this slide is up there to say I'm just giving you a personal anecdote of where not only did it work, but it worked well and it brought neighbors together, because they were on their feet, they were walking through what amounted to your yard, and it's a very good technique for connectivity. Now I just want to talk a little bit about the legal issues, because this is a really very important issue and it's so important that by the time I get done with this I'm going to suggest that we table this matter and we ask your attorney to look at it for a week until next week and I'll explain why. As Anna said, what we are interested in is consistent standards. And that's exactly what we are trying to do here is treat things consistently. Like things alike. And so bear with me as I go through a little bullet point of what things you already know. First of all, I'm going to talk about some state statutes and I'm going to talk about the local Land Use Planning Act, which deals with use. Not ownership of land, but land use. The act enables you to create a comprehensive plan on 11 components that you have to address. None them are ownership. The act enables you to draft a zoning ordinance and regulate height, size, setbacks. It absolutely says nothing about ownership. And that's for a very good legal reason. Zoning restricts the limit that land can be used and not based on the identify or the status of users, because if you do that, generally, your ordinances are going to be held invalid. The proper concern and the focus of zoning has to be on the use of the property, not the form of the property's ownership. Anything else raises very important due process and discrimination concerns. The Idaho Condominium Property Act establishes condominiums as a form of real property ownership, so it becomes a single family ownership in the condominium format. The condo act also says that zoning ordinances must -- must treat structures alike, regardless of whether the structure is zoned as condominiums or is owned as an apartment and leased. So, a multiple meaning more than one, family building must be treated like any multiple family building regardless of the fact that the ownership is in the form of a condominium. Your Comprehensive Plan talks about transportation. It discourages cut-through traffic. It encourages pathways along the lines of what I'm talking about here. It calls for diversity of housing types. The UDC, again, governs land use, not ownership in any way, shape, or form you do not address the status of folks. The UDC does allow private streets in multi-family developments and now it's very important here to talk about what your code defines as multi-family developments versus multi-family dwellings. Amulti-family development is anything with three or more homes. They could be individual detached single family. They could be multi-family structures with more -- three or more units in them. But amulti-family development is very different from amulti-family building. The UDC goes on to explain that private streets are not intended -- they are intended in multi-family developments, but the UDC -- and I'm looking at 11-3F-1 for later -- is that private streets are not intended for single family, other than those that create a common mew and that is a design technique that, obviously, you are championing where you're ~ ~ Meridian City Council Apri111,2006 Page 34 of 49 creating private streets and mew comes from an old English term meaning formerly private stables turned into homes and that's what you're trying to create, more of a private cul-de-sac type of situation. Canning: Not cul-de-sac. Butler: That's what the definition is. I don't know what you were considering. But be that as it may, I just wanted to say that the UDC says private streets are intended for multi-family development. I would think that the language of the UDC may be -- may be in need of tweaking. It appears to me that the private streets are intended for multi- family developments that include multi-family dwellings, not intended for multi-family development that are included in detached single family. But that's not what we have here. This would be in keeping with state law, which requires multi-family dwellings to be treated consistently no matter what the ownership is. The private street requirements are met with this application. It meets the design criteria. There is no detriment to others, especially because it promotes a comprehensive plan for no cut- through traffic. It may be that you have a real concern about private streets in Meridian and that may be and I have no idea -- it sounds like it from the fire department's perspective. As long as you have private streets, you just have to use them consistently with the same kind of structures. And that's all we are saying here. It's not pressing the envelope, it's saying just be consistent based on the type of dwellings that are being involved, not on the ownership, because that's where the slippery slope of discrimination comes into play. So, if this city wants to look into ending private streets, then, I think that's certainly within the purview of the city, but for right now with multi- family dwellings, I think it would be inconsistent to treat it any other way than to allow as was requested the private streets. I know that's 180 degrees from what Anna is saying, because she's talking about ownership, and so that's why I do think it really is an important issue for the city to grapple with and I would suggest that maybe some time, even just a week, be taken to look at it. Thank you. De Weerd: Thank you. You probably have 30 seconds, Eric, since your colleagues here have taken all your time. Oaas: Eric Oaas. De Weerd: Okay. Time's up. Rountree: But good to see you anyway. Oaas: Oaas Laney, 519 West Front in Boise. Madam Mayor, Council Members, I appreciate the opportunity to speak. I think the only thing that I would say is that we have -- what we have tried to do with this development is we have tried to do something maybe a bit different, maybe like Russ said, thinking out of the box a little bit. But what we wanted to add to Meridian is to add some diversity in terms of development projects that maybe attract some people that Meridian is losing. We believe that this project, because of its -- because of the nature -- because of the dual income, no kids folks, plus • Meridian City Council April 11, 2006 Page 35 of 49 the empty nesters, this is an amenity rich subdivision that really -- really offers something that we don't think the City of Meridian currently has and right now we are afraid are going to Eagle and going elsewhere. Now, the gates on the community would be nice, but we understand that the city really hasn't looked very favorably at the gates issue. But having said all that, we truly would like the city to take a good hard look at this. We have designed it in a way that we think is very accommodating, but at the end of the day we want to bring some diversity to the city that we don't think it currently has. Thank you. De Weerd: Thank you. Oaas: And do you have any questions? De Weerd: Council, questions? Bird: I do have some questions, but I think that what Joann brought forward, if we was to continue it I can ask at that point. There is a couple of clarifications I'd like to get, but one of them has to come from our fire department, which I will get. De Weerd: Okay. Bird: I don't need it now, no. Not unless we are not going to continue. De Weerd: Okay. No questions at this time. Oaas: Thank you. De Weerd: Thank you, Eric. Is there any testimony on this application? Okay. Now is the time for your questions. Mr. Baird. Baird: Madam Mayor, Members of the Council, I do appreciate the approach that counsel for the applicant is taking here. She's bringing forth some issues that are best probably not discussed in a Public Hearing and I think I would appreciate the opportunity to sit down with the planning department. I'm not sure if we are really talking about ownership or if we are talking about a distinction between single family attached and condominiums. I think that's kind of what the planning director was getting at is we have certain standards for single family attached that are vastly different from multi-family. I'm not sure if this is an unintended consequence of the Unified Development Code, but those are all things that I think a week or two to look into we would all benefit from. De Weerd: Okay. Council? Borton: Madam Mayor? De Weerd: Mr. Borton. u Meridian City Council April 11, 2006 Page 36 of 49 • Borton: It makes sense, in light of Mr. Baird's comments and what Ms. Butler had recommended, that the matter be set over for a couple of weeks for this work to be done. And with that I would move to continue Public Hearing AZ 05-067 and CUP 05- 060 for two weeks to April 25th. Rountree: Second. De Weerd: Okay. I have a motion to continue this to 4/25. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: That's April 25th. Mr. Rountree. Rountree: You didn't give us an opportunity for discussion, but -- De Weerd: After a motion like that you don't have discussion. Rountree: I'd just like to be on the record that this does create some issues for the city, obviously, and certainly for the developer. Having been involved in far too many nightmares on Idaho Street over the past years and with the concern that staff has and I think the genuine desire on the part of the application to create a real quality community for the City of Meridian, I would very much like to see us get together and get this worked out, so we aren't back here at some point in time in the future trying to rectify the sins that we both created from one another. With respect to private roads, we are now seeing private roads that have been approved in the past in the City of Meridian coming back to be vacated in order for ACHD to take them over at the desire of the residents within those closed communities. So, it is an issue that we are dealing with. And I think the issues of the various standards -- and I appreciate everybody's comment that we want uniformity in what we see. I think we can reach resolve. It might take more than a week, but I would hope that the next time we see this that staff is comfortable, so we can be comfortable and myself in particular, because, again, I don't want to create something for a future Council that they have to solve as it relates to a bad line or a bad plot or a bad piece of planning that went on at this point, when it could have been corrected and not create a future problem. So, I just had to say that. De Weerd: I appreciate that. And I think that's, too, what the applicants were trying to give time to to work through. Personally, this is the kind of development we would like to encourage. So, if there is a way we can figure out how best to bring these kind of developments in that meets both goals, the goals of the city and the goals of the developers in addressing market, this is a product I think the market will accept. So, this has been continued to April 25th and we appreciate that your time. Item 15: Public Hearing: Proposed New Park and Recreation Fees and Fee Increases to Cover Cost of Recreation Programs and Park Services: • Meridian City Council April 11, 2006 Page 37 of 49 De Weerd: Okay. Item No. 15 is our Public Hearing on proposed new Parks and Recreation fees and fee increases to cover the cost of our programs and park services. I will open this Public Hearing and ask for Mr. Strong or whoever's comments. It looks like Mr. Strong. I didn't know if Colin was going to do it or Leanna or -- Strong: Madam Mayor, Members of the Council, I'm just going to introduce this and Colin to talk about the fees, but what you have before you is a clean-up of the fees over the past several years and, Colin, if you need some explanation of what's being done, he can go through that fairly quickly and concisely, so I'll ask Colin to come up. De Weerd: Thank you. Moss: All right. Madam Mayor, Members of the Council, this, like Doug said, is just a -- we kind of got together and all the past -- all the past fees that have been proposed to the Council, we just kind of got everything together -- oh, song. We got everything together to be in one database, so we had all our fees in one spot, because up until now we have had, you know, just bits and pieces of fees that have been proposed at different times. So, as you will go through here you will notice that there is a lot of things that we are not even changing and it's just in an effort to have everything on the same piece of paper. So, I will take any questions anybody has about some of the fee changes or any of the new fees or fees that we are moving. A lot of the fees on here they look like they are changing by quite a bit, but it's really -- a lot of the fees on here were either -- you know, the wording was wrong or the fee was just incorrect altogether and so I just cleaned it up, basically. So, if anybody has any questions. De Weerd: We like cleaning up. And we won't kill the messenger. Any questions, Council? Bird: Madam Mayor, I do have a question. De Weerd: Mr. Bird. Don't kill the messenger. Bird: Basketball. What is it -- tell me what a USSSA fee is. Moss: USSSA fees are -- they are like an association fee, just like an ASA fee for softball. You will notice that we took out ASA fees, because the last fees for basketball that were proposed were for ASA fees. However, we have never charged ASA fees for basketball. ASA doesn't even cover basketball, so -- Bird: What is this thing -- what does the association do? Moss: Basically it's an -- we pay USSSA and they provide us and each of our teams with insurance, basically, or coverage for injuries. Each team that we pay is covered through USSSA nationally, so it, basically, adds some insurance coverage for our teams. Meridian City Council April 11, 2006 Page 38 of 49 u Bird: Is this -- is this 20 dollars a team or 20 dollars a person? Moss: A team. Bird: And they cover your medical insurance? Moss: I'm not familiar with the specifics of what all is covered, but it's -- it would be the exact same thing as an ASA fee for the softball, so -- Bird: You know, I'm quite interested in that, because I sponsor one of the basketball teams every year, so I just wonder what kind of a fee -- you know, if you would have said AAU, I would have known what that was, but -- Moss: Well, I could certainly -- Bird: I mean for 20 dollars it's a good fee if you're covering insurance, but I've never known a city league program to cover insurance. I have no problem with it as a sponsor, I would like to know what it stands for and what it does. Moss: Well, I could certainly talk to our USSSA representative and see -- kind of get a little bit more details about what that does cover, because, like I said, I'm not completely familiar with their -- Bird: If they cover medical and everything, I think the city better run down and see if we can't sign up as a city for that. De Weerd: Mr. Bird, on the soccer league I was involved in we had a two to three dollar charge per player for insurance and that is only if there is an accidental issue. So, it just covers that -- that liability. Bird: That's what? De Weerd: So, they call it medical, but what it does is it will cover medical expenses as a result of an injury. Bird: I'm quite familiar with all those kind of things. I have been involved with Optimist football for 41 years and we do cover that kind of stuff, but I'd like to -- I'll guarantee you we don't pay 20 dollars for a team. Baird: Madam Mayor? De Weerd: You have bigger teams than basketball. Yes, Mr. Baird. Baird: This matter would need to come back in the form of a resolution to approve the fees, so if you also would like to continue the hearing for a week to get that answer before you approve them, we can certainly accommodate that I think. Meridian City Council April 11, 2006 Page 39 of 49 De Weerd: Sounds good. We will get Mr. Bird his answer. Bird: Yeah. I'm real curious. De Weerd: Do you have other questions? Bird: No. I think it's great and I appreciate what Colin has done. He's got these fees into place, like the minimum players. Another thing I like, he don't charge extra for out- of-city players, which I appreciate. No. I think they look real nice. De Weerd: Thank you. Any other questions? Mr. Borton? Borton: Madam Mayor? De Weerd: Yes. Borton: Colin, do these revised fees adequately cover the expenses incurred by the city to host, put on, and organize these functions? Moss: They do. Borton: Good. Rountree: My question, Madam Mayor -- and, obviously, I know the answer, but this is comprehensive, we haven't forgotten something? It looked to me you have -- Moss: To the best of my knowledge, this is all of the classes and fees that we would take in as a parks and recreation department, with the exception of future classes that we might offer, at which point we will just propose those as they come along. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One other question. Is there amechanism -- I rent Tully Park and I tell you I have got 20 people coming and 200 or 150 show up. Is there any history of how that's policed, if at all? De Weerd: You will be kicked out. Borton: Do you know? Moss: I'm not sure of any history of it actually happening, but I would imagine that it would be policed by our park staff, who are out at the parks, you know, pretty much every day of the week. So, I'm not sure if that's ever happened. Meridian City Council Apri111,2006 Page 40 of 49 Borton: Madam Mayor? One other question. Maybe Mr. Strong can answer it. I don't know if it came up in the parks and rec, I forget. Discussion over a deposit for clean up, whether or not there is -- is there any provision for ability to have them pay a deposit if they rent a shelter and leave it a total disaster or damage something or anything like that? Strong: Madam Mayor, Members of the Council, we did discuss that issue in our last commission meeting and it was deemed very difficult to manage a deposit type of structure for a shelter, because somebody would have to -- kind of like if you rented a house or an apartment, you would have to determine the condition when you arrived and the condition when you leave and that didn't seem practical for staff or -- because it would require additional staff time and issues that way. So, it was nixed at least at this point that we wouldn't be doing that -- that type of thing. Borton: Okay. Strong: As far as your question about if you rent it for 50 and 200 show up, we have not taken any specific action to patrol that. We typically trust the people when they make a reservation that that -- there probably are people that cheat that to some degree, I would guess, but when you rent a shelter people don't always stay at the shelter, they use the park and other areas, so it's sometimes difficult to determine how many are actually with the reservation as well. So, again, that would be kind of a policing thing that if we -- if we felt a need to do that, then, it would require additional staff time involved in that. Borton: Okay. Thanks. Bird: Madam Mayor, could I have a follow up on that with Doug? Doug, when we lease out the shelters, we don't lease them out by number of people, do we? Strong: Madam Mayor, Members of the Council, Councilman Bird, we do, actually, identify numbers when we -- and I think on the fee schedule it will show a difference for different numbers of people that rent a shelter. Bird: Okay. Strong: Because there is a -- we have -- we put out additional trash cans, sometimes we have to do additional work the larger the group is. Bring in picnic tables sometimes, but there is usually additional cost if it's more than what it's -- for the tables if there is more than what typically use the shelters. Bird: Yeah. I knew we had a difference between small and large shelters, but I didn't know we actually did that. • Meridian City Council Apri111,2006 Page 41 of 49 Strong: There is just more of an impact on the shelter and the entire area around the shelter just for cleanup afterwards with a larger group. De Weerd: Any other questions? Bird: I have none. Rountree: Madam Mayor, I have a question, I guess, on this particular item. Are we being asked to approve the fees or just the consolidation of the fees in one spot? De Weerd: Approve the fees. Rountree: And it looks to me an aggregate. The fees, actually, probably, have gone down, but there are some fees that exceed the posting limit or noticing limit. Have we noticed the fee increases? Berg: Madam Mayor, Councilman Rountree, we noticed the entire fee schedule. Rountree: Okay. Berg: Because it was kind of a clean-up, but I'm sure that we won't do that in the past, we will just keep a little bit better record of what fees were approved what time. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Don't we have to bring back a resolution approving these? And so if we agree with them, we can ask to get a resolution in the next couple of weeks. I mean two weeks isn't going to hurt you or one week or whatever. We've loaded him up pretty heavy. Baird: This one's easy. Next week. Strong: From my understanding in the past I don't think two weeks would make a difference if -- there has never been any protest of anybody paying a fee, because they typically sign up voluntarily, because they want to be in the activity, so we wouldn't have any issues with that. One additional clarification. It looks like one or two of the fees went down. It's, actually, just the way that we have reworded the fee, so that they read consistently. Where there is a team fee and, then, a player fee, it, actually, amounts to about the same amount of money. So, all the league fees would all read the same, because it didn't in the past. Bird: Doug, can I ask you a dumb question? Have we been paying an ASA fee in basketball? I'm going if I did, you know, I'm not very dang smart. Strong: It's been on there. I don't think it's ever been paid. Meridian City Council Apri111,2006 Page 42 of 49 De Weerd: I'm not going to touch that one. Bird: I know you aren't. Baird: Madam Mayor? De Weerd Mr. Baird. Baird: Just to clarify, if it's okay with Councilmember Bird, that Colin can get back to him informally to answer the questions about the ASSSA, that way we don't have to continue the hearing. So, we would just be seeking direction from you to bring back that resolution and close the hearing. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Unless there is any further discussion, I move we close the Public Hearing on the proposed new Parks and Rec fees. Bird: Second. De Weerd: Could I just, first, ask if there is anyone who would like to provide testimony? Okay. So, I have a motion and a second. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve the proposed new Parks and Rec fees and that a resolution be brought before Council next week. Bird: Second. De Weerd: Okay. I have a motion to approve the fees with a resolution for next week. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council April 11, 2006 Page 43 of 49 Item 16: Public Hearing: Public Works Fees Changes as authorized in Title 9, Chapter 1 Water Use and Service, and Title 9, Chapter 4 Sewer Use and Service of Meridian City Code including water and wastewater assessment, water meters and appurtenances, and water system itemized damage fees: De Weerd: Okay. Item 16 is a Public Hearing on Public Works fees and changes as authorized in Title 9, Chapter 1, of Water Use and Service, and Title 9, Chapter 4. Mr. Watson. Watson: Thank you, Madam Mayor, Council Members. In a similar vein, somewhat similar vein to Colin's presentation, this is clean-up of many existing fees that are on our books and, really, most of them are either reductions in the cost or lower than five percent increases. There are a couple exceptions. These are for meters and parts and pieces that go into the meters and there is also -- the second table is for repair fees of meters and appurtenances and I know you don't want me to go through each one of those. The second group of fees on the second page is called a QAQC Plan Review Fee. I'll try and make this concise. Because of some changes that happened with DEQ last year in their plan review process and some decisions that the Board of Professional Engineers made, it has kind of mucked up our development plan approval process a bit and I'll certainly answer this in detail if you'd like me to, but we are going to, with this fee, implement a quality assurance quality control plan utilizing athird-party professional engineer on our development plan review process. That will allow us to -- in many cases, if the plans are well prepared, bypass DEQ's review, which is authorized under their new statute. And unless you'd like greater detail, I'll end it there and entertain any questions. De Weerd: Okay. Council, any questions? Bird: Madam Mayor, I do have a couple of questions. And, again, Brad, I want to compliment you and your staff on these fees and I -- you know, I, as a taxpayer, as a user of these fees, appreciate it when you realize that maybe we had been overcharging and you don't need quite that much. But I got one question. You got equipment, backhoe or dump truck per hour 25 and that covers the truck and the driver? That's pretty reasonable. Watson: Madam Mayor, Councilmember Bird, that's pretty cheap. How do I phrase this? Bird: We can do the hauling at the new City Hall. Watson: That's a rather arbitrary figure that was developed a couple years ago jointly with the finance department and the water division. It's a pretty rare occurrence that that's ever even charged. Bird: I was going to say, do we -- have we ever used it? Meridian City Council April 11, 2006 Page 44 of 49 Watson: Yeah. Two or three times a year it is, actually, used. Bird: Is that right? Watson: Most of the time the problems come when a -- on new construction and an adjacent builder or the landscaper damages something. In most of the cases the builders are all in that general area and we can find who's responsible and it gets taken care of. Not all the time. Bird: As long as you're comfortable with it, I am. But that's awful cheap. Watson: We are not going to deplete the Enterprise Fund with this low fee by any means. It's -- Bird: I didn't think we would, but -- Watson: -- rarely used. Bird: We know what the Enterprise is going to do on some of the in-kind on the City Hall. De Weerd: Any other questions, Council? Rountree: I have none. De Weerd: Okay. On that note -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no one wishing to testify -- De Weerd: Is there anyone who would like to provide testimony on this application? Rountree: I move that we close the Public Hearing on Item 16. De Weerd: You're the only one here, so we will pick on you. Okay. Motion to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Okay. Madam Mayor, I would move that we approve the fee schedule as presented in Item 16 and instruct a resolution to that effect be brought back to the Council on our next regularly scheduled meeting April 18th. :] Meridian City Council Apri111,2006 Page 45 of 49 Borton: Second. De Weerd: Okay. We have a motion to approve the fees with the resolution to come back next week. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Ordinance No. 06-1223 AZ 06-001 Request for Annexation and Zoning of 4.99 acres from R2 to a R-4 zone for Buckeye Place Subdivision by John Fackelman -east of Black Cat Road and south of Cherry Lane: Item 18: Ordinance No. 06-1224 AZ 05-065 Request for Annexation and Zoning of 1.50 acres from RUT to C-G zone for Nesmith Annexation by Jonathan Seel - 2820 East Ustick Road: Item 15: Ordinance No. 06-1225 Amending Title 13, Chapter 2, Section 7 of the Meridian City Code to Allow the Parks Director Authority to Suspend the Closure Time of the City Parks: De Weerd: Okay. Items 17, 18, and 19 are ordinances number 06-1223, 06-1224, and 06-1225. Mr. Berg, will you, please, read these ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1223, an ordinance for annexation of property located in the northwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in the Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-2 to R-4 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance, providing for a waiver of the reading of the rules and providing for an effective date. Berg: Ordinance 06-1224, an ordinance for annexation of property located in the southeast quarter of the southeast quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to C-G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and Meridian City Council Apri111,2006 Page 46 of 49 providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing for an effective date. Berg: Ordinance 06-1225. An ordinance amending Title 13, Chapter 2, Section 7 of the Meridian City Code to allow the parks director authority to suspend the closure time of the city parks and providing for a summary and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Okay. You have heard the reading of these three ordinances. Is there anyone who would like to hear it read in its entirety? Hearing none, Council, I would entertain a motion. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we approve Ordinance 06-1223, 06-1224, and 06-1225 with suspension of rules. Rountree: Second. De Weerd: I do have a motion to approve the three ordinances. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Council, tomorrow night we do have our open meeting with -- in regards to the south Meridian, north Kuna area, and certainly you are welcome to attend. It's from 6:00 to 8:00 at Mary McPhearson Elementary School. Councilman Bird and I also toured the Ada County commissioners around last week and showed them some of the things that we are doing in mixed use, in our land use, and certainly they got a good view on what we are doing here in the City of Meridian. And we did get some very favorable comments back, so -- Bird: And, Madam Mayor, if I may touch upon that. I want to thank Anna and Brad and John, Chief Musser and Chief Anderson and all of Chief Anderson's deputy chiefs and Lieutenant Lavey for the wonderful presentation and along with the Mayor that was put on for the benefit of Mr. Armstrong and the three commissioners. I think we duly impressed them and we did a very nice job and want to thank you for representing the city like you did. De Weerd: Yes. Thank you. Meridian City Council April 11, 2006 Page 47 of 49 Canning: And Shelly really gets a lot of credit for hounding us and pulling all that information together. Bird: I wouldn't give her -- you wouldn't want to give her the credit. Her head will get too big. De Weerd: I do have one final act. I would like to offer a City of Meridian pin to the only remaining person in our ranks. We appreciate your tenacity in staying to the very end. Rountree: And that ought to be good for some extra credit. Bird: What school do you go to? Student: Meridian High. Bird: Are you a senior? Student: Yes. Bird: Good. De Weerd: Now, I do have a request by one of our Meridian High School senior students who did a project on public transportation and she would like to come and discussion her purpose and the survey she conducted and her project as well, to give a presentation to Council. Is that something of interest? We certainly can invite her to one of our less private meetings in relationship with a meeting that we have upcoming with VTR -- or VRT, Valley Regional Transit, instead. I would ask if that would be of interest to you? Bird: Madam Mayor, how long a presentation will this be? Is it a PowerPoint presentation? De Weerd: You let me -- it is a PowerPoint. If you would like it a certain length, I'm sure she can adapt it. Bird: No. I'd invite her to come. If it's on transportation, I'd like to do it when we have the public sitting here. And if she's went to the work to do it, I'm for setting it up on one of our Council meetings. De Weerd: Okay. We will try and get her scheduled before she graduates. So, Council, I would entertain a motion to adjourn. Rountree: Oh. No. De Weerd: Oh. • • Meridian City Council April 11, 2006 Page 48 of 49 Berg: Madam Mayor, I'm sorry. Just a reminder again that before April 30th I have to send a letter to the Ada County Clerk to tell him when we are going to have our Public Hearing on our budget. Otherwise, we will not be able to increase our budget request. So, look at the schedule that Stacy gave you and I will put a hard copy back in your box to see if those dates really are accommodating to you, so that next meeting we can say, yes, that's what we want to do. It isn't a formal motion that you have to do, but we need to have everybody there at that date, so I can send that letter. Thank you. De Weerd: Okay. Appreciate that, Will. Okay. Bird: Do we have to -- excuse me, Madam Mayor. De Weerd: Yes, Mr. Bird. Bird: Mr. Clerk, do we have to -- do we have to have that done -- doesn't it have to be done before September something or -- or that -- we just have to pass on it? Berg: Madam Mayor, our budget has to be approved and the L2 form sent to the county by September -- first week of September. I'm not sure what -- the first Thursday of the month or something. But we have to have that letter to the county clerk in before the end of this month to say that we are going to have a Public Hearing. And we'd just have to have a Public Hearing prior to that L-2 form being sent in. We have done some things in the past that have been just the same night, too. But we have a pretty good plan and so we just need to look at that schedule and make sure we can be there. Bird: Okay. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move to adjourn. Bird: Second. De Weerd: All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. All ayes. • Meridian City Council April 11, 2006 Page 49 of 49 MEETING ADJOURNED AT 9:22 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~~~ MAYOR TA E WEERD ATTESTED: WILLIAM G ,, DATE APP~p ` b ~~~~~ ~~'``°~,. 0 ,. \~ ~ ~'~~ ~ ~a \ ~~~ ~ a ~ W"" u . BERG J~ , CLERK .p sor ~ s ~4y~~ ~ ®d°"~9~~p~e~aa ra~aaaBZ~~~ • • April 7, 2t~6 MERIDIAN CITY COUNCIL MEETING April 11, 2006 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of March 21, 2006 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY WIGHWAY 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. April 7, 2006 MERIDIAN CITY COUNCIL MEETING Apri! 11, 2006 APPLICANT ITEM NO. 5-B REQUEST Water Main Easement Agreement for Courtyards at Mariott AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See atMched 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 Cffy of Meridian. ADA COUNTY RECORDER J. QAVID NAYARRO ASIOUNT .00 E • BOISE IDAHO OSJ~IOB ~1 PNI III IIIIIIIIIIIIIIIIIIIII~'IIIIIII~ III DEPUTY Naena Haneq I 1 I RECORDEQ-REQUEST OF 1~~~~1~1~5~ Meridian City WATER MAIN EASEMENT THIS INDENTURE, made this ~„~„ day of .~~ 20~o between El Dorado Hotel Parhiers LLC, and Kimball Properties Limited Partnership, the parties ofthe 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 pipet ine to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelnie 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 far 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, repay 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, ft'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 lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. ' Water Main Easement EASMT WTR MAIN Pam ..L__. _ • THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Manager STATE OF ~~ ss County of ) On this day of and for said State, personally appeared me to be the Manager, of the corporation that me that such corporation executed the sas~~ IN WITNESS WIgEREOF, I fist above written. . (SEAL) GRANTOR: 20_, foy~ir-e, the undersigned, a Notary Public ire known or identified to the within instrument, and acknowledged to set my hand and affixed my official seal the day and year ~ ~~ NOTARY PUBLIC FOR Residing at Commissiou Expires: Water Main Easement EASMT WTR MAIN +~ ip~ r.. r - `.~ 1 ~ • 1 I STATE OF CALIFORNIA ) I ~• • 1 COUNTY OF RIVERSIDE ) I 1 On Feb 28s' 2006 before me, Noreen M. Tripp-Hudson. Notary Public, personally appeared 1 I Wells .Marvin. proved to me on the basis of satisfactory evidence to be the person( whose namef~r} isla~e I subscribed to the within instrument and acknowledged to me that lief executed the same im'~~...,.r 1 authorized capacity~j, and that by hiir signature(s}on the instrument the person( or the entity upon 1 I behalf of which the persan(ra acted, executed the instrument. I 1 WITNESS my hand and official seal. 1 I NOREEN M. TRlPP-HUDSON ~ I 1 V connn~~ t~~ato5 I ''/ lG~c~ g ~~v~io coU~ 0 otary Public Si a COMM. IXP. MARCH 21, R0~ ~ 1 1 I I `1 OPTIONAL INFORMATION 1 The information below is not required by law. However, it could prevent fraudulent attachment of this I acknowledgement to an unauthorized document. I 1 1 CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 1 I 1rrDrvIDUAI, G~~9~.y~'d ~~~1' I 1 TITLE OR TYPE OF DOCUMENT 1 I CORPORATE OFFICER /~ t _,,.~ I I /17~/t/f~'g~~' ( NUMBER OF PAGES 1 I T tle(s) 9 ~ I 1 PARTN)rR(S) DATE OF DO UMENT 1 I ATTORNEY-IN-FACT I 1 OTHER 1 I TRUSTEE(S) I 1 GUARDIANlCONSERVATOR 1 I OTHER RIGHT THUMBPRINT OF SIGNER I 1 - r I I 1 1 I I 1 1 I SIGNER IS REPRESENTING: I NAME OF PERSON( OR EN?ffY(IES) 1 ~ ~~i /y~2 ~it/~~~~ ~ 1 I I 1 ~ I 1 I l~at:~ GRANTOR: Kimball Properties Limited Partnership By -- W ston H. Moo , ge ral p e State of Idaho ss. County of Ada ) On this ~~ day of 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston .Moore, known or identified to me to be a partner of Kimball Properties Limited Partnership, a partnership, and he duly acknowledged to me that he executed the within instrument on behalf of said partnership and that said partnership executed the same. `~~~Nlllllllllllj~ // t l- `~~d''YM J ~~~~~~ q~E L G1~1s~~~i~~ cam/ DS _ ~`~ 'E`~:••'••••••••:~~L ~'~ Notary Public for Idaho • ~'~ N~TAR • ~ y~ Residing at '~p 1SG , ~ ~OIA b ,. • Y Comm Expires _ 1 12 PUBLIC .~ Water Main Easement EASMT WATR MAIN Tammy de hest by William G. Approved By City Council On: STATE OF IDAHO, . ss. County of Ada ) Clerk ,``~Itllllllllill///1j' ~\~* 1.~ti '~" 1: Ilya i.N. ~, ~ ~~~ ~~ .: pyj'j.ul ti`.~vJ ~ G~~ ~.~ q n~ ' ~'~ /~ 1~ {~ 4` ~'r/'/'~r~nlr~ el 111~~~~'`'~``~ On this ~ ~ day of ct 2QC76 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. ~h~m~~~ {SEAL) Water Main Easement NOTARY PUBLIC FOR IDAHO Residing at:_ YYLe. l h a : ~~ ~~~ yl Commission Expires: Q-- S` ~~- EASMT WTR MAIN • 1450 EascWSterww+9r.$c~ : ~5uite ISO Meridian, Idaho 83642 Phone {208):846.8570 Fri {a08j; 88+F-5399 Project No. 05-202 DESCRIPTION FOR UTILITY EASEMENT MERIDIAN MARRIOTT March fi, 2006 A utility easement located in Lots 1, 2, 8 and 8, in Block 5 of Bonito Subdivision as filed in Book B6 of Plats at Pages 9783, 9784, 9785, 9786, 9787 and 9788, Amended by an Affidavit recorder October 7, 2003 as Instrument No. 103170815, official records of Ada County, Idaho, being more particularly described as follows: Commencing at the SW comer of said Lot 2; Thence along th® South boundary line of said Lot 2 South 73°24'00" East, 20.35 feet to the REAL POINT OF BEGINNING of said eas®m®nt; thence leaving said South boundary Ilse North 1 fi°39'54" East, 5.66 feet; thence North 00°00`00 East, 354.30 feet; thence North 21°42'45" East, 83.05 feet; th®nce North 00°00'00" East, 3.0fi feet; thence South 90°OQ'00" .East, 18.77 fe®t; thence South 02°45'25"West, 11.38 fe®t; th®nce South 21°42'45" West, 78.24 feet; thence South 00°00'00° West, 260.19 feet; thence South 90°00'00" East, 32.74 feet; thence South 00°00'00" W+sst, 29.65 feet; thence North 90°00'00° West, 32.74 f®et; thence South 00°00'00° West, 63.5fi feet; thence South 16°39'54" West, 8.57 feet to a point on the South boundary line of said Lot 2; . S:USG ProJeats~El00RAb0 ALTA TOPO (05.202)1Dooumen~5utllity eas®dasc.doc thence aiong sa~outh boundary line North 73°Z4'O~est, 20.00 feet to the REAL Pl71NT 4F BEt31NNIN©, containing 9,0~~ square feet, more or less. Prepared by: Idaho Survev Gro 772 4~E 01' MCP 'dY ~. G4 P.C. Gregory G. Carter, P.L.S. S:US(3 ProJecta\EI_DORADO ALTA TOPO (05.202)U~OCUmentslutllity ~ desadoc ~,~~~. N N Oo"00'00" W 3.06' 18.77' - - ~~.~~."'~ 25.76 . - - - 228.89' ~ ~~ 0245'25' W 11.38' ~~ J N 90'00'00" W war 1 ~~~ S 00'00'00" W ~ 51.85' ~ij~~ 60.32 1 ~/ ~j ro I a, /•`v~ 2/T~ /~ y r 1 10 so 0 30 120 SCA• ~- ~" ° ~0' 1 1 ~ I I I I I I j 1 1 1 1 1 I I I I 20' EASEbIENT I I I I I I I I I I I I. Im I I I i~ ~ ~I I j nl j 1 ~ 3s 1 I '6 ~l rrf i ~i I p~I C?) ~I g, LEGEND ~1 O FOUND 8/8' IR~I PIN ® FOUND 8/e" IRON PIN 1 I FOUND BRA95 CAP MONUlIENT - - ~ PROPERT1f 80UNDARY LINE ---------- EA~It LINE 1 IAT LprE 1 I N 1639'84'1 s.ss• 1 N 73'24'00` W 20.00' -~ S 73'24'00" E' 89.09' a rrol,ws~to~uGO uT• 7~0 tm-:n1W.a~cno®ra.a a/7e/maE &am~r ar ugr ~~~`~`::'.:~:° IDAHO 145gEWATERTOWERE :':~ .. SURVEY~.~ ~~ GROUP, P.C.I~'~ I I wl I $I PI $I zl I I I 1 I 1 I I I 1 1 ~I 1 ~l th m M I ~ 1 ~ ~t r I ~ O ~~ac~r s Z 1 N BO'00'OD' E 1 _ ~274' w - O '~ ~ I I i~ ~ 1 ~ ---~`-a y ' " S 89'58'10" W ~ 7 OD' N 80'00 00 W . 1 rn 32.74' I w LJ $ I¢ o N N 18'38'64" E S 45'14'48" W I $ ' ' ' "l B.SY , Z~, Z$ ~~~ Z ~ Cf ~~ ° - '---tom- - S 89'45'15° E 87.03' EXHIBIT DRAWING FOR THE JOp N0. EL DORADQ HOTEL PARTNERS 05--202 CITY OF MERIDIAN SHEET No. 1 dF 1 1 ~ z & q 11 OF LOT s, aLOCIC s, BONITO SUBi)IVISION, DWG. DATE LOCATED IN THE NE Y OF THE NE Y4 OF SECTION 20, T.3N., R.1E, B.M., A~ERIDIAN. ADA COUNTY. IDAHO Q2.2$.06 C~ City. of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 3/30/2006 Re: Proposed Agenda Items for 4/4/06 City Council Meeting ~_"<Y~' LIAR ~ ~ 2~~1~ Cit~r Cif ~ePidia~ ~''it~ Clerk ~Jffi~~, The Public Works Department respectfully requests that the following items be placed on the 4/4/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Courtyards ~, Marriott. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Courtyards @ Marriott and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 C~ WATER MAIN EASEMENT i THIS INDENTURE, made this ,~ day of~ 20~between El Dorado Hotel Partners LLC, and Kimball Properties Limited Partnership, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe 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 ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- 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 ofthe Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area ofthe 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 ofthe right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR MAIN • 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 ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~J~t_ rw,,,.----- Manager . STATE OF ~ ss County of ) On this day of and for said State, personally appeared me to be the Manager, of the corporation that me that such corporation executed the sa~ 20_, befo e, the undersigned, a Notary Public in known or identified to the within instrument, and acknowledged to IN WITNESS WHEREOF, I hav ereunto set my hand and affixed my official seal the day and year fist above written. '' ,~..~ ?~ G~~R~~ (SEAL) ( NOTARY PUBLIC FOR Residing at Commission Expires: GRANTOR: Water Main Easement EASMT WTR MAIN 1 1 STATE OF CALIFORNIA . ) I ss. i COUNTY OF RIVERSIDE ) i 1 On February 28`~ 2006 before me, Noreen M. Tripp-Hudson, Notat,~, personally appeared 1 I Wells L. Marvin, proved to me on the basis of satisfactory evidence to be the person(. whose name(} is/are ' subscribed to the within instrument and acknowledged to me that he/ executed the same in hi~r 1 authorized capacity, and that by his/ir signature(s}on the instrument the person(-S~ or the entity upon 1 I behalf of which the person(s) acted, executed the instrument. I 1 WTTNESS my hand and official seal. 1 I NORff~(M. TRIPP-HUDSON I 1 ~_ V COMIvL # 7478105 ~ 1 /i~~ g NoRiv~s~o ou'~Orvr~r~~0 1 otary Public Si a COMM. IXP. MARCH 21, 2008 -+ 1 I I 1 OPTIONAL INFORMATION 1 i The information below is not required by law. However, it could prevent fraudulent attachment of this I acknowledgement to an unauthorized document. I I 1 CAPACITY CLAIlVII;D BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 1 nvDlviDUAL _~i,~~-lfl7~ ~cl~t1~1~ I TITLE OR TYPE OF DOCUMENT 1 I CORPORATE OFFICER ~~ J ~i ~ 1 `IrU~g~ NUMBER OF PAGES 1 I T tle(s) 9 6 1 PARTNER(S) DATE OF DO NT 1 I ATTORNEY-IN-FACT ` I 1 OTHER 1 I TRUSTEE(S) 1 GUARDIAN/CONSERVATOR 1 I _ OTHER: RIGHT TfIUMBPRINT OF SIGNER I 1 1 I .. I 1 1 I I 1 1 I SIGNER IS REPRESENTING: I Nt1ME OF PERSON(S) OR EN1TTY(IFS) 1 ~ ~~Y~ /y~ pA/~s' ~ ~ 1 ~ ~ 1 1 ~ ~ 1 1 ~ ~ GRANTOR: Kimball Properties Limited Partnership By - Wmston H. Moo , ge ral p e State of Idaho ) ss. County of Ada. ) On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston H. Moore, known or identified to me to be a partner of Kimball Properties Limited Partnership, a partnership, and he duly acknowledged to me that he executed the within instrument on behalf of said partnership and that said partnership executed the same. ~~~''~~~1E L G%@ ~~~~~~i ~• alt . ~Sr1M~ ~'P,•.•••••••sO,l,~i~~ Notary Public for Idaho ~~ 11OTAR~, • : Residing at Fa0 lS~ , ~ C~Q(A h • Comm Expires U 1 - l 3 - ?.~ t2 ~.• ~at~ •: PUBLIC _ Water Main Easement EASMT WATR MAIN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, . ss. County of Ada On this day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR MAIN t45d EascVVatersower St ; ~5uite t SO . ~Mericltan, Ida}~a 83642 Phone (2013):$4b-8570 F~c {2Q8}:8845399 Project No. 05-202 DESCRIPTION FOR UTILITY EASEMENT MERIDIAN MARRIOTT March 6, 2006 A utility easement located in Lots 1, 2, 8 and 9, in Block 5 of Bonito Subdivision as filed in Book 86 of Plats at Pages 9783, 9784, 9785, 9786, 9787 and 9788, Amended by an Affidavit recorded October 7, 2003 as Instrument No. 103170815, official records of Ada County, Idaho, being more particularly described as follows: Commencing at the SW comer of said Lot 2; Thence along the South boundary Line of said Lot 2 South 73°24'00" East, 20.35 feet to the REAL P01NT OF BEGINNING of said easemen#; thence leaving said South boundary fine North 16°39'54" East, 5.6G feet; thence North 00°00`00 East, 354.30 feet; thence North 21°42'45" East, 83.05 feet; thence North 00°00'00" East, 3.06 feet; thence South 90°00'00" East, 18.77 feet; thence South 02°45'25" West, 11.38 feet; thence South 21°42'45" West, 78.24 feet; thence South 00°00'00" West, 260.19 feet; thence South 90°00'00" East, 32.74 feet; thence South 00°00'00" West, 29.65 feet; thence North 90°00'00" West, 32.74 feet; thence South 00°00'00" West, 63.56 feet; thence South 16°39'54" West, 8.57 feet to a point on the South boundary line of said Lot 2; S:USG Projects\ELDORADO ALTA TYPO (05-202}\Documents\u6lity ease desc.doc C thence along said South boundary line North 73°24'00" West, 20.00 #eet to the REAL POINT OF BEGINNING, containing 9,937 square #eet, more or less. Prepared by: Idaho Survey Group, P.C. 77~~ 131~f °~ ~ 4r~ ~~ ~pP ~~~ ~~ G~ Gregory G. Carter, P.L.S. S:11SG ProjectslELDORADO ALTA TOPO (05-202}1Documantslutillty ease desc.doc 10 60 0 30 120 N 00'00'00" W 3.Q6' N 90'00'00" W 51.85' _ _ _ N soroo'oa" w z45.7s' _ _ _ _ 18.77' 226.99' ~ ~ S 02'45'25° W 11.38' o'OI /, M/ w/ I ~ ~" s 00.00'00" w ,~~-~ 60.32 r ip ~ 7 P / h ~ y I 1 I I I ! I SCALE: 1" = 60' L E G E N D I II i 01 O -~i----~-+ 20' EASEMENT I I I I I I ~ I 1 I 1 I 1 I I I. I ~m N I ~I I nl °0I rl i7 31 ~I 0 of 0 0 0 ~I wl I oI OI O~ O~ zl 13 I to ~I o FOUND 5/8' IRON PM I OO FOUND 5/B' IRON PIN I 1 Q FOUND BRASS CAP MONUMENT - I PROPERTI' BOUNDARY LINE -------- - EASEMENT LINE I LDT LINE ~ N 16'39'54"I E 5.88' I \ 20.35' N 7324'00° W 20.00' S 73'24b0" E' 68.09' s~sc r..pe~Wrwrma w.Ta mro (w-m:)\~.a\ooamra.y z/as/snoe ssms, ru usr =`o_;:~.:`r. IDAHO S450E.WATERTOwERSr, ~: _ :SURVEY t~Rlp;q~I, lOAHO 83842 (ZOB)846-8570 _ ,,, GROUP, P.C. ~I 16'39'54" E ~ I ~ 8.57 28.28 0 ~' oZ ~-,.. Cj - ---+~--- -- " S 89'45'15" E 87.03' EXHIBIT DRAWING FOR THE EL DORADO HOTEL PARTNERS CITY OF MERIDIAN IN THE NE Y OF THE NE Ya OF SECTION 2D, R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO JOB NO. 05-202 SHEET N0. 1 OF 1 DWG. DATE 02.28.06 I ~I ~I N I :_ I U) M O 1 W I o r 0 A ~ 0 N BLOCK 5 z , I 1 ~I ~I N 90'00'00' E I .- 3274' w O I o. lom IpN --~-~ N S 89'56'10" W ~ o N 90'00'00" W 7.00' I oNi ~ 32.74' ' o I ~ ILv ~ ~ ~ I ih ' S 45'14'48° W • • April 7, 2006 AZ 06-001 MERIDIAN CITY COUNCIL MEETING April 1 1, 200b APPLICANT John Fackelman ITEM NO. S-C REQUEST Development Agreement -Request for Annexation and Zoning of 4.99 acres from R2 to R-4 zones for Buckeye Place Subdivision -east of Black Cat Road and south of Chernr Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: ~ aIi n {R ~ihi'Lt~~ Materials COMMENTS See aFtached Development Agreement U"I' ~ e date: ~D ®[~ Phone: ~ ~ ~®~ ~l ~ 4~ lr(,,~Sta~ff Initials: public meetings shalt become properly of the City of Meridian. • AQA COUNTY RECORDER J. ~ NAVARRO AMOUNT .00 3l BOISE IQAHO 04/20/06 02:31 DEPUTY Neava Haney III I'II'll'll'IIIIIII'lll'I'I'llll'II RECORQEQ-REQUEST OF Meridian City i E1666Ei~~7 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. John Fackelman, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and John Fackelman, whose address is 1291 N. Saw Creek Way, Meridian, Idaho 83642 hereinafter called "OWNER/DEVELOPER". 1 • RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-4) Low Density Residential, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 06-001) BUCKEYE PLACE SUBDIVISION PAGE 1 OF 11 ~ ~ 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 21 S` day of March, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Properly" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 06-001) BUCKEYE PLACE SUBDIVISION PAGE 2 OF 11 C~ 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to John Fackelman, whose address is 1291 N. Saw Creek Way, Meridian, ID 83642 the party developing said "Properly" and shall include any subsequent owners and/or developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-4 (Low Density Residential) attached hereto and by this reference incorporated herein as if set forth at length. 4• USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C) which are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the R-Ozone, and the pertinentprovisions of the City of Meridian Comprehensive Plan are applicable to this AZ 06-OOI application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated November 30, 2005, and shall be required to obtain the "City"' approval thereof, in accordance to the City's DEVELOPMENT AGREEMENT (AZ 06-0O1) BUCKEYE PLACE SUBDIVISION PAGE 3 OF 11 ~ ~ Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6• CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: That 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. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 3. That the applicant will be responsible for all costs associated with sewer and water service extension. 4. 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. 5. That prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 6. Lot 9, Block 1 shall be donated to the Meridian Parks Department DEVELOPMENT AGREEMENT (AZ 06-001) BUCKEYE PLACE SUBDMSION PAGE 4 OF 11 7. The Developer/Owner shall construct the off-site connection to the multi-use path along Ten Mile Creek prior to issuance of any Certificate of Occupancy for the subdivision. 7• COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owners/Developers"heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. ~• CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9• INSPECTION: "Owner/Developer"shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement maybe modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. DEVELOPMENT AGREEMENT (AZ 06-001) BUCKEYE PLACE SUBDIVISION PAGE 5 OF 11 • 10.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without DEVELOPMENT AGREEMENT (AZ 06-001) BUCKEYE PLACE SUBDIVISION PAGE 6 OF 11 • limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue OWNER/DEVELOPER: John Fackelman 1291 N. Saw Creek Way Meridian, ID 83642 DEVELOPMENT AGREEMENT (AZ 06-001) BUCKEYE PLACE SUBDIVISION PAGE 7 OF 11 Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIlVIE I5 OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Properly". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, DEVELOPMENT AGREEMENT (AZ 06-001) BUCKEYE PLACE SUBDIVISION PAGE 8 OF 11 conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23 • EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effecfive on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPMENT AGREEMENT (AZ 06-001) BUCKEYE PLACE SUBDIVISION PAGE 9 OF 11 CITY OF MERIDIAN DEVELOPMENT AGREEMENT (AZ 06-001) BUCKEYE PLACE SUBDIVISION PAGE 10 OF 11 • STATE OF IDAHO, ) County of Ada, ss: On this ~ day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared John Fackelman, known or identified to me to be the person who signed the instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~ t,~~ARP ..... ~'UBL~~' . ~P~ ~~ ~ o~ 1oi STATE OF IDAHO ) ss County of Ada ) otary Public or Idaho Residing at: /SrC My Commission Expires: ZS Za/O On this~~ day of ~r~ I , 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written _'~ (SEAL) ~ i~,~ ~®TA~~~A~,~ Notary Public for Idaho • ~~ ® ~ ~ Residing at: ~~, j,~, ~ Commission expires: _I~-L (-1 `, • as i +_ Y'~~ ~o l~ 0 (AZ 06-001) BUCKEYE PLACE SUBDIVISION PAGE 11 OF 11 • • Legal Description ~'~ ~~ ~~ # '~c ° DESCRIPTION FOR PROPOSED BUCKEYE PLACE SUBDMSION November 30 2005 A PARCEL OF LAND BEING A PORTION OF THE NOR SECTION 10, TOWNSHIP 3 NORTH, VEST 1/4 OF MERIDIAN. ADA COUNTY, IDAHO. MORE PAERTICUELARLY DESCR BEQ A3 Fouows: COMMENCING AT THE NORTHWEST CORNER OF SECTION 10 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO; THENCE S 8g°40'23' E 1322,58 FEET ALONG THE NORTH SECTION LINE TO THE NOR'{ 1/16 CORNER, THENCE CONTINUING S 89°40'23" E 1.11 FEET TO A POINT; THENCE S 00°01'16' W 44,83 FEET 70 THE NORTHWEST CORNER OF PINTAIL POINTE SUBDIVISION AND THE NORTHEAST CORNER OF BLACKSTONE SUBDIVISION; THENCE ALONG THE COMMON BOUNDARIES OF SAIb SUBDMSIONS S 00°01'16` W 621.09 FEET TO TFIE SOUTHWEST CORNER OF SAID PINTAIL POINTS SUBDIVISION; THE ~Eqi., pO1N'1' pF`B~E~N~"OF ,I,HIS SUBDIVISION. THENCE ALONG THE SOUTH BOUNDARY OF PINTAIL POINTS SUBDIVISIONS 89 40'23" E 332.75 FEET TO A POINT; THENCE S 00°39'41' W 8,~ FEET TO THE NORTHWEST CORNER OF ROD'S PARKSIDE CREEK SUBDNISION; THENCE ALONG WEST 80UNDARY OF SAID ROD'S PARKSIDE CREEK SUBDIVISIONS 00°14'12' W 649.70 FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE N 89°27'48" W 330.23 FEET TO A POINT; THENCE N 00°01'18' E 8,60 pE~ ALONG A PORTION OF SAIp BLACKSTONE SUBDIVISION TO THE REAL Pbr of Ers~~s.-___ SUBDIVISION; - ` OF THIS SAIp SUBDIVISION CONTAINS 4.99 ACRES, MORE OR LESS. WAYNE K. BARBER, yf_I~4.AP~.~ P.L.S. B44q xh,b- ~ ' ' clTy of MERmrAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ DECEIVED MAR 1 B 200g City of Meridian -tY rk Dffiice A C ITl .lP ~~. C~rr~l~~ - ~~ ~~:. d ~~ 4~tr `^~. ~: In the Matter of Annexation and Zoning (AZ) from RUT to R-4 and Preliminary Plat (P'P) approval of 16 building lots and 1 common other lot on 4.99 acres, by John Fackelman. Case No(s).: AZ-06-001, PP-06-01, and VAR-06-001 For the City Council Hearing Date of: March 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Cade (see attached Staff Report for the hearing date of March 21, 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. 02-3$2 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 1 l-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian plaw>xng jurisdiction. CITY pF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-001 / PP-06-001 /VAR-06-001 - PAGE I of 4 5. It is found public facilities and services required by the proposed development Will not impose expiense 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 applica>I~t, the Planning Department, the Public Works Departx~a,ent and any affected party requesting notice. 7. That this a roval is subject to the Legal Description, Preliminary plat, anal the Conditions~c f Approval all vn the attached Staff Report for the hearing date of March Z 1 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shill meet such requirements as a condition of approval of the application. C. Decision and Omer Pursuant to the IGity Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: ~i 1. The applic~int's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated November 30, 2005 is hereby conditionally approved; 2. The site sp 'fic and standard conditions of approval are as shown in the attached Staff Report for a hearing date of March 21, 2006 incorporated by reference; 3. The applict~nt's Variance Request for cul-de-sac length to exceed the maximum of 450 feet is hereby approved. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or sho plat shall become null and void if the applicant fails to record a final plat within two ~12) 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 pre plat is made in successive phases in an orderly and reasonable manner, and confmor~s substantially to the approved preliminaryplat, such segments, if submitted 'thin successive intervals of eighteen (18) months, maybe considered for final approv without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Dir for may authorize a single extension of time to record the final plat not to exceed eigh een (18) months. Additional time extensions up to eighteen (18) months as determined d approved by the City Council maybe granted, With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FIND~NGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-Ob-001 / plp-O6-001/ VAR-06-001 -PAGE 2 of A • E. final pla 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 tune extensio the property shall be required to go through the platting procedure again. Notice of F' al Action and Right to Regulatory Takings Analysis 1. The App 'cant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditi nal use permit entitles the Owner to request a regulatory taking analysis. Such req est must be in writing, and must be filed with the City Clerk not more than twenty-ei t (28) days after the final decision concerning the matter at issue. A request for a re story takings analysis will toll the time period within which a Petition for Judicial view maybe filed. 2. Please a notlce that this is a final, action of the governing body of the City of Meridian, ursuant 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 conditi nal use permit approval may within twenty-eight (28) days after the date of this decisi nand order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F- Attached: S Report for the hearing date of March 21, 2006 CITY OF MERIDIAN FIND OS OF FACT, CONCLUSIONS Off' LAW AND DECiS10N & ORDER CASE NO(S), AZ_06-001 / P -06-041/ VAR-06-401 -PAGE 3 of 4 • By action of the C COUNCIL COUNCIL COUNCIL COUNCII, TIE BREAF MAYOR T~ ATTEST: LL4M G. BERG Copy served upon: 's CITY OF MERIDIAN FIIVDI CASE NO(S), AZ-06-001 / PI ty Council at its regular meeting held on the 2~ ~~ 2006. day of .SHAUN WARDLE JOE BORTON CHARLIE ROUNT'REE KEITH BIltD de WEERD VOTED~~~~~ VOTED_ i J~.P.~i VOTED_~ C%~~ VOTED__Z~~~---- VOTED `~~' G `~G~r~ }~~'~J ~'' de WEERD r,: .~ ''. Q `~ T S W"f . `4 ~~. '% r9 ~'Y QP .,, Applicant /~~'lrrrrs rc u~r+~\+++`~,``~ Planning Department /~ Public Works Department City Attorney Dated: -~f-Q(~ OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 101 / VAR-06-001 -PAGE 4 of 4 CITY O)+ MERIDIA STAFF' REPORT TO: FROM: SUBJECT: PLANNJNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH Z 1, 2006 P & Z Commission Hearing Hearing Date: 2/16/2006 Planning & Zoning Commission Josh Wilson .Associate City Planner 884-5533 a t7'YY ~tIP ~' ~~ ~ !l.?.4fid ~i 1 ~ yy"y ~~`~ Buckeye Place Subdivision • AZ-06-001 Annexation and Zoning of 4.99 acres from R2 (Ada County) to R-4 zone PP-06-0Ol Preliminary plat of 16single-family building lots and 1 common lot on 4.99 acres in a proposed R-4 zone 1, SUIVIIIZARY • VAR-06-0O1 Variance request to exceed the maximum cul-de-sac lengtb~ of 450 feet OF APPLICANT'S REQUEST The applicant, John F ckelman, has applied for Annexation and Zonin County) to R-4 (M um Low Density Residential) and Pr g (~ of 4.99 acres from R2 (Ada residential lots and 1 ommon lot on 4.99 acres. The applicantl ~ Pequ~~ ~ ~~~~ ~~~~m UIaC 11-6C-3 for cul -sac length to exceed 450 feet, for the proposed Manship place cul-de-sac, which is approximately 600 t long. The site is located east of Black Cat Road and south of Cherry Lane. This site currently is Curren y vacant and has not been previously platted. 2. SUMMARY RE OMMENDATION: The Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public hearing they moved to recommend approval. a• a ary of Public Hearing: i. In favor: Kevin Harris Briggs Engineering ii. In opposition: Mark Glines ui. Commenting: None. iv. Staff presenting application: Josh Wilson. v. Other staff commenting on application: Mike Cole. b. Key Is nes of Discussion by Commission: i. None. G Key C mmission Changes to Staff Recommendation: i. None. d. Ontsta cling Issae(s) for City Council: i. None. 3. PROPQSED MOTI NS Approve After considering all s ,applicant and public testimony, I move to approve File Numbers AZ-06-001, PP-06-001, and VAR 0 -0Ol as presented in the staff report for the hearing date of March 21, 2006, and Buckeye Place Subdivision A~_06-001, PP-06-001, VAR 06-OOl PAGE 1 ~ i CITY OF MERIpIAl'~1 pI,ANNING D1:pp~RTM~ STAFF ItEpORT FOR THE HEq.R1NG DATE OF MARCH 21, 2006 the preliminary plat labeled PRE, dated November 30, 2005 with the following modifications to the conditions of appro al: (add any proposed modifications). Denial After considering staff, applicant and public testimony, I move to deny File Numbers AZ-06-001, PP- 06-001, and VAR-0 -001 as presented in the staffreport for the hearing date of March 21, 2006, and the preliminary plat la led PRE, dated November 30, 2005 for the following reasons: (you must state specific reason(s) fo the denial.) Continue ( Applications) I move to continue a public hearing for File Numbers AZ-06-001, PP-06-001, and VAR-06-0O1 to (date certain). 4. APPLICATIOAT PRQPERTY FACTS a. Site Ad s/Location: East f N. Black Cat Road and south of W. Cherry Lana Secti n 10, T3N Rl W b. Owners: Jo Fackehnan 12 1 N. Saw Creek Way M 'dian, ID 83642 c. Applicant• Jo Fackelman 12 1 N. Saw Creek Way M 'dian, ID 83642 d. Represents 've: Kevin Harris, Briggs Engineering e. Present g: R2 (Ada County) f. Present Co prehensive Plan Designation: Medium Density Residential g. Descriptio of Applicant's Request: 1. Da a of Preliminary plat (attached as Exhibit Al): November 30, 2005 2. Dat of Landscape Plan (attached as Exhibit A2): December 21, 2005 S. PRQCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as deternuned by City Or ' ce. By reason of the provisions of the Meridian City Code Title 11 Chapter S, a public h g 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. y reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is r aired before the City Council on this matter. c. The subject pplication will in fact constitute a variance as determined by City Ordinance. By reason of th provisions of the Meridian City Code Title 11, Chapter 5, a public hearing is required bef a the City Council on this matter. Buckeye Place Subdivision ADZ-06-OOI, Pp-06-001, VAR-06-001 I PAGE 2 • CITY OF MERiDl PLANNING. DEPARTIVIJrNT STAFF REPORT FOR THE HEARING DATE OF MARCH 2I, 2006 b. Newspa er notifications published on: February 27 and March 13, 2006 c. Radius n tires mailed to properties within 300 feet on: February 24, 2006 d. Appli posted notice on site by: February 11, 2005 6. LA]VD USE a. Existing d Use(s): Vacant agricultural land b. Descripti n of Character of Surrounding Area: Single family residential c. Adjacerrt and Use and Zoning 1. orth: Existing residences in pintail Pointe Subdivision, zoned R-4, 2. st: Existing residences in Rod's Parkside Creek Subdivisionz, zoned R-4. 3. S uth: Fuller Park, Ten Mile Creek, and existing residences in Casflebrook S bdivision, zoned R-4. 4. est: Existing residences in Coral Creek Subdivision, zoned R-4. d. History o Previous Actions: None. e. Existing nstraints and Opporhmities: 1. Pu lic Works Location of sewer: This property will sewer to a future sewer trunk to the south that is being installed as a City of Meridian project, public Works expects to begin construction by the beginning of March. Location of water. There is water stubbed in N, Manship place. Issues or concerns; There exists the possibility that sewer will not be available this spring and will .have to be delayed until fall of 2006. 2. Ve etation: None. 3. Fl od plaua: 100 year floodplain on Lot 9, Block 1 4. C s/Ditches/ItTigation: Ten Mile Creek is located on the south and west ba daries of the property. 5. H ds: None. 6. Pro osed Zoning: R-4 7. Siz of Property: 4.99 acres f. Subdivision lat Information 1. Res dential Lots: 16 2. No residential Lots: 1 3. To Building Lots: 16 4. Co on Lots: l 5. tJtk Lots: N/A 6. To Lots: 17 Buckeye Place Subdivisiott 06-001, PP-06-U01, VAR-06-001 PAGE 3 • c1TY or 9. i g. Landscai 1, t 1 2. ~ 3. F 4. C a sl h. Proposed PLAkV1NING DEPARTMENT STAFF REPORT FOR THE HEARING PATE OF MARCH 21, 2006 7. en Lots: 1 8. esidential Area; 4.99 acres Density: 3.21 units per acre (3.72 net density) of street buffer(s): None required. Street buffers are not required on any , lOCal Streets. of buffer(s) between land uses: N/A tage of site as open space:.25 acres/5.00% r landscaping standards: Landscaping adjacent to micro-paths should comply UDC 11-3B-12. Common open space lots should include at least one deciduous txee per 8,000 square feet (UDC 11-3G-3E2). Required Non-Residential Setbacks: per the 12,-4 zone for detached single family R-4 Standard (Lx~g ~'~) 1S feet (age) ZO feet 5 feet 15 feet Building Height 35 feet Lot Size 8,000 square feet Street Frontage 60 feet i. Summary o Proposed Streets and/or Access (private, public, common drive, etc.): The access to the devel pment will be from a proposed extension to N. Manship place. Please see ACHD report ford ' s. 7. coDIlVIENTS lvo Chi ranuary 27, 2006 fanning Staff held an agency comments meeting. The agencies and departcpents present include: Merl 'an Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staffhas included all comments and recommended acti ns as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is desi ted "Medium Density Residential" on the Comprehensive Plan Future Laud Use Map. Medium density esidential areas are anticipated to contain from three to eight dwellings per acre (see Page 95 of the C prehensive Plan.) The proposed Preliminary plat includes 16 single-family lots on 4.99 acres for a gro density of 3.21 dwelling units/acre. Staff finds that the following Comprehensive Plan policies apply to 's application: • Chapter Goal III, Objective A, Action 1 -Require that development projects have planned for a provision of all public services. When the City stabdished its Area of City Impact, it planned to provide Cfty services to the subject propes-ty The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner Buckeye Place Subdivision A~-06-0O1, PP-06-00), VAR-06-001 PAGE 4 • CITY OF IvIER)DIA~(pL~NG DEPARTMENT SfiAF.F R];pORT FOR THE HEAIt[iVG DgTE Cjg 1~gRCH 21, 2006 • Sa itary sewer and water service will be extended to the project at the developer's ex ease. • Th subject lands currently die within the jurisdiction of the Meridian Rural Fire District. On a annexed the lands will be under the jurisdiction of the Meridian City Fire De artment, who currently shares resource and personnel with the Meridian Rural Fire De artment • Th subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. On a annexed the lands wild be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service wild 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 wild not change and the Meridian Library District should suffer no revenue loss as a res t of the subject annexation. Municipal, -supported, services will be provided by the Meridian Building Department, the Meridian Pu dic Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Co parry. • Chapter ,Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestri Travel: A Recommended Approach" from the National Center for Bicycling and Walking all land-use decisions. This publica 'on encourages jurisdictions to establish bikeway and walkway facilities in new construction nd reconstruction projects, in a manner that as safe, accessible and corrvenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter Goal II, Objective A, Action 5 -Require pe~clestrian access connectors in all new developm nt to link subdivisions together to promote neighborhood connectivity as part of a communi pathway system Staff is suppo ' e of the proposed pedestrian connection to the adjacent public park • Chapter Goal IV, Objective C, Action 1 -Protect existing residential properties from incompati le land use development on adjacent parcels. The applicant s proposing a residential zone. Staff finds that the existing residential properties to the south, Wort ,east and west are compatible with the proposed development. • Chapter ,Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, m 'um-, and high-density single family, multi-family, townhouses, duplexes, apartments condominiums, etc,) for the propose of providing the City with a range of affordable ousing opportunities. The subject designation generally cc ion includes a request for the R-4 zone. Staff finds that the requested zoning utes to the variety of residential zoning categories in this area and is with the Comprehensive Plan designation for this site. Buckeye Place Subdivision A~Z-06-001, PP-06-001, VAR-p6-001 I PAGE S • CITY OF MERIDI~ pL,q,N~C, DEPARTMENT STAFF REPORT FOR THE HEARING, DATE OF MARCH Z 1, 2006 ~. ZONING a• ~~g~chedule of Use Control: UDC 11-2A-21ists single-family developments as a Putt Use. b. Purpose tatement of Zone: The purpose of the residential districts is to provide for a range of housing lspartunities consistent with the Meridian Comprehensive Plan, Connection to the City of eridian water and sewer systems is a requirement for all residential districts. Resi al districts are distinguished by the allowable density of dwelling units per acre and correspo ding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis ~f Facts Leading to StaffRecomrnendation "'•'•r` 1 viv Alv,ali, ~~: Based an, the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that flora is a good location for the proposed single_family development and a good infill project. PI a see Exhibit D for detailed analysis of facts and findings. The annexati n legal description submitted with the application (prepared on November 30, 2005 by Wayne B ber, PLS) slows the property as contiguous to the existing corporate boundary of the City of M 'dian. That the appl cant will be responsible for all costs associated with the sewer and water service extension. existing domestic wells and/or septic systems within this project will have to be removed fr their domestic service, per City Ordinance Section 5-7-517, when cervices are available fro the City of Meridian. Wells may be used for non-domestic purposes such as landscape im ation. That all furor development of the subject property shall be constructed in accordance with City of Meridian o dinances in effect at the time of development. All future uses shall not involve uses, activitie , 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, not ,smoke, fumes, glare or odors. 1 • Multi- Pathw Conne 'on: The applicant has proposed to continue the pedestrian Pathw on Lot 11, Block 1 to connect to the public mold-use pathway located along Ten ile Creek. A requirement to construct this pathway shall be included in the Develo went Agreement. Z. Lo 9 lock 1: Lot 9, Block 1 is a common open space lot which is to be donated to the M ridian Parks Department. Although this lot is only 225f square feet, it will facilitat the efficient routing of the multi-use pathway located along Ten Mile Creek. The ap licant's offer to donate this parcel to the Meridian parks Department shall be include in the Development Agreement. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the Ci II of Meridian, property oyvner (at the time of annexation ordinance adoption), and the developer. e a li contact a Att rn Bill N at 888-4433 to initi to this roc 1 m of Ci Counc' a oval the annexat' on r .The DA shall incorporate the A°~llowing: • All future ~Ses shall not involve uses, activities, processes, materials, ~wipment and Buckeye Place Subdivision A,~-0(x001, PP-06-001, VAR-06_001 PAGE 6 CITY OF N[ERID PT,ANNING DEPARTMENT STAFF REPORT FOR THE H>rARIN(, DATE OF MARCH 21, 2006 conditi ns of operation that will be detrimental to any persons welfar by reason of excessive production of traffic noise smoke ;~~ g~ or the general • All fu e development of the subject ' aze or odors. J property shall be constructed in accordance with City of M lion ordinances in effect at the moue of development. • The ap licant will be responsible for all costs associated with the sewer and water service extensi n. • ~Y a sting domestic wells and/or septic systems within this project will ,have to be removed from th ' domestic service, pet City, Ordinance Section 5-7-517, when services are available from th City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigatio . • Prior t issuance of any building Permit, the subject property shall be subdivided in accor ce with the City of Meridian Unified Development Code. • Lot 9, lock 1 shall be donated to the Meridian Parks Department. • The app icant shall construct the off-site connection to the multi-use path along Ten Mile Creek p 'or to issuance of any Certificate of Occupancy for the subdivision. ` ~ ~ ""•i'~`• = r~ i ANAL.YS Based on the policies and goals contained in the Comprehens ve Plan and the general compliance of the proposed development with the Zoning Ordinance, s off believes that this is a good location for the proposed single-family residential products. Pl a see Exhibit D far detailed analysis of facts and findings. 1 • ca ed O en S a The applicant is proposing to set aside .25 acres (5.00% of the prop )for open space in a lot, which contains a storm water retention area and a lid 'an connection to Fuller Park to the south and staff is supportive of the design. Ther is no minimum landscaped open space required by ordinance, because the property iu 1 than five acres in size. 2. No P kin : No on-street pazking shall be allowed along Lots 1 and 18, Block 1, adjac nt to the landscape island. The street shall be signed as "No Parking" per the Merl 'an Fire Department's comments. 3. -d -Sac Vari ce: Due the shape of the parcel and the inability to connect to any stub streets due to the pattern of existing development surrounding the property, N. Manship Place exceeds the maximum cul-de-sac length allowed by the Unified Development Code. a applicant has submitted a variance application that will be considered by City Coupe .Due to the fact that the adjoining properties have all developed without addrti al stub streets, staff supports the variance r~uest. 4• ' ' Ho Size: The R-4 zone has a minimum house of 1,400 square feet and all homes 'thin the proposed subdivision shall meet this requirement. 5. Pres a Irri lion: The City of Meridian requires that pressurized irrigation systems be supplie by a year-round source of water (MCC 12-13-8.3). The applicant should be requir to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the shall b required. If a single-point connection is utilized, the~dev loger wiyllt be respons"ble for the payment of assessments for the common areas grior to signature on the frn plat by the City Engineer. An underground, pressurized irrigation system should be inst ed to all landscape areas per the approved specifications and in accordance with UDC 1 -3A-15 and MCC 9-1-28. Buckeye Place Subdivision .4.06-001, PP-06-001, VAR-06-001 PACE 7 CITY OF MER[DIA~V pLgNNij~-G DEpAR.1~1gENT STAFF REI~ORT FOIL TTNE T~~NG DATI~ OF MA1t,CII 21, 2006 6. F :The applicant has not submitted a detailed fencing plan (on the landscape plan dat December 21, 2005) with the preliminary plat application for the subdivision. Any p eter fencing must be completed prior to issuance of building permits. All fences sho d taper down to 3 feet max;m„m within 20 feet of all ri t-of-wa . sho d be installed in accordance with ~ y ~ fencing UDC 11-3A-7. 7. Co :Maintenance of all common areas shall be the responsibility of the Bu eye Place Home Owners' Association. 8. Dit Laterals d C s• per UDC 11-3A-6 all irrigation ditches, laterals or canals, excl ive of natural waterways and waterways being used, as amexuties, that intersect, Gros or lie within the azea being subdivided shall be covered. • A ~ ~ ~AI•YSIS: Due the shape of the parcel and the inability to connect to any stub streets, N. anship Place exceeds the maximum cul-de-sac length allowed by the Unified Developmen Code. Because the adjoining properties have all developed without providing stub streets for co ectivity, staff finds that the cul-de-sac proposed is the only option for access to the site and staff supports the variance request. b. Staff mmendation: Staff recommends approval of AZ-06-001, pP-06-0O1, and VAR-06- 001 for Buc eye Place Subdivision as presented in the staff report for the hearing date of February 16, 2006 based on the Findings of Fact as listed im Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent wi this recommendation. 11. EX~gTT'S A. Drawings 1. Pr liminary plat (dated:lVovember 30, 2005) 2. dscape Plan (dated: December 21, 2005) B. Conditio of Approval 1. P g Department 2. Pu lic Works Department 3. F' Department 4. Po ce Department S. Par Department 6. S tary Service Company 7. County Highway District C. Legal Des 'ption D. Required F' dings from Zoning Ordinance Buckeye Place Subdivision 06-001, PP-06-001, VAR-06-001 PAGE 8 CITY OF A. Drawings 1. Preliminary Plat ~ PLANNING DEpA1tTIVIENT STAFF REPORT FOR THE HEARING DATE OF MARCR 21, 21106 ;dated: November 30, 2005 * R3 w ~ ~~ 1i ~ It k t) ~ ~ i J i 17 tl ~ ; 8 1 r~ _- ~ .••, ..~..~ w . ~ ~ f • ~ ~ ~ ' ~ H r; .~~ ~~ ~• r • • 'pt. P; j. ' .. E~ N :! ~~.. al _- ._ ...-~1-~~- • t i 1~~ ~ ~ !p i $~ ~. ~~ ` .R p i -- , .. l~ ~ ~~ °~ ,~' _ _ ._. .. i'~ 11 ~ t~l ~ ~~' ~ ~ ,~ ~ ~ `~ ~ • • ~ ~~• • • j :: ; ,~ w ~ ~ i a• „, i a I `_ m~ .' j _ . ~ ^ a + • I 1 ~.4 h ><., ~a~i~~ laii~~l~il=~,~~1a,~;;A~~ 14f~fi~ ~ a ~'~; ~~g ~~~~~ ~~ a ~ 0,a~~ ii~r~ ~~~ >~ lDi~l ~~ ~g~ ~~~s~ 9 ~' ^ ~ f ~ pi~ 73 I • ~ ~~1 ~ } ~ -a. t ~. D ;t-.I f." ~I}~I I ~ i I ~ ~a LL : t(iY iPP~ /~~ ~ r -.~ . -.~ -H fir- _••T; ~. i Y'~ yf~Q ~~ - ... 'a. _ fin,' ... .. .. _. .. ....._ ~.~--•'.:.---- ~_ hx:ae ~~ -,~._.,I a d ti ~; PR~I'OSa.U Pl:tr ,y ..._ SUUUtvt; MY•hwa~/• ~~~i.~.. Exhibit A • C1TY OF 2. Landscape Flan PLANNING DEPARTMEIV'I' STAFF REPORT FOR THE HEARING BATE OF MARCH 21, 2006 December Zl, 2005) .I. ~~ t PiAt'F, Mw~~~~ _ wow rp T.. J .,w5'i~ ~AP/IOky fgpi G2 Exhibit A • ~ CTI'Y OF METtID PLANNING b~ARTMENT STAFF REPORT FOR THE ~ARiNG DATE OF MARCH 21, 2006 B. Conditions of pproval 1. PLANNfi1G DEP TM'ENT 1.1 ANNEXATI N COMMENTS Prior to the between th exation ordinance appro~, a Development A eement A City of Meridian ~ ~) sha11 be entered into r o the level op , p e P rty owner (at the time of annexation ordinance adoption), and . The a licant s contact the Ci Att recess wi i Bill N at 888-4433 to initiate this 18 months of Ci ouncil a oval of the annexatio ncorporate n r nest. The DA shall a following; • Atl fu conditions o reas f a uses shall not involve uses activities recesses materials operation that will be d P ~ eq~pment and etrimental to any persons Propert th on o ex • All f , y or e general welfare by sive production of traffic, noise, smoke, fumes, glare or odors u . development of the subject Property shall be of Meridian constructed in ac c°rdance ~~ City rdinances iu effect at the time of development ' • The app . cant will be r esponsible for all costs associ t d extension. a e with the sewer and water service • Any exi from their d domestic wells and/or s trc g ep ' systems within this project will have to be removed mestic service per City Ordi S from the Ci i , nance ection 5-7-517, when services are available of Meridian. Wells may be used. for non-domesti rrigation. c purposes such as landscape • Prior to accordance 'ssuance of any building permit, the sub'eet oP~ sha11 be subdivided in th the City of Meridian Unified Development Gode • Lot 9, Bl . k 1 shall be donated, to the Meridian Parks Department • The appli Creek pri . t shall construct the off-site connection to the multi-use path along Ten Mile r to issuance of any Certif 1.2 SITE SPECIFI icate of Occupancy far the subdivision. REQUI2EN~~S~.pRFT•iM1NARYPLAT 1.2.1 The prel' plat labeled as Sheet PRE, Prepared by Briggs Engineering, dated November 30, 2005, is app ved, with the conditions listed herein. All comments/conditions of the accomPan3`]ng Annexation/Zonin AZ-06-0Ol PrelimiuaryPl t (PP-06-001). g ( )shall also be considered conditions of the 1.2.2 No on-street p king shall be allowed along Lots 1 and 18, Block 1, adjacent to the landscape island. The str shall be signed as "No Parking" per the Meridian Fire Department's comnnents. 1.2.3 All homes wi 'the subdivision shall contain at least 1,400 square feet of living area. 1.2.4 Maintenance o all, common areas shall be the responsibility of the Buckeye Place Subdivision homeowners' soeiation. 1.2.5 All areas appro stormwater dote 3A-18 and steal surface materia] Where the app] such plan, the 1. proposed by stagy open space and facility. 'This ma the developer to the time of final ~ ea as open space shall be free of wet ponds or other such nuisances. All lion facilities incorporated into the approved open space aze subject to UDC 11- be fully vegetated with grass and ttees Sand, gravel or other non-vegetated shall not be used in open space lots, except as permitted under UDC 11-3B. ,ant has submitted a preliminary landscape plan and where staff has reviewed idscaping shall be consistent with the preliminary plan with modifications as • If the stormwater detention facility cannot be incorporated into the approved ill meet the standards of UDC 11-3A-18, then the applicant shall relocate the require losing a developable lot or developable azea. It is the responsibility of imply with ACRD, City of Meridian and all other regulatory requirements at >nstructicm Exhibit B • CITY OF MERiD PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCf~ 21, 2006 1.2.6 Per UDC waterways 1-3A-6 all irrigation ditches, laterals ar canals being used as amenities, that intersect cross or lie with i shall be co , i n the azea bbeing subdivided Bred. 1.3 GENERAL QUlREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks hall be installed within the subdivision and on the erimet f pursuant to p er o the subdivision C 11-3A-17. 1.3.2 The City o source of w Meridian requires that pressurized irrigation systems be supplied by a year-round ter (MCC 12-13-8.3). The applicant should be re uired t il or well wat connection t q o ut ize any existing surface for the primary source, If a surface or well source is not available, a s' the culina wat ~ the develop ry er system shall be required. If a single-point connection ls utilized, will be responsible for the payment of as signature on ' sessments for the common areas prior to the fanal plat by the City Engineer. An underground i should be UDC 11-3A , pressur zed irrigation system tolled to all landscape areas per the approved specifications and in accordance with 1 S and MCC 9-1-28. 1.3.3 A detailed 1 noted in this dscape plan, in compliance with the landscape and, subdivision ordinance and as rt, shall be submitted for the subdi i i 1.3.4 The appli v s on with the final plat application. t shall submit a detailed, fencing lan with h subdivision. debris must p t e final lot If permanent fencing is not provided tem o p application for the p ~' ~nstructxon fencing to contain a installed around th should taper i t ll d i e own to 3 feet peruneter pnor to issuance of a building permit, pll fences maximum within 20 feet of all right-of--way All f i ns a e n . enc ng should be ordance with UDC 11-3A-7. 1.3.5 Any tree ov additional tr 4" in caliper that is removed from the property shall be r laced b s bein the ~ Y installing g equivale t b Required lan be mitigated. n num er of caliper inches of trees that were removed. coping trees will not be considered as replacement trees for those trees that have to 1.3.6 All irrigation crossing or 1 ' ditches, laterals or canals, exclusive of the Ten g adjacent and c ti e D 3A-G, unless on guous to the area being subdivided shall be tiled per UD~~~ therwise approved by Nam a Meridi J approved by owners), with p an rrigation District, Plans will need to be a appropriate irxigation/drainage district, or lateral users association (ditch 'flee approval or non-approval submitt d lateral users a a d b e to the Public Works Department, ff sociation approval can not be obtained, alternate plans will be revie d pprove y t we and City Engineer prior to final plat signature, 1.3.7 Staffs fail annexation/eo to cite specific ordinance provisions or terms of the approved tional use does n t li 1.3.8 Preliminary pl o re eve the applicant of responsibility for compliance. a royal shall be subject to the iration PP exp' provisions set f th i 2. P[JBLiC WORKS DE ox n UDC 11-6B-7. ARTMENT 2.1 Sanitary sewer be installed s ervice to this development is being proposed via extension of mains planned to g early March of 2006 as a City of Meridi with the plane Meridian does an project, Site constraints associated pathway of the sewer think may cause it to be delayed till late 2006. The Cit of f y o guarantee sewerabiltiy in the timelines spelled out in the UDC 2.2 The applicant size and routing . install all mains necessary to provide service; applicant shall coordinate main with the Public Works Department, and execute stand d f any mains that cover from top ar orms of easements for required to provide service. Minimum cover over sewer mains is three feet, if f pipe to sub-grade is less than three feet than alternate m t ri l conformance of a e a s shall be used in ity of Meridian Public Works Departments Standard S ecif ti p ica ons, Exhibit B • CITY OF MERIDIA PLANNING DEPARTMENT STAFF REPORT FOR THE kIEARINC~ RATE OF MARCH 21 20 , 06 2.3 Water servi applicant to this site is being proposed. via extension of mains in N. Manship place The be responsible to install all water mains coordinate necessary, to serve this development, 'size and routing with Public Works. 2.4 The appli right of way t shall provide a 20-foot easement for all public water/sewer mars outside of public include all water services and h drants) Th the plat. The y . e easements shall not be dedicated via description shall be consistent with the graphicall de i t d but be recor executed y p c e easements on the plat ed as a separate document using the City of Meridian's standard forms. Submit an went (supplied by public Works) a l l d of the easem (marked , ega escription, which must include the area (marked EXIHBIT A) and an 81/2" x I 1"map with bearings and distance Professional s IT B) for review. Both exhibits must be sealed, signed and dated by a d Surveyor. DO NOT RECORD. Add a note to the l t f document. p a re erencing this 2,5 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrig tion system in this proposed development. A letter of plan approval shall be required prior to scheduling of apre-construction meeting. 2.6 The City of eridian requires that pressurized irrigation systems be su ited b a source ofwat (UDC 11-3A-6). The applicant should be required to use an existin -round well water for the Y g surface or primary source. If a surface or well source is not available, a single point connection to a culinary water system shall be required. If a single-point connection is utilized, the developer be responsible for the payment of assessments for the co~rwaon areas prior to signature on a final plat by the City Engineer. Z.7 All existing ctures shall be removed prior to signature on the final plat by the City Engineer. 2.8 Prior to si eon the final plat, the applicant shall submit from a professional engineer or professional li eased surveyor a stamped signed. letter. stating that no lots are encur~abered by the flood plain ass crated with the Ten Mile Creek. 2.9 Any existing d mastic wells and/or septic systems within this project shall be removed from, domestic servi per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used. for non- domestic pure ses such as landscape irrigation. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots nstructed, road base approved by the Ada County Highway District and the Final Plat for this division shall be recorded, prior to applying for buildin g permits. 2.11 A letter of cr or cash surety in the amount of 110% will be required for all uncompleted fencing, lands ping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All developmen improvements, including but not limited to sewer, fencing, micro paths, pressurized irri tion and landscaping shall be installed and approved prior to obtaining certificates of o pancy. 2.13 Applicant shall a required to pay Public Works development plan review, and construction inspection fees, determined during the plan review process, prior to signature on the final plat per Resolution 0 -374. 2.14 2.15 2.16 Extdisit B It shall be the possibility of the applicant to ensure that all development features comply with the Americans 'th Disabilities Act and the Fair Housing Act. Applicant shall l maybe required Applicant shall t responsible for application and compliance with and NPDES Permitting that the Environmental Protection Agency. responsible for application and compliance with any Section 404 Permitting •_. ... CITY OP' MERIDI PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCI2 2I, 2006 that may b required by the Army Corps of Engineers. 2.17 Developer hall coordinate mailbox locations with the ,Meridian post Office. 2.18 All grading f the site shall be ~°~~ m conf°rmance with MCC 11-12-3H. 2.19 Compactio test results shall be submitted to the Meridian Buildin D pads receivi g engineered backfill, where footing would sit atop fill ~ ent for all building 2.20 The engin 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 a crawl spaces of homes is at least 1-foot above. 2.21 One hundr watt, high pressure sodium streetlights shall be the Public rks Department. All streetlights shall be installed t subdivider's e~ ensle~t~l by locations are at street intersections and/or .fire h drams. Final deli locations a d ~i~ determined er ower desi y ~ qty aze P gns aze completed by Idaho Power Company, The street light contractors 1 obtain design and permit from the Public Works Department prior to commencing ' tallations. 3. FIRE bEPART 1 • One and two family dwellings will require afire-flow of 1,000 duration of Z ours to service the entire ~O~ p~ minute available for apart. Intema final Fire Code Protect. Fire hydrants shall be placed an average of 500 feet Appendix C. 2. Acceptance o the water supply for fire protection will he by the Meridian Fire Department and water quality by the eridian Water Department for bacteria testing. 3. Final Appro of the fire hydrant locations shall be by the Meridian Fire Depazbment. a. Fire ydrants shall have the 4 %" outlet face the main street or pazking lot aisle. b. The F e hydrant shall not face a street which does not have addresses on it. c. Fire h dram markers shall be provided per Public Works specifications. d. Fire drams shall be placed on corners when spacing permits. e• Fire h drams shall not have any vertical obstructions to outlets within 10'. f. Fire h drams shall be place 18" above finish grade. g. Fire h drams shall be provided to meet the r~uirements of the IFC Section 509.5. h. Show ll proposed or existing hydrants for all new construction or additions to existing boil ' s within 1,000 feet of the project, 4. The phasing p may require that any roadway greater than 150 feet in length that is not provided with outlet shall be required to have am approved turn around. 5• ~ entrance an internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. For all Fire ,provide signage "No Parking Fire Lane". 7. Operational fire hydrants, temporary or Pe~nent street signs and access roads with an all weather surface are before combustible construction is brought on site. 8. All portions of a buildings located on this project must be within 150' of a paved surface as measured am the perimeter of the building. 9. Where a portion jurisdiction is n measured by an and mains shall 1 of the facility or building hereafter constructed or moved into or within, the re than 400 feet (122 m) firnn a hydrant on a fire apparatus access road, as ~proval route around the exterior of the facility or building, on site fire hydrants provided where required, by the code official. For buildings equipped throughout Exhibit B • . ..... CI'Iy OF MER1D PLANNING DEPARTMENT STAFF REPORT Felt THE HEARING, PATE OF MARCH Z I, 2Q06 with an roved automatic sprinkler system installed in actor 903.3.1.2 th distance requirement shall be 600 feet (183). ~~ ~~ Section 903.3.1.1 or a. For i b. For 1 acco: (183 4. POLICE DEPART 1. Any interior exceed four 5. PARKS DEPARTIV 1. Pathway an accordance 6. SAPTITARY SERVI~ 1. SSC has no c 7. ADA COUNTY H!l A. Site Speck 1. Extend Mans: 2. Construct the attached cone 3. Terminate M~ Construct the 4. 5. .S. 1. 2. 3. 4. 5. 6. R-3 and Group U occupancies, the distance requueme~ s~ be 600 feet (183 m). ~ e~l~PPed tluoughout with an approved, automatic sprinkler system installed in with Section 903.3.1.1 or 903.3.1,2, the distance requirement shall be 600 feet fencing adjacent to common lots shall allow visibility from the street or shall not yet in height if solid fencing is used. Trail standards: The proposed pathway and/or trail shall be constructed izt h the Meridian Park Department's requirements. COMPANY nments related to this application. DISTRICT o.1rAPPraval Drive in to the site from the north property line, as proposed, eternal streets as one half of a 36-foot street section with rolled curb, gutter and an ate sidewalk within 50-feet ofright-of--way, as proposed. tship Place with a cul-de-sac turnaround without a center island, as proposed. urnaround to provide a minimum turning radius of 45-feet. Construct a er island with the right-of--way of Manship Place where the new roadway will connect into a existing roadway, as proposed. Construct the island to be a minimum of 100- square feet to maintain a m;n__ ,~,,, of a 21-foot street section on either side of the island. Any proposed dscape islands/medians within the public right-of--way dedicated by this plat shall be own and maintained by a homeowners association. Notes of this will be required on the final plat. Comply with Standard Conditions of Approval, Standard Co iftions ofApproval ~Y existing ' 'gation facilities shall be relocated outside of the right-of--way. Private sewer o water systems are prohibited from being located within any ACHA roadway or right-of--way. All utility relo rive costs associated with improving street frontages abutting the site shall be borne by the d elouer. Replace any a sting damaged curb, gutter and sidewalk and any that maybe damaged during the construction of proposed development. Contact Construction Services at 387-6280 (with file number) ford ' s. Comply with th District's Tree Planter Width Interim Policy. Utility street cut by the District. details. in pavement less than five years old are not allowed unless approved in writing ontact the District's Utility Coordinator at 387-625$ (with file numbers) for Exhibit B crrx o~ 7• All design Manual, IS applicable State of IdF 8. The applic~ (or other re 9. COriStn~rtin 10. Payment of with Ordina 11. 12. It is the resp~ applicant at t applicant sha prior to breal~ Operations 37 any phase of No change in and signed by obtain written 13. Any change b application, sl other regulator advises the Hi a waiver/varia at the time the u i PLANNING DEPARTMENT STAFF REPORT FOR THE HEAkING DATE OF MARCH 21, 2006 ul construction shall be in accordance with the Ada County Highway District Policy WC Standards and approved supplements, Construction Services procedures and all CHD Ordinances unless specifically waived herein. An engineer registered in the o shall prepare and certify all improvement plans. t shall submit revised plans for staff approval, prior to issuance of building permuit tired permits), which incorporates any required design changes. use and property development shall be in conformance with all applicable of the Ada County Highway District prior to District approval for occupancy. ~plicable road impact fees are required prior to building construction in aeeardamce ~e #200, also known as Ada County Highway District Impact Fee Ordinance. ~sibility of the applicant to verify all existing utilities within theright-o£ way. The ~ cost to ACRD shall repair existing utilities damaged by the applicant. The l be required to call DIGLINE {1-800-342-1 S85) at least two full business days ng ground within ACHD right-of--way. The applicant shall contact ACRD Traffic 7-6190 in the event any ACRD conduits (spare or filled) are compromised during onstruction. the terms and conditions of this approval shall be valid unless they aze in writing the applicant or the applicant's authorizer representative and an authorized of the Ada County Highway District. The burden shall be upon the applicant to confirmation of any change from the Ada County Highway District. ~ the applicant in the planned use of the property which is the subject of this all require the applicant to comply with all rules, regulations, ordinances, plans, or y and legal restrictions in force at the time the applicant or its successors in interest ,rhway District of its intent to change the planned use of the subject property unless ice of said requirements or other legal relief is granted pursuant to the law in effect change in use is sought. Exhibit B . ...._.. CITY OF MEI2IDI,A~ p~,A~NG DEpARTM$~. STAFF REPORT FOR THE FARING DATE OF MARCH 21, 2006 C. Legal DESCRIPTION FOR PROPOSED BUCKEYE F'IACE SUBDM$ION November 30 2005 A P CEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 OF SECTI N 10, TOWNSHIP 3 NORTH, RANGE 1 N/EST~ BOISE MERIDIAN, MERI IAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLL WS: COMM NCING AT THE NORTHWEST CORNER OF SECTION 10 TOWNSHIP 3 NOR H, FLANGE 1 WEST, BOISE MERIDIAN. MERIDIAN, ADA COUNTY, IDAHO; THENCE S 89°40'29" E 1322.58 FEET ALONG THE NORTH SECTION LINE T THE NORTH 1116 CORNER, THENCE CONTINUING S 89°40'23" E 1.11 FE T TO A POINT; THENCE S 00°01'16" W 44.93 FEET TO THE NORT EST CORNER OF PINTAIL POINTE SUBDNI31pN AND THE NORTH ST CORNER OF BL.ACKSTONE SUeDNISION; THENCE ALONG THE CO MON BOUNDARIES OF SAID SUBDNISIONS S 00°01'18" W 821.09 FEET T THE SOUTHWEST CORNER OF SAID PINTAIL POINTE SUBDIVI ION; THE PO NT O BEGINNIN® OF THIS SUBDIVISION. TFIENCE ALONG THE SOUTH BOUNDARY OF PINTAIL POINTE SUBDIVI IONS 89°40'23" E 332.75 FEET TO A POINT; THENCE 00°39'41" W 8,00 FEET TO THE NORTHWEST CORNER OF ROD'S P RKSIDE CREEK SUBDNISION; THENCE LONG WEST BOUNDARY OF SAID ROD'S PARKSiDE CREEK SUBDIVI IONS 00°14'12" W 849,7p FEET TO THE $pUT'HWEST CORNER OF SAID UBDIVISION; THENCE 89°27'48^ yi/ 330.23 FEET TO A POINT; THENCE 00°01'18" E 858.50 FEET ALONG A PORTION OF SAIp BLACKST NE SUBDIVISION TO THE RLAL pO~~11r~pE01NNING OF THIS 8U8DIVISI N; SAIp sUg IVrSION CONtAINS 4.99 ACRES, MORE OR LESS. WAYNE K. _.__„ ~~~k~ ~~~, , ~s ~~~4 ~~ `,f~'lf~~`,~' ~ P.L,S.844.4 . 'd~r~ ~~ ~t ~~t ~ ^~~~ Exlu'bit C CITY OF T PLANNING DF~ARTMENT STAFF REPORT FOR THE BEARING DATE OF MARCH 21, 2006 _...,I ~ --. _.. ., ,.. ~ I I ! mph ~ I +~ 11 I i ..._._.. __ ....__: ~°~ i._.. .. .. .-_._ --. H ... _........__.... ,, i :6 ~ ~ ~'~ 1 ~ ,~ ,A • P$ , I + I m ~1 j ~e~~ ~~ _~ i~.r~ i!"~_~ di K pl~lf ~ o - - ' I !I 1 ' ~ ' ~ I.~ ~~ r .. . _ .... ~ • 1 - .._ _ ' 1 x ~la_ ~ ~- --•-•,J , f I i/ I~ I ~~ t. t. e. a. @a I '~ I i~ ~ ~~~ ~- ~I~I ~_ ~~ •t g i f , ~j i ~~~~~_ - -`' ~ ,~ P1~~/L ~/ yl ~o ~ 4 I! ~_____- ~ •••, I I I _ ~t~ .,-~ -- M ~ 1 ~ ~ I i, I p ~.. t ....i r ~ Jr ~ r---~.._,.-f >, 8 e '~ R fl ~L 1 ~ II I~ a~p~Q~ ~ e4~ ~~~ ~ ash x ~~ ~I _~ .~ = : ~( 1 : R I PW* ~~~ I I ~~ oiw 00 b ~ ~'s ~ ~4 n~ ~ ~o` d 0 x Exhibit C CITY OF MERID PLANNING DEPARTMENT' STAFF 1tEpORT FOR THE HEARING DA7 E OF MARCH 21, 2006 D. Required Fint~gs from Zoning Ordinance 1 • Annexation Fin inrrc• Upon reco endation from the Commission, the Council shall make a full investigation and shall, t the public hearing, review the application, In order to grant an annexation and/or rez ne, the Councall shall make the following tndings: 1- Th map amendment complies with the applicable provisions of the comprehensive pla ; The applicant is proposing to zone all of the subject prop~y to R-4. City Council Ends that a proposed zoning map amendment complies with, the applicable provisions of the co rehensive plan, Please see Comprehensive Plan Policies and Goals, Section 8, of the Sta Report. 2• T11e p amendment complies with the regulations outlined for the proposed dfs 'ct, specifically the purpose statement; City Council finds that single-family detached residential uses are allowed within the requ ted zoning district of R-4 as a Principally Permitted Use. The accompanying plat dem nstrates the land will be developed with lot sizes, housing types and other dim Tonal requirements that conform to the proposed zoning designation. ~• 'T'he ap amendme~ shall not be materially detrimental to the public health, safety, and elfare; City ouncil finds that the proposed zoning amendment will not be detrimental to the publi health, safety, or welfare. 4• The p amendment shall not result in an adverse impact upon the delivery of servi s by any poLttical sabdivision providing public servirxs within the City incln ng, but not limited to, school districts; and, City ouncil finds that the proposed zoning amendment will not result in any adverse impac upon the delivery of services by any political ~b~vision providing services to this sit . 5• The egation is in the best of interest of the City (UDC 11-SB-3.E). The R subdiv availal unreas~ in gent of the Anntxs 2. Preliminary plat Fin. In consideratia the decision-m~ 1• The pla Council Compre zoning amendment will provide lots that are similar in nature to existing ins in the near vicinity. City Council finds that all essential services are or will be provided by the developer to the subject properly and will not require able expenditure of public funds, The applicant is proposing to develop the land ~ compliance with the City's Comprehensive Plan, This is a logical expansion Y its. In accordance with the findings listed above, City Council fine A and Zonin a of this nrrmaH~, +., v ~ ...,._., ~ L _ ~ _ .. , of a preliminary Plat, combined preliminary and fine[ plat, or short plat, ing body shall make the following Endings; is in conformance with the Comprehensive Plan; that the proposed application is in substantial compliance with the adopted ~e Plan. Council generally supports the proposed plat layout and proposed Exhibit D ~ r C1Ty OF MERIDiA1{~ pLA1VNiNG DEPARTMENT STAFF ~ppRT FOR THE HEARING DATE OF MARCH 21, 2006 ae ity as they comply ~~ the provisions of the Comprehensive Plan, Please see Co rehensive Plan policies and Goals, Section 8, of the Staff .Report. Z• Pu lic services are available or can be made available and are adequate to acc mmodate the proposed development; Co cil finds that public services are available to accommodate the proposed Bev lopment. (See finding Items 3 and 4 above under Annexation Findings for more de .) 3• The lat is in conformance with scheduled public improvements in accord with the City s capital improvement program; Seca a the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital impr vement funds. 4. Ther is public financial capability of supporting services for the proposed Bevel pment; The ouncil finds that supporting services are available to support the proposed Bevel meat. Staff recommends the Commission and Council rely upon comxaents from the p blic service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See findin "Items 3 and 4 above under Annexation Findings above, and the Agency Co eats and Conditions in Exhibit 13 for more detail.) 4. The d velopment will not be detrimental to the public health, safety or general welf e; and Coon Bevel '1 is not awaze of any health, safety or environmental problems associated with the meat of this subdivision that should be brought to the Coun il ' attenti c or Commission s . ACI-ID considers road safety issues in their analysis. 5. The d velopment preserves significant natural, scenic or historic featar Counc Counc es. is unaware of any ,natural, scenic or historic features on this site. Therefore, finds that the proposed development will damag not result in the destruction, loss or of any natural,, scenic or historic feature(s) of maj or importance. 3. Variance Findings The City Co listed in Sectlo cil shall apply the standards listed in Idaho Code 67--6516 and all the findings 11-SB-4E of the UDC to review the varian variance, the ce request. In order to grant a auncil shall make the following findings; 1. The va In the ance shall not grant a right or spedal privilege that is not otherwise allawed 'strict: City Co privileg cil finds that the granting of a variance to the property will not grant a right or that is not otherwise allowed in the di tri the s s ct and, in fact, it will grant the property rights and privileges received by other properties in the azea which have stub streets ovided to them in order to facilitate development with shorter block lengths. Z. The va nce relieves an undue hardship because of characteristics of the site; The pr prolu'biY osed subdivision is bordered on the south and west by Ten Mile Creek, thus g interconnectivity to the s bdi i i to the ea u v s ons located to the south, and the subdivision did not provide any stub streets, thus prohibiting intercon ti i Based o nec v ty to the east. the surrounding property uses, existing street configurations and natural Exhibit D ~ ~ CITY OF MERIDL~T PLANNING I)EpARTM gNT STgF.F I~,OgT FOR THE E~gR1NG DATA OF M,ggCH 21, 2006 3. urea, City Council finds that special circumstances exist which create an undue !ship on the property. variance shaII not be detrimental to the public health, safety, and welfare. Council finds that allaa+ing the cul-de-sac to exceed the maximum length will not be mental to the public health, safety, and/or welfare, The connecting streets in the area ide an interconnected street system that provides for safe and efficient access for ences and public safety personnel. F.xlv"bit D April 7, 2006 MI 05-017 MERIDIAN CITY COUN IL MEETING April 11, 2006 APPLICANT JOnatha Seel ITEM NO. 5-D REQUEST Addend m to Development Agreement -Miscellaneous Request to Amend previously approved Development Agreement for Blue Marlin (AZ 03-025) for Nesmith Annexation - 2820E st Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECT R: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DI RICT: ADA COUNTY HIGHWA DISTRICT: SANITARY SERVICE CO PANY CENTRAL DISTRICT HEAL H: NAMPA MERIDIAN IRRI ATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE OTHER: COMMENTS See aHached Development Agreement Contacted: 1 Date: ~ `4 (j~ Phone: ~ z -17~~ Emailed: ~, ~ Staff Initials: Materia presented at public meetings shall become properly of the Ctty of Meridian. W.H. M ORE C O M P A N Y M E M O R A N D U M Real Estate evelopment 1940 S BONITO AY, SUITE 160 (MERIDIAN ID 83642) P.O. BOX 8204 BOISE, IDAHO 83 07-2204 April 3, 2006 To: Tara en From: Katie Gi son Re: Addend m to Development Agreement-Nesmith Annexation Tara: APR 0 ~ 200 City Of Meridia~a City Clerk Office Please forward a copy of the recorded paperwork back to W.H. Moore Company attention} Jonathan Seel. Thank you, Katie TELEPHONE (208) 323-19191 FAX 323-7523 www.whmooreco.com ~~~ ~' CITY OF AI ~~ ~~~ ~ ~,~ ~Y1~1G~l~ ~~ IDAHO in '~i~~i.,ti~l i /d 7~rc~:,~suHr V;vity MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 Wastewater 3401 N. Ten Mile Road 888-27.91/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 ~ ~ ~~~ ~ < G 20, 2006 ~",~~ ~ J nathan Seel Moore Company 1 40 Bonito uite 160 eridian. ID 83642 Addendum to Development Agreement -Nesmith Annexaton MI 05-017 Mr. Seel, red please find the original Addendum to the Development Went for Nesmith Annexation, which is ready for your review and ares of the appropriate parties. Please sign where indicated and to the City of Meridian City Clerk's Office for placement on the next ale City Council Agenda for approval. call me if you have any questions at 208-888-4433. incerely, ~~ a Green Duty City Clerk CITY FALL 33 EAST IDAHO AVENUE 1VIERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLER -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper • ADA COUNTY RECORDER J. D~ NAVARRO AMOUNT .00 18 BOISE IDAHO 04/x/08 02:31 PM DEPUTY Neava Haney RECORDED-REQUEST OP III IIIIIIIIIIIIIIII'I'IIIII~III' II III Meridian City 1 ~6~6~85~ DENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Winston W. Moore, Owner/Developer e following is an addendum to that certain DEVELOPMENT AGREEMENT, ntered into on the 12~` day of April, 2005. This addendum is made and entered into this ~'' day of Asir; ` , 2006, by and between CITY OF MERIDIAN, a m 'cipal corporation of the State of Idaho, hereafter called "CITY', and Winston W. Moo e, whose address is 1940 Bonito, #160, Meridian, Idaho, 83642, hereinafter called "OWNS F.VFr.npFU~~ O R /DEVELOPER agrees to be bound by the terms of the original Development A ement (instrument # 105048793), approved on April 12, 2005 on the land described in Exhi it "A", except as specifically regarding the following items: 1. Thep ies hereto agree that the development of the property described in Exhibit "A" sh 11 be in accordance with the terms of the above described Development Agree ent, exhibit "B", or those City ordinances in effect at that time any subseq ent conditional use application is filed, whichever are more restrictive. 2. That th original Development Agreement, Instrument # 105048793, approved on April 1 , 2005, be amended by modifying the following: * age 1, Item 1.4 - "Whereas, "Owner" has submitted an applications for exation and zoning (AZ 03-025 and AZ OS-065) of the "Properties" escribed in Exhibit "A", and has requested a designation of (CG) General etail and Service Commercial District, (Municipal Code of Meridian); nrl ADDENDUM TO * age 2, Item 1.7 - "Whereas, City Council the 23rd day of March, 2004 nd the 7tn day of March, 2006, has approved certain Findings and Fact d Conclusions of Law and Decision and Order, set forth in as if set forth n full, hereinafter referred to as (the "Findings"); and * age 3, Item 3.3 - "Property": means and refers to that certain parcel(s) of `Property" located in the County of Ada, City of Meridian as described in xhibit "A", amended to include 1.50 acres along Ustick Road as well s the 58 acres originally subjected to this agreement, describing the arcels to be annexed and zoned C-G (General Retail and Service ommercial District) attached hereto and by this reference incorporated erein as set forth at length. * age 3, Item 4.1 - "Owner/Developer" shall not develop all or any part of t e "Property" unless and until it has applied for and received either (a) a s te-specific conditional use permit for the parcel to be developed, or (b) iEVE OPMENT AGREEMENT (MI-OS-017 NESMITH ANNEXATION formally BLUE MARLIl~ PAGE 1 OF 4 3. That " and th their a the De herein 4. This "City' boundl written 5. If any F jurisdic and the herein. 6. This matter ADDENDUM TO approval for a planned development of the entire "Property." The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this AZ 03-025 and AZ OS-065 applications:....." Page 4, Item SB2. - "Owner/Developer" shall provide a 10 foot landscape buffer adjacent to the proposed residential uses to the west, in Champion Park and Champion Park Addition. Page 4, Item SB3. -That in exchange for the reduced buffer width (10'), with respect to buildings which are located on those lots which border the west boundary of the subject site (defined as the 58 acre Blue Marlin and 1.5 acre Nesmith parcel), and which take advantage of the reduced buffer, trash compactors and loading docks along the west side of future buildings are prohibited. ~wneriLeveloper" agrees to abide by all ordinances of the City of Meridian "Property" shall be subject to de-annexation of the "Owner/Developer", or signs, heirs, or successor shall not meet the conditions of this addendum to elopment Agreement, and any new Ordinances of the City of Meridian as dendum shall be binding upon and insure to the benefit of the parties' ve heirs, successors, assigns and personal representatives, including ' corporate authorities and their successors in office. This second un shall be binding on the "Owner/Developer" of the "Property", each ent owner and any other person(s) acquiring an interest in the "Property". herein shall in any way prevent sale or alienation of the "Properly", or thereof, except that any sale or alienation shall be subject to the ns hereon and any successor owner or owners shall be both benefited and y the conditions and restrictions herein expressed. "City" agrees, upon ~equest of "Owner/Developer", to execute appropriate and recordable of termination of this addendum if "City", in its sole and reasonable n, had determined that "Owner/Developer" has fully performed its ins under this Addendum. ision of this addendum is held not valid by a court of competent ~, such provision shall be deemed to be excised from this addendum alidity thereof shall not affect any of the other provisions contained i sets forth all promises, inducements, agreements, condition, and ;between "Owner/Developer" and "City" relative to the subject and there are no promises, agreements, conditions or JT AGREEMENT (MI-OS-017 NESMITH ANNEXATION formally BLUE MARLIl~ PAGE 2 OF 4 • this a. 7. 'T'his IN Made it effective anding, either oral or written, express or implied, between :/Developer" and "City", other than as are stated herein. Except as herein se provided, no subsequent alteration, amendment, change or addition to end addendum shall be binding upon the parties hereto unless reduced to and signed by them or their successors in interest or their assigns, and t, with respect to "City", to a duly adopted ordinance or resolution of except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended within the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. shall be effective as of the date herein above written. ACKNOWLEDGMENTS '1TNESS WHEREOF, the parties have herein executed this agreement and hereinabove provided. OWNER/DEVELOPER: B .~ Wmston .Moore CITY OF MERIDIAN G. Berg, Jr ADDENDUM TO ~ e,~g94ie11d11l1Be~e,-~~ ,.,•~~ ~ ~,~~+hytyor `~ r ~~~~~` - d. 1 / r f~/ ~V r ~. A q ~~~BHtFSO; 6aY49bc4i4,':Ah ~de Weerd AGREEMENT (MI-OS-017 NESMITH ANNEXATION formally BLUE MARLIl~ PAGE 3 OF 4 • a STATE OF County of Ada, ss: On this (`~ day of Q YI , 2006, before me, the undersigned, a Notary Public in and for said State personally appeared Winston W. Moore, known or identified to me to be the person who exec ted the above instrument, and acknowledged to me that he executed the same. IN WI SS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in t s certificate first above written. \ `~~~Z\E ~ GlB ~~~~r~ (SEAL) a~`~\\ ~P`~`'.....,sp2~~,''~ 1 ~ ~~ r ~10TARy * : .,~ ; * = Notary Public for Idaho PUBLIC .~ Residing at: ~jsp. _ ~~ My Commission Expires: ~~ . 1?, - Zp~~ STATE OF County of Ada ss On this t'`' day of A,p~, L, , 2006, before me, a Notary Public, personally appeare Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Cle k, respectively, of the City of Meridian, who executed the instrument or the person that execut d the instrument of behalf of said City, and acknowledged to me that such City executed the ame. IlV WITNE~S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .•`' (SEAL) ~ ''~'~%'~ ~~'ti® w . ; . . ° 1 ADDENDUM TO ~.... G1~,•• ~~ ~ ~ ~ ~~ Ah'.~°°~ ; . Notary Public for Idaho ' ' • Residing at: (` ~ nl L~ ~ ~ s _ - Commission expires: -~•I ~~ ,~. • .~ qr. ~.• n nF••' AGREEMENT (MI-OS-017 NESMITH ANNEXATION formally BLUE MARLIl~ PAGE 4 OF 4 Exhibit A el Descriptlon °°~= ~,~ 09, 2vos ~i 6?uadfant Orr =W. H.Moom Consuiting,InG, P Na: 50532449It10 Page: 1 of 2 A ~ Wkl being that knot as ~~ ~~~ O°~' ~. $tttatal in the daeecibad !n'Wartaaty Recd Cnatrutdc~ No. 99046304, Ada $°°>te ~. Boise Matidian, /~ oflbe 5outhesat y. ofSoction 32, Township 4 Aloith, ~• ~, ~ °~ ~oa~Y da~ribod aQ followx ~ at the oonta of tsaid _ ~ ~IiRe otliaetUatlok Rod. N ~3 3~g~~ l~ys.23 foot m Iho oppltM. ~eF n BE thence eorrttauiog aiomg said Soa9r floe and ~ tVorlh 44'39" Wpt 133.00 feet to the Bast 1116 corucr eorrtrnam w said SaAion 32 aad Sedioa • Tom 3 North, Range ! ~. Hoiae Meridian: thence leaving said S;oueh lioe and aloWg the west !'me orsaid tract North 0'02'• Frast 091.28 Loot m the Ncstlsweat tY+trsar ofaaid haal; thence leaving said West ato~g the North lints of said tract Somh 8 x4'39^ Beat 133.00 Lost m the Noafhe~ wma ofaeid lrsr:t; tbiatoe leaving t~ Noah a1o»g the Fast line olaaid tract South Said mss. an. stre®t, D'02" West 49).28 Iasi b the POINT O$ $RGINNNING. ooataias 6540 agtw,c ~ I .S0 acres mae or lera. ' ~m ` Phonai~A C~on+t y ~1Sr2-0ofy • htanret:www.gyo~uulcc 06raeinp • Surc ~„~ Exhibit A -Page 1 • i ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 ~ BOi&E IDAHO 04/21/p6 01:46 PBI DEPUTY Yickl Aifen !!'' II,,tt ~ RECORDED~REQUESI' OF ~N~N~7~3 ~~ Meridian GI DEVELOPMENT AGREEMENT PARTIES: 2. THIS ~~~ day of corporation of the St 1. 1.1 1.2 City of Meridian Winston H. Moore, OwnerlDeveloper J vr.~.~rMENT AGREEMENT (this "Agreement', is made and entered into i L 2005, by and between CITY pF MERIDI~, a municipal ofldaho, hereafter called "CITY', and Winston H. Moore, hereinafter called ~R" 'ALS: ~~~, "OWNERIDEVELOPER" is the sole owner, in law and/or equity, of certain tract oflaad in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in foil, herein after referred to as the `T'roperty"; and WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" make a written commitment concerning the use or development ofthe subject "~'operty"; and 1.3 REAS, "City" has exercised its statutory authority by the enactment of dinance 11-15-12 and 11-16-4 A, which authorizes development greements upon the annexation and/or re-zoning of land; and 1.4 REAS, "t)wner" has submitted an application for annexation and oning of the "Property's" described in Exhibit A, and has requested a esignation of (C-G) General Retail and Service Commercial District, usricipal Code of the City of Meridian); and 1.5 REAS, "Owner/Developer"mode representations at the public hearings ath before the Meridian planning & Zoning Commission and before the eridian City Council, as to how the subject "Property" will be developed d what improvements will be made; and 1.6 EREAS, record of the proceedings for the requested annexation and z Wing designation of the subject `~roperiy" held before the Planning & Wing Commission, and subsequently before the City Council, include AGREEMIIVT (AZ-03-025 -BLUE MARI,IIV} PAGE 1 OF I3 • i 1.7 1.8 1.9 1.10 responses of governme~rt subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the 23'~ day of March, 2004, has approved certain F~~gs of Fact and Conclusions of Law and Decision and Order, set forth in Exlu`bit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as {the "Findings'; and WHEREAS, the Findings require the "owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and "OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and WHEREAS, "City" requires the "Ownei'/Developer" to enter into a development agreement for the purpose of ensuring that the `Pro e developed and the subsequent use of the "Property" is in accordance wi h the teens and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoningdesignation is in accordance with the amended Comprehensive Plan of the City of Meridian adapted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOWT THEREFORE, in consideration of the covenants and conditions set forth herein, the parties a as follows: 2• INCO ORATION OF RECITALS: That the above recitals are contractual and binding and are into rated herein as if set forth in full. 3• D ' FIl~TI IONS: For all purposes ofthis A greement the following words, terms, and phrases herein con ' ed in this section shall be defined and interpreted as herein provided for, unless the clear Conte t of the presentation of the same requires otherwise: 3.1 `CITY"; means and refers to the-City ofMeridian, apartyto this A hick is a mwricipal Corporation and government subdivision of the~state of laho, organized and existing by virtue of law of the State of Idaho, whose dress is 33 East Idaho Avenue, Meridian, Idaho 83642. AGREEMENT (AZ-43-o25 -BLUE MARLIlV) PAGE 2 OF 13 • 3.2 3.3 4. 4.1 "O~NER/DEVELOPER": means and refers to Winston H. Moore whose address is PO Box 8204, Boise, Idaho 83707, the « party developing said ~'°PertY" and shall include any subsequent owner(s)/developer(s) of the "Property". "PROPERTY": means and refers to that certain parcel(s) of "Propert}~' located in the County of Ate, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G (General Retail and Service Commercial District) attached hereto and by this reference incorporated herein as if set forth at length, PERNIITTED BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11- 7-2 (C) which are herein specified as follows: "Owner/Developer" shall not develop all or any F~ of the "Property" unless and until it has applied for anal received either (a} a slte-speci,~'c conditional use permit for the parcel to be level©pea~ or (b1 rapProval for a planned development of the entire "Properly. "The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this AZ-03-025 application: Chapter VII, pgs, 97-98, Chapterl[; Go~I Ob,~ A, #6, Chapterll; Goal II, Obj A, Chapter V, Goat IIF, Obi, B, ~, Chapter VI, Subsec~Yon 2 71, Chapter YII, Goal I, Obj P, # S, Chapter VII, Goal II ; Ob, j D, #7. g 4.2 ~o change in the uses specified in this Agreement shall be allowed without odification of this Agreement. GOVERNING DEVELOPME]VT OF SUBJECT PROPERTY: 5.1. ~`Owner/Developer" shall develop the "Property" in accordance with the oIlowing special conditions: A. Adopt the Spec~al Recomrnendadon of the Planning & Zoning Commission as fallow: 1. Delete exation and Zoning Site Specific Condition #3, page 8, of the 11!03!03 staff report in its entirety. 2. Replace ite Specific condition #3 with the following: "3. a. P 'or to annexation ordinance approval,, the City of Meridian and Winston H. Moore ll enter into a Development Agreement (DA). This DA will require either a AGREEMENT {AZ-03-025 -BLUE MARLIl~ PAGE 3 OF 13 • • ...-- ion rional use or a planned development application be submitted to the City of M 'dian prior to future development. (Per action of the City Council taken at their M h 23, 2004 meeting, eliminate the word subdivision, so that the Development Agr went would require either a conditional use permit or a planned development. 3 •b• A conceptual master plan will be sub app cation or if the miffed ~~ the planned development project is phased, a site specific plan will be submitted. (Per actin of the City Council taken at their March 23, 2003 meeting, eluninated the wo "for" and replaced it with the work "oi".) 3.c. Any future plan, whether a plaimed development or a phased project, shall show a continuous public or private road s and ay connect to the north boon ~~ that g°~ from Ustick Road north dart'' and may also comiect to Eagle Road, State High ay S5, if allowed by ITD. The Developer shall appli ation for either a conditional use Provide further detail with the road a permit or a planned development for a Y ~~ within the Project, as well as to how the traffic is going to be moved throu out the development, and such roadway system shall be consistent with the ITD d ACRD. (Per action of the City Council taken at their March 23, 2004 mee ' g by providing an additional last sentence Pertaining to the roadway system wi 'the development,)" B • Adopt the Co~ents and Recommendations ofthe Meridian Planning & Zoning Department as follows: 1. Re ove any existing domestic wells and/or tic from eir domestic service, per City Ordinance S won 5/7j51'7 when services aze availa le from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. C. Adopt the Rec minendations ofACHI3 as follows {provided that "Ownei'/Develapex" does not waive its right to er negotiate project specific conditions with ACHD): If the rezone i appmved and the District receives a development proposal, the ,District intends to provide the oIlowing requirements, in addition to any additional requirements that may apply upon District re 'ew of future development, to the City of Meridian. 1 • The app~icant shall do one of the following: a• Dedicat by donation {or through a development offset agreement whereby the applican is reimbursed from impact fees to be collected solely from the applicant's specific evelopment project) 48-feet of right-of-way from centerline along Ustick Road, construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located minimum of 41-feet from the centerline of the right-of-way. AGREEMENT {AZ-03-025 -BLUE MgRI,I~ PAGE 4 OF 13 b. Do cony cenl c. Do 2. Co offset a minimum 3. minimum not dedicate additional right-of--way, but construct a minimum S-foot wide Crete sidewalk along Ustick Road, located a minimum of 41-feet from the erline of the right-of--way, in an easement provided to the District. not dedicate additional right-of--way, but construct a minimum 5-foot wide Crete sidewalk along Ustick Road, located at the back edge of the existing right- ay. Accomplish all necessary adjustments to properly accommodate existing gage and utilities. rust any local roadways that are proposed to intersect Ustick Road to align or 300-feet from any existing roadway (measured centerline to centerline). nict any dnvewa~ are pml~d to intersect Ustick Road to align or offset a from any existing or proposed driveway or street. 4 • Once the access points have been approved by the District, they are to be identified as such on the construc 'on drawings, The remaining frontage along arterial and collector streets shall be identified as havi g no access. s. Cam ly with requirements of ITD for Eagle Road frontage. Submit a letter from ITD regarding the said r uirements prior to District approval of the final plat ar issuance of a building permit (or other ' ed permits), whichever comes first. Contact the Idaho T Department's Distric III Traffic Engineer Dan Coonce at 334-8300. asp°rtation 6. Comp y with all Standard Conditions of Approval. ACRD Standard Con 'tions of Approval l ~ Any a fisting irrigation facilities shall be relocated outside of the right-of-way. 2. All uti 'ty relocation costs associated with improving street frontages abutting the site shall b home by the developer. 3• Replac any existing damaged curb, gutter, and sidewall and any that may be damag during the conshuction of theproposed development. Contact Construction Servic sat 387-6280 (with file number) for details. 4. Utility treet cuts in pavement less than five years old aze not allowed unless approv d in writing by the District. Contact the District's Utility Coordinator at 387- 6258 ( 'th file number) for details. 5• All desi and construction shall be in accordance with the Ada County Highway District olicy Manual, ISPWC Standards and approved supplements, Constructions Service procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improv ent plans. AGREEMENT (AZ-03-025 -BLUE MARL,11~ PAGE 5 OF 13 6. applicant shall submit revised plans for staff ling permit (or other r~uired permits), which incorporates any required esign ;es. '1• Co ap traction, use and Property development shall be in conformance with all licabie requirements of the Ada C app ounty Highway District prior to District oval for occupancy. 8• Pa acc ent ofapplicable road impact fees are building construction in rdance with prdinance #197, also known Ad Imp a Coup t Fee Ordinance. ty~ghwayDistrictRoad 9• It is of- a responsibility of the applicant to verify all existing utilities within the right- y. The applicant at no cost to ACRD the least shall repair existing utilities damaged by pl~cant. The applicant shall be regtured to call DIGLINE (1.800-342-1585 two full b i The us } at ne~ days prior to breakin pppicant shall contract ACRD T g ground ~~ ACHD nght-of--way. AC conduits (spare or filled) are cons d~ ~ 87'6190 in the event any h ~ g yp ase of construction. 10. No c in azge in the terms and conditions of this a ting and signed by the ap mob id unless they are lica t h ~ ' an au b p n or t e apph t s representative and orized representative of the Ada. County Highwa Di tri e u Coun y s ct. The burden shall n the applicant to obtain written conf-umaflon of any change from the Ada Highway District. 11. Any c this a or ' ge by the applicant in the planned use of the ro plication, shall require the P Peri3' which LS the subject of apPhcant to comply with all l applic ru es, regulations, ces lane or other re P 9 gulatory and legal restrictions in force at the time the t or its successors i i Chang n nterest advises the Highway Duct of its intent to the planned use of the subject ro requir change p perty unless awaiver/variance of said ent or other legal reliefis granted, pursuant to the law in effect at the tare the in use is sought. D• Adopt the Re nunendations of the Meridian Fire Department as follows: The following 'll be the requirements and/or protection for the prop concerns to provide minimum levels of fire sed project: 1 • That a e-flow as required by the Intemafional Fire Code is provided to service the entire oject. Fire hydrants shall be placed an average of 350' apart. 2• Accep ce of the water supply for fire protection will be by the Meridian Water DeP ent. AGREEMENT (A~o3-025 -BLUE MARLIN) PAGE 6 OF 13 • ~ -- 3. 4. r approval of the fire h ydrant locations shall be by the Meridian Fire Department. All internal and external roads shall have a turning radius of 28' inside and 48' ou ide. 5• Op ational fire hydrants are required before combustible construction begins. 6• The fire lanes shall have a clear drivin , g surface which is 20 wide available at all E• Adopt the R commendations of the Nampa Meridian Irrigation District as follows: 1 • All 1 terals and waste ways must be protected, 2• All unicipal surface drains a must be lean the site, the Nampa Megridian Irrigatr i nnDistnctimust revi drains age and r ' es a Land Use Change Application be filed for review prior to faa platti g, 3• The evelaper must comply with Idaho Code 31-3805. 4• recommends that imgation water be made available to all developments within the Nampa Meridian Irrigation District, F• Adopt the St to of Idaho T ransportation Department's Recommendations as follows (provided tha °°pwIIe~eveloper" does not waive its right to fiuther negotiate access conditions wi ITD): 1 • SH 55 as been designated a principal Arterial ITD would like Ada County and the City o Meridian to help us preserve the corridor by recognizing the following conditi ns. Future right of way widths will be, A: 120 feet each side of centerline (240 fe t total) for building setbacks and to include a frontage road, or B: 70 feet each si a of centerline (140 feet total) ifthe developerprovides an internal frontage road a system to feeder roads. 2. Access a Principal Arterial Type IV will be intersections onl mile inf rvals in rural areas and arie-half mile intervals in urban are~as.~App aches (other intersections) may be permitted in follows: special cases an a temporary basis as l) lowed until state highway system is improved by a construction project at 'ch time an access will be provided to the ro teas the state highway system, but may bee vi a frontage backag~ d 2) S be retarded at the County Retarders Office 3) T orary access restrictions will be noted on the permit. AGREEMENT (AZ-03-025 -BLUE 1VIA1u,II~ PAGE 7 OF 13 ! • 3. 6. commiiznents default of the "Conditions G date this Agre procedures as+ ~• CO DESIGNATION: of the "Property" 7.1 8. INS: portion or the entire ordinance orpoIicy, approval of such cc conditions of this D~ Development. 9• DEF. 9.1 9.2 ise abatement (berms, fences, etc.} will be the responsibility of the developer and l be constructed off of the State ,Right of Way, (Further information about the ~e abatement may be obtained from the Noise Abatement Measures, which is on in the City Clerk's office. err-•~-CE PERIOD/CONSENT TO REZONE: 'fhi,s Agreement and the ned herein shall be terminated, and the zoni desi ~' or "pwners" heirs successors, assi ~ gnation reversed, upon a ng Development of Sub'eet Pro ~~ ~ comply ~~ Sech°n 5 entitled is effective and ~ per' ofthis ~'~nent ~~ tvvo Y~ ofthe after the "City" has complied with the notice and hearing d in I.C. § 67-6509, or any subs~uent amendments or recodifications thereof. .ENT TO DE-ANNEXATION AND REVERSAL OF ZONING G~~Leveivper' consents upon default to the reversal ofthe zoning designation ect to and conditioned upon the following conditions precedent to-wit: That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of such notice. ,c:"!'ION: "Owner/Developer" shall, immediately upon completion of any of said development ofthe "Property" as required bythis agreement orby City ~tify the City Engineer and request the City Engineer s pleted improvements or portion thereof in accordance wig the~~ and elopment Agreement and all other ordinances of the "City" that apply to said In the event "p~,er/Developer", "~er/Developer's" h . assigas, or subsequent owners ofthe `Tro ~ successors, an interest in the `property' ;fail to faathfi'cy o p y with all of the terms and conditions included in this Agreement in connection with the "Property' , taus Agreement may be modified or , compliance with the requirements of the ~ternunated by the City' upon g (hdinance. A weaver by "City" of any default by "p~eY'~ of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waaved and shall not bar any other rights or remedies of "City" or apply to mY subsequent breach of any such or other covenants and conditions. AcT~EMENT (AZ-03-025 - BLUL MARLIN PAGE 8 OF 13 10. ~ memorandum of t and submit proof Ordinance in cone after such record annexation and zrn aPPropriate instrtu 11. Z enact a valid and 12. jurisdiction by eitl of the parties here secure the specific herein. 12.1 12.2 'u~~;1~,;NT FOR RECORDATION: "Ci ' Agreement or this Agreement, including all ofthe Exhibits at~rd either a such recording to "Owner' ;prior to the third ' Owner's" cost, ion with the re-zoning of the readuig of the Meridian Zoning ~n, the City Council fails t adopt 'e orhdinanceCm ~~Ifforanyreason g of the `Tropeny" contemplated hereby, the "City" shall execute and recordd ane it of release of this Agreement. "City" shall, following recordation of the duly approved Agent ordinance zoning the "Property" as specified herein. ' ~-)lES: This Agreement shall be enforceable in an "City" or "pvmer", or by any successor or successors h'tIe or by thee assitgns Enforcement maybe sought by an appropriate action at law or in equity to formance of the covenants, agreements, conditions, and obligations contained In the event of a material breach of this A ' `City" and "Owner" shall have greement, the parties agree that breach to correct the same rior t~ the non breat;~delivery ofnofice ofsaid P g party's seeking of any rexnedY provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such Y (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as maybe necessary to complete the curing of the same with diligence and continuity, In the event the performance of any covenant to be performed hereunder by either "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of ime of such delay. 13. SURE OF PERFORMANCE; The "Ci ' irrevocable letters of c edit, cash deposits, certified check or negotiable bondsua eal~ ~b~der Meridian City Code § 12-5-3, to instu-e that installation of the improvements which the "Owner" agrees to provide, if aired by the "City". ' 14. CER CATE OF OCCUPANCY; , Occupancy will be issu until all improvements are complet ~~ the .~Cl~ and ~ ~~, ~ of entered into an addend agreement stating when the ~ have developed; and in any a ent, no Certificates of Occupancy hall benissued in an ~leted in a phased improvements have not een installed, completed, and accepted by the "Cif ;y phase in which the AGREEMENT (AZ-03-025 - BLUE MARr,Tl~ PAGE 9 OF 13 15. A ordinances of the or his assigns, hei Conclusions ofl, 16. ~O~ shall be deemed dE United States Mail, as follows: DE BY ALL CI'ry O~INANCES: That "Owner" agrees to abide by all ity ofNleridian and the "Property" shall be subject to de-annexation ifthe owner or successors shall not meet the conditions contained in the Findings ofFact and ~, this Development Agreement, and the Ordinances of the City of Meridian. 'ICES: Any notice desired by the parties and/or required by this Agreement ivered if and when personally delivered or three (3) days after deposit in the •egistered or certified mail, postage prepaid, return receipt requested, addressed OWNER/DEVELOPER: c% t City 33 E Engineer Idaho Ave. ion, ID 83642 Winston H. Moore PO Box 82(}4 Boise, Idaho 83707 with copy to: City lerk City Meridian 33 E, daho Ave. Meri an, ID 83642 16.1 17. ATTt hereto concerning the relief as may be gram competent jurisdiction and shall survive any A Party shall have the right to change its address by delivering to the other PAY a written notification thereof in accordance with the requirements of this section. IZNEY FEES: Should any litigation be commenced between the parties Agreement, the prevailing Party shall be entitled, in addition to any other d, to court costs and reasonable attorney's fees as determined by a Court of This provision shall be deemed to be a separate contract between the parties efault, termination or forfeiture of this Agreement, 18. TIME S OF THE ESSENCE: The parties hereto acknowled a and a is strictly of the essenc with respect to each and ev t g !fie ~ time the failure to timely p form any of the obligations erettnder~shall onsh'tutela bree7ac~h of and a default under this Agre ent by the other party so failing to perform. 19. BI1VD G UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the p 'es' respective heirs, successors, assi including "City's" co orate authorities and their successors in offi~~ This A~r~rentnsh~al~l be binding on the "Owner" ofthe `p'roperty", each subsequent owner and anyotherperson interest in the `drop '. Nothin herein shall in an wa ~~g an g y y prevent sale or alienation of the AGREEMENT (A~03-025 - BLUE MARLIlri) PAGE 10 OF I3 • ~ "~'aPerty", or po 'ons thereon except that any sale or alienation sha11 be subject to the provisions hereof and any suc essor owner or owners shall be both benefited and bound by the conditions and restrictions herein xpressed. "City" agrees, upon written request of"Owner" to execute and recordable e ' ence of termination of this Agreement if `City' ~ appropnate a. , discretion, had det ed that Owner' has fully performed its obli ~hons undelreth~is Areasonable ~ greement. 2Q• ALID PROVISION: If any provision of this Agreement is held not valid by a court of competent urisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity ereof shall not affect any of the other provisions contained herein. 21. FIN AGREEMENT': This Agreement sets forth all promises, inducemezrts, agreements, conditi nand understandings between "owner" and "City" relative to the subject matter hereof; and there ar no promises, a~'eements, conditions ar understanding, either oral or written, express or implied, etween "Owner" and " City', other than as are stated herein. Except as herein otherwise provided, o subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the arties hereto unless reduced to writing and signed by them or their successors in interest or their signs, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No c ndition governing the usesand/or conditions govemirig ro-zoning of the subject "Pro arty" herein provided for can be modified or amended without the approval of the C ty Council after the "City" has conducted public hearing(s) in accordance with then tice provisions provided for a zoning designationand/or amendment in force at the ' e of the proposed amendment. 22. EFF date the Meridian t connection with the Clerk. TIV~E DATE OF AGREEMENT: This Agreement shall be effective on the Council shall adopt the ~nendment to the Meridian Zoning Ordinance ~ vexation and zoning of the "Property" and execution of the Mayor and City AGREEMENT {AZ-03-025 -BLUE MARLIIIT) PAGE 11 OF 13 ! i ACI{NOWLED NTS IN SS WHEREOF, the parties have herein executed this agreement and made it effective hereinabove provided, OWNER/DEVELOPER: STON OO CITY OF MERIDIAN BY: MAYOR T e VVEERD Attest: ~~ c.~ Cfa~rmcc,?~ ~ 19-05 '~ CITY CLERK $~L ~~~ STATE OF IDAHO ) ~ ss ' COUNTY OF ADA ) . On thi "~ day of v't 2005, before me, a Notary public, perso ly appeared WINSTON H. OGRE kaown or identified to me to be the person who executed a instrument and aclmowledged to me that he have executed the same. T10TARy * : ...~ ~: PUBLIC ,l Notary public f • Idaho Residing at: ~,,~ Commission expires; _ QcT AGREEMENT (A2r03-025 - BLUE MARLIi~ PAGE 12 OF 13 ~~ ~ ~ ~ STATE OF IDAH ) ss Couttty of Ada ) On 's~y~'~' ~,y of /~. ; 2005, before me, a Notary Public, personally appear Tammy de Weerd and Willi G. Berg, Jr., know or identified to me to be the Mayor and Clerk, spectively, of the City of Meridian, who executed the instrument or the person that executed the in ent of behalf of said City, and acknowledged to me that such City executed the same. ,~,.~ ~~CE L. s'~ (SEAL) ~••' tiA ~ O A ~~,~~q w * ~ ~ r ~ # v,~ AUB 1C _ OF 1D I :..• DEVBLOPMENI' {A~03-25) PAGE 13 OF 13 ' ~ ~, iblic for Idaho at: r-; i rte. ion expires; ~J C~ April 7, 200b VAC 06-003 MERIDIAN CITY COUNCIL MEETING April 11, 2006 APPLICANT Creekside, Ir1C. ITEM NO. 5-E REQUEST Resolution -Request for a Vacation of a drainage easement between Lots 2 and 3, Block 18, Champion Park Subdivision No. 3 - 2484 East Garber Drive AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: COMMENTS Se® attached Resolution MERIDIAN SCHOOL DISTRICT: _ D ~ ADA COUNTY HIGHWAY DISTRICT: /~ SANITARY SERVICE COMPANY ~~ CENTRAL DISTRICT HEALTH: / NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~ ~C~ Date: ~0 ~ Phone: d~$~~~~ Emailed: C,~1.a.~L~~/1 @ Q.nc~ 58 Fc.}t c~~ Sj. bf Z Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridtan. ADA COUNTY RECORDER J. IQ NAVARRO AMOUNT .00 ~ BOISE IDAHO 04/27/06 02:1 DEPUTY Neaua Haney II I I I II it I II I II I II I I II II I'I'I I I I II III RECORDED-REQUEST OF Meridian City 10~~~4~+t3>~ CITY OF MERIDIAN RESOLUTION NO. ®~ _ ~lO BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION VACATING A DRAINAGE EASEMENT BETWEEN LOTS 2 AND 3, BLOCK 18 OF CHAMPION PARK SUBDIVISION N0.3, AS SHOWN IN BOOK 93 OF PLATS ON PAGES 11149-11153, RECORDS OF ADA COUNTY, IDAHO AND LYING IN THE SOUTHEAST 1/ OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 1 EAST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on Apri14, 2006, the City Council of the City of Meridian, held a hearing on the vacation of a drainage easement between Lots 2 and 3, Block 18 of Champion Park Subdivision No, 3, as shown in Book 93 of plats on pages 11149-11153, Records of Ada County, Idaho and lying in the Southeast 1/ of Section 32, Township 4 North, Range 1 East, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a drainage easement between Lots 2 and 3, Block 18 of Champion Park Subdivision No, 3, as shown in Book 93 of plats on pages 11149-11153, Records of Ada County, Idaho and lying in the Southeast % of Section 32, Township 4 North, Range 1 East, City of Meridian, Ada County, State of Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". VACATION OF DRAINAGE EASEMENTS-CHAMPION PARK SUBDIVISION #3 Page 1 of 2 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~l ~ day of /~~y~y'0 2 , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ,~;~/ a , 2006. ATTEST: CITY CLERK a`~~„irnui~~r ~~~~i `~ *a ,~`` '~ ~ ®® i v fA ~~ ~ ~ 0 ~ ~®~ ~ ~ 4 ~~ 4 f S 'a ~~ fsffjB~roP0it88 8889®&®~aa0 de WEERD STATE OF IDAHO, ) ss County of Ada ) On this ~ ~~' day of ,~p~'1 I , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .••~ M G~. •. • • ~ ;'C~ ~ • , • ' ~ i t (SEAL ~ ~ ~ OTARY PUBLIC FOR IDAHO ',tJ~~~, ` ; RESIDING AT: _ ~® •y,~'~t~IC .-0 ~.~ MY COMMISSION EXPIlZES: !C~' ~ °~~ .~~pj,; .~P,~~• VACATION OF DRAINAGE EASEMENTS-CHAMPION PARK SUBDIVISION #3 Page 2 of 2 .~~ ~`~'~ Q~G ~ `L~~ ,~ Legail Descrip 'an ~'v ~Q- ~ ~~-'~ot 2, Black 18 -- Drainage Easement Vacation ~~ og ~~~ Champivln Park Subdivision No. 3 c~~~ 4 An easement lying in Lot 2, Block 18 of Champion Park Subdivision No. 3, as shown in Book 93 of plats on paged 11149-11153, , r®cords of Ada County, Idaho, and lying in the SE 1/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more parpcularly described as follows: BEGINNING at a %z inch diameter iron pin marking the southeasterly comer of said Lot 2; Thence N 66°08'58" W along the southerly boundary of said Lot 2 a distance of 5.00 feet to a point; Thence leaving said southerly boundary N 23°33'50° E a distance of 135.01 feet to a paint on the northerly boundary of said Lot 2; Thence S fib°09'00° E along said northerly boundary a distance of 5.00 feet to a 1 inch diameter iron pin marking the norkheasterly comer of said Lot 2; Thence S 23°33'50" W along the easterly boundary of said Lot 2 a distance of 135.01 feet to the POINT OF BEGINNING. This parcel contains 675 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC February 15, 2006 OVAL LAN,p 5~ E G ~~ ~~ .~ a 11118 c- ~Zl+r~~~ z !~ ~TF ~ F `aP gv yT~AI W . NPR ~.~~~1 ~lutiaa~~ Champion Park LLA Lot 2 Easement Vacation Job No. 06-04 • i • • ,L~.gal ascription Lot 3, Block 18 -Drainage Easement~Vacation Champion Park Subdivision No. 3 An easement lying in Lot 3, Block 18 of Champion Park Subdivision No. 3, as shown in Book 93 of plats on pages 11149-11153, records of Ada County, Idaho, and lying in the SE 1/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a % inch diameter iron pin marking the southwesterly comer of said Lot 3; Thence N 23°33'50° E along the westerly boundary o~ said Lot 3 a distance of 135A1 feet to a % inch diameter iron pin marking the northwesterly comer of said Lot 3; Thence S 66°09'00° E along the northerly boundary of said Lot 3 distance of 5.00 feet to a point; Thence leaving said northerly boundary S 23°33'50° W a distance of 135.01 feet to a point an the southerly boundary of said l.at 3; Thence N 66°08'58° W along said southerly boundary a distance of 5.00 feet to the POINT OF BEGINNING. This parcel contains 675 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC February 15, 2006 ~A~ ~a s y G~ ~' ~`~ o d 11118 Z/~r/oc s ~~,~y~T f o ~ `o ~~~a o~w_NP Lr~~~ ~lu~ti+~r~~ Champion Park LLA Lot 2 Easement Vacation Job No. 06-04 • April 7, 2006 MERIDIAN CITY COUNCIL MEETING April 11,2006 APPLICANT ITEM NO. S-F REQUEST Permanent and Temporary Easement Contract for Liberty Development Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: _ }~ CITY SEWER DEPT: 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: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings sha0 become properly of the City of Meridian. • .~~:m .~.~ ~ m APR 1 ~ ~~ Cify ®f 1~9eridian Cify Clerk ®ffic~ Memo To: Tammy de Weerd, Mayor From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 04/12/2006 Re: Execution of the Permanent and Temporary Easement Contract for the Ten Mile Diversion Trunk Project The Public Works Department respectfully requests the enclosed contracts be signed and fully executed by the mayor. These contracts were approved by the City Council on April 11, 2006. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. ~ Page 1 • SANITARY SEWER EASEMENT THIS INDENTURE, effective this 23~d day of February , 2006, by the undersigned Libe Development Inc., who maintains a mailing address of 2364 Titanium Place, Meridian, ID 83642, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, inconsideration of the benefits to be received bythe Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of--way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A-1, A-2 and B-1, B-2, B-3) The permanent easements hereby granted are for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The temporary construction easements are for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. SANITARY SEWER EASEMENT, Page 1 of 2 • THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove w itt c°''_.. development Inc. n A. Laude, Sr., President STATE OF IDAHO) ) ss County of Ada ) On this day of qn , 2006, before me ~(-yaacr~,~r Yti(o ~C2 , personally appeared ~,~ l.•acc~E ,proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the within instrur~~d acknowledged that they executed the same. ~~ ~~ ~~~ y ~pT AR y ..~'. 1~' ~ PUBV ~:~0 My Commission Expires on ®3 • z 3-~ o A' ,,,,,~~e ~~,,,,,,,~ v~ ~aY~. ~~ Date approved by Council: A®c- I 11. `~~>~ ~ SANITARY SEWER EASEMENT, Page 2 of 2 Beneficiary: CITY OF MERIDIAN • • Project: 11873 Parcel No: 51 21 031 50001 Date: November 17, 2005 Revised: February 9, 2006 EXHIBIT A-1 PARCEL DESCRIPTION PERMANENT SEWER EASEMENT That portion of the Southeast 1/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Center ~/a of Section 10; thence along the Northerly boundary of the Southeast ~/a of said section, South 89°11'03" East, 192.09 feet to the POINT OF BEGINNING; thence continuing along said boundary, South 89 ° 11'03" East, 30.91 feet; thence South 13 ° 08'26" East, 23.44 feet; thence South 00°45'28" West, 122.29 feet; thence South 89 ° 11'31" East, 496.1 Z feet; thence South 58 ° 22'06" East, 51.70 feet; thence South 27°32'42" East, 431.77 feet; thence South 13°40'04" East, 113.49 feet; thence South 00°00'15" East, 69.32 feet; thence South 88°26'43" East, 17.02 feet; thence South 01 ° 33'1 T' West, 147.73 feet to the Northerly right-of-way of the Oregon Short Line Railroad; thence along said right-of-way, North 88°27'03" West, 20.00 feet; thence North 01 ° 33'17" East, 117.73 feet; thence North 88 ° 26'43" West, 26.21 feet; thence North 00°00'15" West, 94.92 feet; thence North 13 °40'04", West, 106.25 feet; thence North 27°32'42" West, 419.85 feet; thence North 58 ° 22'06" West, 35.16 feet; thence North 89°11'31" West, 517.85 feet; thence North 00°48'22" East, 148.21 feet; thence North 13°08'26" West, 27.66 feet to the POINT OF BEGINNING. Containing 0.991 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodsre. P.L.S. o ~ ~~ 8575 Z-9 -off s ?~~ 9Tf D F \~P V~ ~Yq~ 0 M ~~O RMH /TLK:Ihc P:\PHK\11873-Black Cat\Easements\Final Easements\Pine Trunk\LibertyDev-Perm.doc ~ CENTER 1/4 COR. SEC. 10 S89'11'03"E S89'11'03"E 192.09' 30.91' 1 S13'08'26°E 44' '-- ~_ 23 . P.O.B.J N13'08'26"W I I N ' 27.66 i I ~y . I I^ - r I NI 13 3 1 I'~ ;~' I I ~ I I ~ S8991'31 "E 498.12' ~ I ~•--------- o -ti---------~ ' ' " I ° I z L------------ - ~~_S58 22 O6 E ~ 51.70' ` \ N89'11'31"W 517 85' --~~ ~ . ~ ~ N58'22'06~ ~ ~~ 35.16' ~ ~ ~ ~ \ ` ` \ ~~ ~~ ~ a , , , \ u+a 2 ~ \ a ~ ~ ~ , ~ , ~ ~ \ ; J L ~ ~ ~, , ,, ,, ~, ~,~ '~ `;~ . , , ~, , ~ ~s ~ ~ . ~ SCALE: 1 "=100' ~~ ~~ ~ ~ ~ ~ ~ w Z; f , w ~g11 1 ~~° ~; ; , ~ ~ W I ~ 3 j in ~- I °M o I O N I ~ Q~ ~~ O p j p o~i ~ I$ ~ ` Z I L_ l 0 I ' 857 ' " ~ ~ , ' N88'26 43 W~ ' ^ I Ir ~~ Z- y •OG ~0 26.21 ~ ~ I I I ~~N lE ~F `~ ~~• ~~ p ~~ ~ ~ ~• M M I I ~- c I I ~° zL J N88~7'03°W ' 20.00 rws oacureENr, a~ron~ one aNO o~°NS wmRaoaa~D N61EW ~°"""'°°°° ~"°~"~`"'~ ~ EXHIBIT A-2 SHEET ~~~~'~'~~ ~.:"~ _ auam+cm~~ns,m..,vm~eNOrTOaeuam,wwNO~eorevan, r~ aNV on~m er~crwrtxourr~m vvarrreY ~~~~~ . (J V B ~ LIBERTY DEVELOPMENT 1 AUTlIORVATI~i OF.W~B ENOwECI7l.6m, DBAWMD NO.: DflA7N"~'' B"' ~ PERMANENT SEWER E °F O RENIBI D ON BV TE DEB~NI Bw ,~ CHECIQ:D BY• RNH .a.,,.,~,.. ASEMENT 1 Project: 11873 Parcel No: 512103150001 Date: November 17, 2005 Revised: February 9, 2006 • EXHIBIT B-1 PARCEL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT That portion of the Southeast ~/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Center ~/a of Section 10; thence along the Northerly boundary of the Southeast'/a of said section, South 89° 11'03" East, 140.57 feet to the POINT OF BEGINNING; thence continuing along said boundary, South 89° 11'03" East, 51.52 feet; thence South 13 ° 08'26" East, 27.66 feet; thence South 00°48'22" West, 148.21 feet; thence South 89 ° 11'31" East, 517.85 feet; thence South 58 ° 22'06" East, 35.16 feet; thence South 27° 32'42" East, 419.85 feet; thence South 13 ° 40'04" East, 106.25 feet; thence South 00°00'15" East, 94.92 feet; thence South 88 ° 26'43" East, 26.21 feet; thence South 01 °33'1T' West, 117.73 feet to the Northerly right-of-way, of the Oregon Short Line Railroad; thence along said right-of-way, North 88°2T03" West, 73.03 feet; thence North 00°00'15" West, 205.35 feet; thence North 13°40'04" West, 94.17 feet; thence North 27° 32'42" West, 399.98 feet; thence North 58°22'06" West, 7.60 feet; thence North 89° 11'31" West, 554.07 feet; thence North 00°48'22" East, 192.09 feet; thence North 13°08'26" West, 33.97 feet to the POINT OF BEGINNING. Containing 1.763 acres, more or less. • Exhibit B-1 Liberty Development -Temporary November 17, 2005 Revised: February 9, 2006 Page 2 TOGETHER WITH: That portion of the Southeast ~/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Center ~/a comer of Section 10; thence along the Westerly boundary of the Southeast ~/a of said section, South 00°32'30" West, 865.57 feet to the Northerly right-of-way, of the Oregon Short Line Railroad; thence along said right-of-way, South 88°27'03" East, 1,014.84 feet to the POINT OF BEGINNING; thence North 01 ° 33'17" East, 147.73 feet; thence North 88°26'43" West, 17.02 feet; thence North QO°00'15" West, 52.29 feet; thence South 88°2T03" East, 137.37 fezt; thence South 00°50'38" West, 200.02 feet to the Northerly right-of-way, of the Oregon Short Line Railroad; thence along said right-of-way, North 88°27'03" West, 121.41 feet to the POINT OF BEGINNING. Containing 0.573 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 8575 - z-~-~~ ~~ 9lF DF \~P V~ RMH/TLK:Ihc P:\PHK\11873-Black Cat\Easements\Final Easements\Pine Trunk\LibertyDev-Temp.doc a CENTER 1/4 COR. ~ SEC. 10 P.O.B. S89"1 ~ S89'11'0 3"E 1'03"E ~ ~51 52 _ ~ _ ~ S13'08'28"E 27 88' " ~ ~ °~®° N13'08'26"W ' ~ . 33.97 I I N ~~ o~ _ I3 ~ I I N W I N I I I ' ' ` . N °.~ ~ N L 22 O6 E S89'it'31"E S58 517.85' ~ 35.16' , o~ - ----~I~- Z ~ N89'11'31"W - ~~ 554.07' N58'22'OB"W ~~ 7 60' . \ \a, ti~ ~~~ \ \ ~ ~, ~~ \ 1 SCALE: 1 "=100' a~~ ~ \ ` \ \ \ \~~ ,, \ \'~'s `~~~\ ~i°w\ \ \ 1 Z1 1~W mow` 0 rn g 1 > .g ` J ~ 'Ps 1 g1 ~ L ~ I Iw w ~ in 8575 ~ ~ i N i ~ ~ ~ '~~ Z~i•db~° N~ L~ ~o~ lE 0 f `o ~~ I "''~~ O N~ '~~ ~ D ~ , 3 ~ ~ "I gl ~~~ o Z ~ low ~, ~ L __J N88'27'03'W 73.03' TMS ooan~xr, ANO n~ was Ar>o DE9ONS wcoTSOraTeo ~ ~'°~"~""'~' l EXHIBIT B-2 SHEEP waa+ow~ro.ma.aNOrerwrTOeeuam.wwxaeatruc ~~~~~~'~`~ FoaaNron~PRO~CTwrtxairrxEE%PRE88wwireN PRD~r"~ rwrscnte~so . (J•V B ~ LIBERTY DEVELOPMENT 1 AIlfHORQATION OF JLd !, 6ic DRAWwq NO.: oRAVmer: eaPC ~ TEMPORARY CONSTRUCTION EASEMENT of NO REVI ION DESCRIPTION BV DATE DESIDN ~,: TLI( CHECI~D BY: RNH .~.,~ ,.. rte.. 2 N. CENTER 1/4 COR. SEC. 10 ~L ~~ ~. SCALE: 1 "=50' 3 58827'03'E 137.37 N 3 r--__-.___..__.___._ ~ ~ ~ ~ o oil Z~~ ~ I N88'26'43°W 17.02' ~ I I IoN I I O - I I N M nl ~I I I I W IO I I N ;_~ I G I I 2I I I I I S88'27'03°E 1018.84' I --- .J N88'27'03°W 121.41' P.O.B. o~• ~'~ ~ ~ 8575 ,~,, z . y -ob ~o ~oN~rf uF ~ooov~ ~p ~, H nas Docu-tENr, arm TNN mr'A9 ANO Deaians uu•.arsPONnTm SHEET °'""°"°° ~"'°~"~"''"~' l EXHIBIT B-3 bU.B @IOQ~RD. Nn AND I8 NOT TO BE US®, P/ WlIdF OR PART. PIDT3CAIF:IBD ~"~~~"`'~'~~ ~.r ~ (J ~J B ~ LIBERTY DEVELOPMENT 2 FORANY OTF4Ht PROJECT WITRODTTI¢ Ei~RE88 WHITfEN auTN~TN>NOFJ~~wNE~.~ DRAw~roNO ~ ~~ TEMPORARY CONSTRUCTION EASEMENT OF DRAWN ar. BNC -//~ oESroNBY:TUC .y~pt.p~ L NO REVISION DE3CRI BY DATE CHECNED BY: WWi R,ECEI~ APB 0 0 2000 City Of Yleridia~. City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 04/06/2006 Re: Proposed Agenda Item for April 11, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 11 City Council agenda, under Consent Agenda, for Council's consideration. 1. Permanent and Temporary Easement Contract for Liberty Development. Inc. A permanent and temporary easement has been signed Liberty Development, tnc. for the construction of the sanitary sewer on their property in Chesterfield Subdivision for the Ten Mile Diversion Trunk. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the sanitary sewer in Chesterfield Subdivision for the Ten Mile Diversion Trunk and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 SANITARY SEWER EASEMENT THIS INDENTURE, effective this 23'~ day of February , 2006, by the undersigned Libe Development Inc., who maintains a mailing address of 2364 Titanium Place, Meridian, ID 83642, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". W ITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of--way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A-1, A-2 and B-1, B-2, B-3) The permanent easements hereby granted are for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY,_with the free right of access to such facilities at any and all times. The temporary construction easements are for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of--way unto the said CITY, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. SANITARY SEWER EASEMENT, Page 1 of 2 THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove vy itt ~."'-_ STATE OF IDAHO) ss County of Ada ) velopment Inc. A. Laude, Sr., President On this ~ day of a-n , 2006, before me ~~aN,c,ranr Yylo sc~ , personally appeared ~,~ Z..~udE ,proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the within instrur,~id acknowledged that they executed the same. ~~t3~ ~0, e ~'~L~ y •~©TARY i ~•,~" G pUB~'1 .• O ~y~~9 .+•.i iQ'~' ~~ E Ot~ ~+` Beneficiary: CITY OF MERIDIAN By My Commission Expires on o 3 • z ~ -r o Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approved by Council: SANITARY SEWER EASEMENT, Page 2 of 2 r~ I, Project: 11873 Parcel No: 512103150001 Date: November 17, 2005 Revised: February 9, 2006 EXHIBIT A-1 • PARCEL DESCRIPTION PERMANENT SEWER EASEMENT That portion of the Southeast'/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Center'/a of Section 10; thence along the Northerly boundary of the Southeast'/a of said section, South 89° 11'03" East, 192.09 feet to the POINT OF BEGINNING; thence continuing along said boundary, South 89°11'03" East, 30.91 feet; thence South 13 ° 08'26" East, 23.44 feet; thence South 00°45'28" West, 122.29 feet; thence South 89 ° 11'31" East, 496.12 feet; thence South 58 ° 22'06" East, 51.70 feet; thence South 27°32'42" East, 431.77 feet; thence South 13°40'04" East, 113.49 feet; thence South 00°00'15" East, 69.32 feet; thence South 88 ° 26'43" East, 17.02 feet; thence South 01 ° 33'1 T' West, 147.73 feet to the Northerly right-of-way of the Oregon Short Line Railroad; thence along said right-of-way, North 88°27'03" West, 20.00 feet; thence North 01 ° 33'17" East, 117.73 feet; thence North 88°26'43" West, 26.21 feet; thence North 00°00'15" West, 94.92 feet; thence North 13"40'04", West, 106.25 feet; thence North 27°32'42" West, 419.85 feet; thence North 58 ° 22'06" West, 35.16 feet; thence North 89°11'31" West, 517.85 feet; thence North 00°48'22" East, 148.21 feet; thence North 13°08'26" West, 27.66 feet to the POINT OF BEGINNING. Containing 0.991 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. R 8575 ~. Z-9 -off ~ ~ 9Tf OF \~P V~ °Nq~ D M ~~O RMH/TLK:Ihc P:\PHK\11873-Black Cat\Easements\Final Easements\Pine Trunk\LibertyDev-Perm.doc CENTER 1/4 COR. ~ sEC. 1 a S89'11'03"E S89'11'03"E 192.09' 30.91' - -~--'~V~S123 44'6"E ~ ` . P.o.e. ti N13'a8'26"W I I N ' 27.66 I I _ ~ I _ NI j3 I 3 I I'd I N 10 NI 10 ~ I I ~ S89'11'31 "E o ~ ~---------~ 498.12' --------~ S58'22'O6`E ~ ~ °z I I------------- --- ` ~ 51.70' ~~ N89'11'31`W 5 17 85' ~~ ~ . ~ \ N58'22'06"W ~ ~~ 35.16' ~ ~ ` ` \`~ \`` ~ \ ~ ~ ~ ~ ~ ~ ~ ~ ~ tia' ;~, ~ ~ ;~ ~~'• t ~ ~ `~ J L , ~~ ~ , , ~ ~ ,~ ,~ \\ ` ~, ~ ~~~=~ . , SCALE: 1 "=100' ~~ ~~ ~ ~ ~ ~ w , mo Z; w ~ ~ ~g o ~g~ ~~°~. ~ ; , ~ W 1 ~ 3 j 1 iO- I c +N i o ~ ri ~ j n I o~ I I P~ y~ S ~ ° ~0 ~ ~ i z I ~ 857 I ~ I IM ' ' " O ~ ~ ~' N88 26 43 - W ^ I I ' 26.21 ~,, z-y-oG ~° r + ~' p sp E O F p I I ~ v~' i i~ y ~~ ~ ~ ~~ ~ Y. ~i iM "~ I I ~- oI IN Zl. J N88'27'03~ 20.00' TN18 oo~ata~nr. A'ro TN6 mEAB ANC DEBICU19INraRVOnn7m "~~°NA'""'°° °A°~"~"TA'~' l EXHIBIT A-2 SHEET ASANOF.eERVICB.~7HE PROPENTY~ iUd .bm. AND IB NOfTO8E l1~D•PI MXQ.E OR FRRf• PoRANY QfNHi PROJELf N7fNOUTTIff E~~ wNnTO+ PADJ. t. ,,BT! ~~~~~ ~J•U B LIBERTY DEVELOPMENT 1 AUTNORI2ATWN OF.WB . Yw DMW WO NO.: ~ ~~+~~ aA~ PERMANENT SEWER EASEMENT °F DE8R81 ~: TLI( .~,.,~.. ~. ,.. 1 NO REVISION DESCRIP170N BY DATE Cl~CI~D BY: p1191 Project: 11873 Parcel No: 512103150001 Date: November 17, 2005 Revised: February 9, 2006 EXHIBIT B-1 • PARCEL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT That portion of the Southeast ~/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Center ~/a of Section 10; thence along the Northerly boundary of the Southeast ~/a of said section, South 89° 11'03" East, 140.57 feet to the POINT OF BEGINNING; thence continuing along said boundary, South 89 ° 11'03" East, 51.52 feet; thence South 13 ° 08'26" East, 27.66 feet; thence South 00°48'22" West, 148.21 feet; thence South 89 ° 11'31" East, 517.85 feet; thence South 58 ° 22'06" East, 35.16 feet; thence South 27°32'42" East, 419.85 feet; thence South 13 °40'04" East, 106.25 feet; thence South 00°00'15" East, 94.92 feet; thence South 88°26'43" East, 26.21 feet; thence South 01 °33'1T' West, 117.73 feet to the Northerly right-of-way, of the Oregon Short Line Railroad; thence along said right-of-way, North 88°2T03" West, 73.03 feet; thence North 00°00'15" West, 205.35 feet; thence North 13 ° 40'04" West, 94.17 feet; thence North 27°32'42" West, 399.98 feet; thence North 58 ° 22'06" West, 7.60 feet; thence North 89°11'31" West, 554.07 feet; thence North 00°48'22" East, 192.09 feet; thence North 13°08'26" West, 33.97 feet to the POINT OF BEGINNING. Containing 1.763 acres, more or less. Exhibit B-1 Liberty Development -Temporary November 17, 2005 Revised: February 9, 2006 Page 2 TOGETHER WITH: That portion of the Southeast'/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Center'/a corner of Section 10; thence along the Westerly boundary of the Southeast'/a of said section, South 00°32'30" West, 865.57 feet to the Northerly right-of-way, of the Oregon Short Line Railroad; thence along said right-of-way, South 88°2T03" East, 1,014.84 feet to the POINT OF BEGINNING; thence North 01 ° 33'17" East, 147.73 feet; thence North 88°26'43" West, 17.02 feet; thence North 00°00'15" West, 52.29 feet; thence South 88 ° 2T03" East, 137.37 feet; thence South 00° 50'38" West, 200.02 feet to the Northerly right-of-way, of the Oregon Short Line Railroad; tf~ence along said right-of-way, North 88°27'03" West, 121.41 feet to the POINT OF BEGINNING. Containing 0.573 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. a 8575 ~ 9rE 0 F \~P ~<" o,~,qC D ~ boo RMH/TLK:Ihc P:\PHK\11B73-Black Cat\Easements\Final Easements\Pine Trunk\LibertyDev-Temp.doc CENTER 1/4 COR. ~ SEC. 10 P.O.B. S89'11'03`E S89'1 1'0 3"E ~ ~ ~ _ ~5 1_52~ S13'08'26`E 6' 7 '' 11 ~--y0'~N13`08'26'W ' ~ 2 .6 33.97 I I I N I~ o) I3 rn) IN I I~ w N I N I ° ` ' ' . I t n S89'11'31 `E ' S56 06 E 22 35 16' ° L _ _517.85 ---~ . - ol z \ J L N89'1 t 31 "W 554.07' N58'22'O6~ ~ 7.60' \ \ \ s ~~~ y~ \~~ ~ ~ ~ ~~ 1 a ~ ~ SCALE: 1 "=100' ~ \ ~ ~ ~~~ ~ ~~~s ~\ ~ ~iO~~ ~ ~ ~ ~ ~ ~ ~ ~ \ 1 1 Z1 ~~ w ~- p, `~= 1 ~ ~a ~ 1 o< I W W ~' I Io; ~oN 8575 ~ I I I ° ~ ~ N y '"~- z ~i -ob ° ~ O N I I L ~ 'r ! ~~ E o F ~~ v~ I Ngl ~~~ I o ~. ~ a ~ ~I I oI ns l oI Z ow I !n L...~ N88'27'03"W 73.03' "~~°"""""°° nos Dor~rr, AND rNe SAND ®aNS weoawrurm NEREW CADFlI.E:08EfIfYASb, !- EXHIBIT B-2 SHEET nsrwwsrwea8rr~rnor~~aNU.s~xnc~.~en~PrsoPertna~ rAa.ci~e~s wR ANY ~ raaecr wrtROUr n+E awRe3s wRrtrai '~°''~`""~~"°~~°~"~°'°"'"'~°"`""` '~~'~ cJ-U-B ~ LIBERTY DEVELOPMENT 1 AUTHORQAnON OG.W.B BNOIN®V4 kw. DRAW WO NO.: ~ of ORAWNa+` ~ TEMPORARY CONSTRUCTION EASEMENT DESbN Sr: nx .>a".rye,.. 2 NO REVISION DESCRIPTION BY PIi DATE CHECIQ:D SY: MOI N. CENTER 1/4 COR. SEC. 10 ,] L ~~ SCALE: 1 "=50' 3 588'27'03"E 137.37' o ~ ~--------- -~ M M' ~' o `~' PNI I O LL I I Z I I N88'26'43"W ~ I 17.02' I I I IN I~ I IN I I ^I ^I I'Qm I I Y• WI Ig ~I I" M I °I ZI I ~ I I S88'27'03"E 1018.84' I I N88'27'03"W 121.41' P.O.B. off, L'4H' 8575 ~ , ~~z-~r-ob~o ?~pN~rE O F ~DOO~4~ (p ~ , ~- ~°'~'"°' ~^D~~A~ l EXHIBIT B-3 T198D~UYENT,ANC Ti I0EA8~wcoRPORAT®YHiEP! SHEET .w.s.tmAtmIBNOTTD~DeED.BiWNOLEOftPART. PLDTSCILLE:1~0 ~~.U~B , "~""°"~"""~"~'"'°""`'~"~"'~ PP4LC"~ LIBERTY DEVELOPMENT 2 FORANY Qfh~R PfIOIECI' WRHOUf TF¢E>~ WRITT~V Al1THORiZATION OF.W~B EN601@'RQ, 6n DMW WO NO.: DRAwReY: aArc ~~ TEMPORARY CONSTRUCTION EASEMENT of DF810N ~Y: TUC .~,.. ~.~. `L NO REVI90N DE9CRIPfWN BY GATE CHECI~D BY: RMH April 7, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT 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 WEALTH: 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. April 11,-2006 ITEM NO. S-G COMMENTS See alfiached Beer, Wine & Liquor License Renewals for Approval by City Council on April 11, 2006 Business Address Type of License 127 Club 127 East Idaho Avenue Beer & Liquor Baja Fresh Mexican Grill 1440 N. Eagle Road Beer Baja Taco 1725 W. Franklin Road Ste. 120 Beer & Liquor Big Smoke LLC #6 234 W. Franklin Road Beer & Wine Bill N- Lynns Back Room 229 W. Franklin Road Ste 101 Beer & Liquor Carrabba's Italian Grill 3284 E. Pine Avenue Beer & Liquor Chicago Connection 1629 N. Main Street Beer & Wine Chicago Connection 1935 S. Eagle Road Beer & Wine Cigarette Store, Inc., The 200 E. Fairview Avenue Beer Corona Village 21 E. Fairview Avenue Beer & Liquor Dancing Dog Coffee House 10 W. Franklin Road Beer & Wine El Tenampa 906 N. Main Street Beer & Liquor Fred Meyer #198 1850 E. Fairview Avenue Beer & Wine Fusion Asian Grill 3161 E. Fairview Avenue Beer & Wine Goodwood Barbecue Co. 1140 N. Eagle Road Beer & Liquor Harks Corner 1651 W. Franklin Road Beer & Wine Idaho Pizza Company 405 E. Fairview Avenue Beer & Wine Jackson's Food Store #1 412 E. Fairview Avenue Beer & Wine Jackson's Food Store #105 3291 E. Pine Avenue Beer & Wine Jackson's Food Store #11 1585 S. Meridian Road Beer & Wine Jackson's Food Store #35 522 W. Cherry Lane Beer & Wine Jackson's Food Store #56 66 E. State Avenue Beer & Wine Jackson's Food Store #97 3100 E. Magic View Drive Beer & Wine Jackson's Food Store #98 1950 E. Fairview Avenue Beer & Wine Jackson's Food Store #99 180 E. Central Drive Beer & Wine Kahootz Steak & Alehouse 1603 N. Main Street Beer & Liquor Limelight 3575 E. Copper Point Drive Beer & Wine Lotus Garden Chinese Restaurant 2120 E. Fairview Avenue Beer Mason's 601 S. Main Street Beer & Liquor Meridian Speedway Ken Hamilton 335 S. Main Street Beer & Wine New Frontier Club 116 E. Broadway Avenue Beer & Liquor New Vintage Wine Shop, A 1400 N. Eagle Road Beer & Wine Pizza. Hut 675 S. Progress Avenue Beer Pizza Hut 1752 W. Cherry Lane Beer Rite Aid #5412 1600 N. Main Street Beer & Wine San Francisco Sourdough Eatery 2044 S. Eagle Road Beer Ultra Touch Car Wash 835 E. Fairview Avenue Beer Whitewater Pizza & Pasta 1510 N. Eagle Road Beer & Wine Whitewater Saloon 1646 N. Meridian Road Wingers, An American Diner 1701 E. Fairview Avenue • Beer & Liquor Beer & Wine Updated 4-07-06 i • April 7, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING April 11, 2006 APPLICANT Public Works Department ITEM NO. 6-A-~ REQUEST Discussion of Proposed Purchasing Policy Update 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 aitached ~~ ~ ~ ~ ~cd Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the Ctiy of Meridian. • R,ECEI~TE~ c~~y ®~ tvl~~~~~ cats clerk office Memo To: Mayor De Weerd & City Council Front: Brad Watson, P.E. CC: File, City Clerk, Stacy Kilchenmann Date: 4/6/06 Re: April 11, 2006 City Council Meeting Agenda Item As you likely recall, the 2005 legislature passed significant changes to public purchasing and public works contracting/procurement statutes (HB 263, I.C. Title 67, Ch. 28). Those changes went into effect on July 1, 2005. We have worked through the City's purchasing policy to reflect those changes and bring it in line with the new legislation. The new legislation, an effort by both public and private entities, simplified and standardized the dozens of different purchasing statutes previously e~asting. While allowing for purchasing to be simpler, the new statutes create greater accountability on the part of public agencies and their staffs by imposing greater penalties. Following is an excerpt from an article in Creating Qualify Cities, November 2005, by Jeny Mason: The purchasing process is made more cost-effective for local governments and the state. It better defines procedures for procuring goods and services including a pre-qualification process for contractors, documentation of semi-formal purchasing, and providing recourse for disappointed bidders. Violators on the purchasing side shall be exposed to greater penalties at the same time that procedures require heifer record keeping, enabling scrutiny of the competitive bidding process. Purchasing of personal property and commercial services are governed by similar procedures. The end result is a unified purchasing law that simplifies compliance issues for contractors or vendors while standardizing procurement procedures for political subdivisions. The changes better enable education of owners and contractors that should result in increased contracting opportunities for the private sector. • Page 1 • The following table summarizes the previous and proposed bidding, purchasing and procurement rules. Previous Polic Proposed Polic Public Works Construction Semi-formal bidding: Can be purchased in the Less than $25,000 requires 3 written quotes open market. Made in the best interests of the public agency from any qualified vendor. Public Works Construction Requires formal competitive Semi-formal bidding. Must $25,000 to less than bidding. solicit 3 written bids, 3 day $100,000 minimum bid period. Must retain written records for at least 6 months. Public Works Construction Requires formal competitive Requires formal bidding. $100,000 and greater bidding. Allows for contractor pre- ualification rocess. Personal Property & Services Semi formal bidding: Can be purchased in the <$25,000 requires 3 written quotes open market. Made in the best interests of the public agency from any qualified vendor. Personal Properly & Services Requires formal competitive Semi-formal bidding. Must $25,000 to less than $50,000 bidding. solicit 3 written bids, 3 day minimum bid period. Must retain written records for at least 6 months. Miscellaneous Provisions Public agency contracting None Administrative fine up to with unlicensed or improperly $5,000 licensed contractor Public agency official Misdemeanor. up to $300 Criminal penalty up to $5,000 contracting with unlicensed and 6 months jail and 1 year jail or improperly licensed contractor Avoidance of bidding statutes Civil penalty up to $500 Civil penalty up to $5,000 i.e. "bids littin " Other miscellaneous changes to the City purchasing policy include: • Addition of language detailing reporting requirements to the Idaho State Tax Commission. • Changed limit of contracts that must come to City Council from $25,000 to $50,000. • Changed limit of sole source purchasing from $25,000 to $50,000. • Numerous changes to correct Idaho Code references. • Page 2 • • A copy of a bulletin jointly published by AIC, Associated General Contractors and CH2MHill is included in this packet for quick reference to statutes. Finally, I want to thank Stacy Kilchenmann and Ted Baird for all their help and input in getting this revised policy to this point. Thank you for your consideration. • Page 3 Idaho Local Governments ~~r~:~ ~~ t ~ ~.;. ' -- ~;~. ;~; f Y ~ ~. s ~ -. , ., r New Legislation Guide Effective July 1, 2005 ~,~ .~ .~~-~ a ~~ -_- ~ '~ ~- ,.~: ' >~ ~ , ~_ _ M`~~~,a n~~,ti c QG C CH2MHILL ~~~ w rr~ ~~~10 CA1 As a result of amulti-faceted task force of local public agencies, the State of Idaho, public works contractors, state regulators, and design professionals, our local government procurement laws have been greatly improved and simplified. The new law took effect July 1, 2005, and impacts all public works contractor license holders and entities who solicit bids for public works construction and/or services/personal property. This pamphlet contains the following in&~rniation about the changes: • Statement of Purpose of the new la~ti~ • A tablesummarizing how the la~~ applies to contractor licensing, procurement of public cirorks construction and services/ personal property, and exemptions to the law • A list of entities to contact ~s~ith questions or further clarifications When applying the new law to your local jurisdiction, please refer to the relevant statutes and obtain the advice of legal counsel as needed. Complete text of the two bills can be found at the following website links: House Bill 263 (the primary bill) http:!/www3. state, id. usloasislH0263. htncl House Bill 337 (a clarifying bill) http://www3.state. id. us/oasis/H0337.htn~l ~' ~ • i Exemptions to Public Works Contractor Licensure (Those most relevantto Local Governments) Less than $10,000 for construction, Single project with any number of trades alteration,'improvement, orrepair. Less than $50,000for construction, Single project for which no responsive statement of interest was received alteration, improvement or repair licensed contractor, periC~7-2805{1) Any construction, alteration, or repair Pursuant to the provision of, Chapter 10, Title 46 Idaho Code due to an emergency. Public Works Construction Bidding ~_$0 to $Z5,D00 __ __ __ - ~ $25,000 to $100,000 $100,000 and above Public Procurement of Goods and Services Bidding $D o $25,000 No bidding requirements $25,000 to $50,000 Semi-formal bidding: Issue written requests for bids describing goods or services desired to at least 3 vendors. Allow 3 days for written response, unless an emergency exists;1 day for objections. Keep records for 6 months. Accept low bid, or reject all bids. $50,000 and above Formal bidding: Publish bid notice at least 2 vdeeks in advance of bid opening. Make bid specifications available; written objections allowed. May request bid securitylbond. Can reject ap bids if able to purchase more economically in the open market IC 67-2803 (2) IC 67-2806 (1) IC 67-2806 (2) Exemptions to Public Procurement of Goods and Services Bidding .Personal Property Lessthan $25,000 Already competitively bid (piggy-backing) ~ Contracts or purzhases of goods orservices IC 67-2803 (1) IC 67-2803 (2) A A ny mount Payment of Wages IC 67-2803 (3) Any. Amount Personal or professional services performed by an independentcontractor. (Referto info on qualificationsin IC 67-2310) IC 67-1803 (4) - A Am ny ount Procurement of an interest in real property - lease or purchase IC 67-2803 (5) A A ny mount Procurement of insurance IC 67-2803 (6) A A ny mount Costs of Joint Powers participation iC 67-2803':(7) A A ny mount Emergenry Expenditures K 67-1808 (1) IC 54-1903 a ~ 1L 54-1-903 (i) ~ IC 54-1903 (k) No biddin re uirements iC 67-2803 (2} Serni-formal bidding: Issue writtenrequestsfor bidsdescrbingthe-work to at IC 67-Z8~5 (2) least 3 licensed contractors. Allow 3 days for written response, obje~iDns 1 day prior to bid: Keep. recordsfor 6 months.. Accept low bid, or reject all bids.. Formal bidding 2 Options A & B: Category A - Open to all licensed contrartors. Publication requirements Written objections allo><uved. May request'bid security! 1C 67-1805 (3). bond. Acceptiov~ bid or reject all bids. See code for details Category 6 -Open topre-glialified contractors. After;pre-.qualification is determined, the bidding process is in the same manner as CategoryA. Public Works Contractor Licensure Requirements Idaho Code Section I $0 to $10,000 No licensure re uirement - - - 1C 54-1903 (i) $10,000and above Licensure required ICS4-1903 (i) Joint Purchasing Programs Joint purchasing agreements Political subdivisions may enter into Joint Purchasing agreements with the State of Idaho or other political subdivisions. Personal property procurement shall be in accordance with this chapter. Penalties -Political Subdivisienc~Puh~i~ n~~:~i~ Idaho Code Section IC 67-2807 (1) Administrative fine $5,000 (IPWCLB) Public agency cnntractingwith an unlicensed or improperly licensed contractor IC 54-1914(2). {rimirral penalty up to $5,OQ0 and 1 year -Public agertcy official contracting with an unlicensed or improperly licensed fC 54-120 (Z) in jail (court) contractor Civil penalty up to $5,000 - Againsta >Mllfui-and knowing avoidance of competitive bidding: or procurement statutes I{ 59:1026 political subdivision (court) , "Bid Splitting';. Penalties -Contractors Administrative fine $20,000 (fPWCL6) Publicworks contractor violation of Public Works Contractor Statutes Idaho IC 54-1914 (1) Criminalpenaltyupto$5,000and1year injaik(EOUrt) Public~workscontractorviolationofPublicWorks{ontractorStatutesldaho IC 54-1920(lj Court imposed. injunctive relief Public works contractor actin without alicense- g o.; -- - - i{ 54-1920 (3) E ER... at least three other sections of i ~ - ,~~~ ~ Idaho Code need to be considers ~ - ~ ,fir - C 7-309, 67-2320 & Titls 54 Chapter 191 ' y ~ ~ ~ <~' ~ ` . `yF ~. ,. z ~. . . ~r~ - _-- _ - -- - Public Works Contractors Licensing Bureau (208) 334-4057 ACEC of Idaho (208) 321-1502 Public Works Contractors Licensing Board American Council of Engineering Companies (Idaho State Division of Building Safety) Local HighwayTechnical Assistance Council (208) 344-0565 Idaho Associated General Contractors (208) 344-2531. Idaho De t. of Admin. Division of PublicWorks P (208) 332-1911 Association of Idaho Cities (208) 344-8594 Idaho Trans ortation De artment P p (208)334-8859 Idaho Association of Counties (208) 345-9126 Ada Coun Hi hwa District tY 9 Y (208) 387-6100 Idaho Association of Highway Districts - (208) 345-5176 Southwest Idaho/Eastern Ore on Buildin 9 g (208)859-6484 Idaho Society for Professional Engineers (208) 426-0636 and Construction Trades Council Idaho School Administrators Association (208) 345-1171 Idaho Rural Water Association (208) 343-7001 Idaho School Boards Association (208) 8541476 Idaho American Institute of Architects (208) 388-8536 • This bill is the work of ~ broil-spectrum task force, including private contractors and public of~ jicials, to improve the accountability and e~ciency of the public works procurement avid construction process. Among the central components of this bill are: (1) improvements to the public works contractor licensing process through better reporting of information; (2) increased responsibility for license holders; (3) clarification of jurisdiction for the public works contractor licensing board and (~) increased consequences for ethical or performance failures by public works contractors.; The purchasing process is made more cost-effective for local governments and the state. It better i' defines procedures forprocuringgoods and services including apre-qualification process for contractors, I documentation of semi formal purchasing, and - rovidin recourse or disc ointed bidders. p g .f pp Violators on the purchasing side shall be exposed to greater penalties at the same time that procedures require better record keeping, enabling scrutiny of the competitive bidding process. Purchasing ofpersonal property and commercial services are governed by similar procedures. The end result is a unified purchasing law that simplifies compliance issues for contractors or vendors while standardizing procurement procedures for political subdivisions. The changes better enable education of owners and contractors that should result in increased contracting opportunities for the private sector: i• ~ ~a _~ ~, t CITY OF ~'_=~ J:.. eri~i~-n --~ t~ [DANO ~~ f CA_ ~~"T~~ rBr TgFtisuatV~t 1 03 PURCHASING POLICY ~RECEIVEd? APR 0 ~ 2006 City ®f Meridian city clerk of~~~ Adopted Subject: Purchasina Policv Puraose: Commodities and services purchased in the public sector represent a direct cost to the taxpayer. Every purchase that City employees make is subject to public scrutiny. Competition and best value are the central principles of public procurement. The rules and regulations in this policy were developed to encourage competitive solicitation for sound value, guard against favoritism and profiteering and promote the interest of local economies by providing equal opportunities to compete for government business. References: Procedure detail can be found in specific purchasing and expenditure processing field memorandum. See Attachment A I. DEFINITIONS A. Public Purchasing: The purchasing or procurement of an item or a service that meets the need of the City, at the best price, from the most responsive and responsible vendor. B. Idaho Code (I.C.): This policy refers to several Idaho Statutes. See ~ Fornaa~ea: Bullets and Numbering Appendix A for a list of all statutes that impact public purchasing. C. Public Works Construction: Public works construction does not pertain only ~ ~~^ctea: Bullets and Numbering to those projects undertaken by the Public Works Department. Statute and this policy cover any construction, repair or reconstruction of any public work (including, but not limited to, buildings, pipelines, irrigation, drainage facilities, curbing, and numerous "specialty construction° types of work). See I.C. 54-1901 for further definition and types of work subject to the requirements of th~olicy. D. Bid Documents: A set of documents, made available to bidders, that may ~ Formatted: Bullets and Numbering include an invitation to bid, instructions to bidders, bid form, general conditions, supplemental general conditions, special provisions, technical specifications, drawings, or other information necessary to adequately convey the characteristics of the item or service being sought. II. PURCHASING ETHICS AND VENDOR RELATIONSHIPS Every City employee has a personal responsibility to conduct government business in an ethical manner and assure the integrity of the City purchasing and procurement processes. Department managers are responsible for adherence to City and State purchasing rules and regulations. A. Prohibitions The City has adopted the following state statutes in regard to purchasing prohibitions: 1. I.C.#67-5726 -Conflict of interest regarding the holding of contracts or selling to the City property or supplies by City employees. 2. I.C.#67-5726 -Prohibition regarding the influencing or conspiring to influence public purchasing decisions and contract awards. Attempts at influence may include kickbacks and bribes, peddling or payment of a fee, back door selling, hard-sell tactics, fraternization, or offering gifts to avoid following published procedures or gain advantages. 3. I.C.#67-5726 -Circumventing Purchasing Authorization -Prohibits efforts by employees to obtain products or services by avoiding the competitive process by splitting purchases, creating false emergency situations and non-use of City-wide contracts. B. Code of Ethics All City of Meridian employees responsible for procuring goods or services shall: 1. Follow the rules and regulations of the City of Meridian and the laws of the state of Idaho. 2. Avoid activities that would compromise or give the perception of compromising the best interests of the City. 3. Reduce the potential for any charges of preferential treatment by actively promoting the concept of competition. 4. Act as good custodians of public money by obtaining maximum benefit for funds spent. 5. Never solicit or accept money, loans, credits or prejudicial discounts, gifts or entertai~nt material in nature (generally exceeding), favors or services from your present or potential suppliers, which might influence or appear to influence purchasing decisions. C. Vendor Relationships Developing and maintaining good relationships with our suppliers is important. Maintain and practice, to the highest degree possible, business ethics, professional courtesy, and competence in all transactions. Adhere to and protect the supplier's business and legal rights to confidentiality for trade secrets, and other proprietary information. III. PURCHASING AUTH~ITY: Each Department Director or designethin the City shall have the authority to acquire goods or services in accordance with the following guidelines. A. Goods And Services ~ Formatted: Bullets and Numbering 1. Purchases Up To $1,000 ~ Formatted; Bullets and Numbering Each Department Director or designee can make purchases up to $1,000 at their discretion without competitive bidding as long as the expenditure is within their appropriated budget. 2. Purchases From $1,000 to $5,000 ~ Formatted; Bullets and Numbering Such purchases can be made with the approval of the Department Director and must be accompanied by a signed purchase order. The approval should take place when the purchase order is issued, before any obligation has been incurred. If the item is already on contract or an open purchase order, a purchase order is not required but the initial contract purchase order should be referenced on the invoice. 3. Purchases More Than $5,000 and Less Than $25,000 Such purchases can be made with the approval of the Department Director and must be accompanied by a signed purchase order. The approval should take place when the purchase order is issued, before any obligation has been incurred. If the item is already on contract or an open purchase order, a purchase order is not required but the initial contract purchase order should be referenced on the invoice. Each Department's City Council Liaison must sign all purchase orders in this range. 4. Purchases More Than $25,000 and Less Than $50,000 These purchases require semi-formal, written bids in accordance with I.C. 67-2806(1). Also required is the issuance of a purchase order. Each Department's City Council Liaison must sign all purchase orders in this range. See Section IV. See I.C. 67-2803 for exclusions. 5. Purchases $50,000 Or Greater Expenditures at this level must go through a formal bid process in compliance with I.C. 67-2806(2). See Section V. See I.C. 67-2803 for exclusions. 6. Specialized Repair More than $25,000 and Less Than $50,000 ~ Formatted: Bullets and Numbering Repair of specialized equipment that is NOT considered a "public work" as defined by statute may utilize semi-formal bidding. Examples of repair work that may qualify under this provision include supply well pumps, heavy rolling stock, previously sole-sourced process equipment and specialty wastewater equipm~ Examples of repair work that would not otTalifv under this provision are passenger vehicles, office buildings, pipelines, and irrigation facilities. The Department Director must secure approval from their department liaison prior to proceeding with semi-formal bidding under this provision. B. Public Works Construction 1. Projects Up To $25,000 Contracts that are less than twenty-five thousand dollars ($25,000) may not have to be semi- or formally bid, provided such contracts or purchases are guided by the best interests of the City. 2. Projects From $25,000 To $100,000 Contracts require semi-forming bidding. See Section IV. 3. Projects Greater Than $100,000 Contracts require formal bidding. See Section V. 4. Public Works Licensure Statute requires that all public works contractors hold a valid and work-specific public works license from the State of Idaho where the cumulative value of the work to be completed exceeds $10,000. The City also encourages the use of licensed public works contractors for projects under this statutory limit. ' Formatted: Bullets and Numbering Formatted: Bullets and Numbering ' Formatted: Bullets and Numbering ' Formatted: Bullets and Numbedng ' Formatted: Bullets and Numbering IV. SEMI-FORMAL BIDG • A. Minimum Requirements. At least three bids must be obtained if possible' Formatted: Bullets and Numbering and at least three of those must be from vendors with a significant Idaho presence (if possible). There is no maximum number of bids. Semi-formal bidding must comply with I.C. 67-2806(1). Idaho Code Section I.C. 67-2349 defines significant Idaho presence as follows: "For the purposes of this section, any bidder domiciled outside the boundaries of the state of Idaho may be considered as an Idaho domiciled bidder, provided that there exists for a period of one (1) year preceding the date of the bid a significant Idaho economic presence as defined herein. Significant Idaho presence shall consist of the following: 1. That the bidder maintain in Idaho fully staffed offices, or fully staffed' Formatted: Bullets and Numbering sales offices or divisions, or fully staffed sales outlets, or manufacturing facilities, or warehouse or other necessary related property; and 2. If a corporation be registered and licensed to do business in the state of Idaho with the office of the secretary of state." B. Format. The request for bid must be written. It must be documented with Formatted: Bullets and Numbering the date, company name and person providing the bid and be signed by the City employee obtaining the bid. At least three (3) days must be allowed, unless an emergency situation exists, for a written response. Allow one (1) business day after deadline for receiving bids for objections. C. Splitting of Requirements: Acquisition requirements shall not be divided to ~ Formatted: Bullets and Numbering avoid compliance with bidding statutes, rules, or policies. I.C. 59-1026 provides fora $5,000 civil penalty to an entity for willfully and knowingly °splitting° or separating purchases to avoid bid statutes. D. Award of Bid. The award shall be made to the bidder offering the lowest Formatted: Bullets and Numbering acceptable bid. If a bid is not acceptable, retain written explanation of the reason. This provides support documentation in the event of challenge by an unsuccessful bidder. If the lowest bid is not acceptable, all bids must be reiected. Awards may be made in any of the following ways. (Documentation demonstrating the semi-formal bid process was followed must be forwarded to the Finance Department with the first request for payment.) 1. Lowest Cost. Generally, awards are made to the lowest cost responsible bidder. Responsible bidder is defined as the vendor whose bid conforms in all material respects to the request for bid and reflects the lowest acquisition price. Comparisons of costs should include all costs, including such items as delivery costs, setup charges, removal charges, labor charges, any additional materials required, and other elements described in the bid. 2. Best Value Bighted Cost. To determine best value a'Tnreighted analysis may be used. In a weighted analysis, cost is only one factor in determining the award. Other factors may include evaluation of specifications, comparative performance examinations, vendor references, product usability, flexibility, maintenance, company resources, previous experience, etc. To assure a fair determination of award, identified factors are weighted according to importance in the overall purchasing decision. Relative scores are assigned to each factor, including price, to determine the lowest acquisition cost. All identified factors to be used in awarding the bid must be contained in the written Request for Bid. 3. Life-Cycle Costing. Awards may also be made to bidders offering the lowest life cycle cost. Life-cycle costing means the total cost of an item for its entire life span. It includes initial purchase price, operating supplies, maintenance, repairs, salvage value, and disposal costs. E. Tax Commission Requirements ~ Formatted: Bullets and Numbering 1. Within thirty (30) calendar days after Council awards a contract to a public works contractor, the Finance Department shall notify the state tax commission that the contract has been awarded and shall provide to the state tax commission the name and address of the prime contractor. See I.C. 54-1904A. 2. If material or equipment is purchased or supplied by the City of ~ Formatted: Bullets and Numbering Meridian, who is exempt from sales and use taxes, for subsequent use or installation by a public works contractor, then the use by the contractor is subject to use tax. For example, if a contractor has a public works contract to build a structure using materials owned and supplied by the City, the contractor is the consumer of the materials and is subject to a use tax on their value. This tax falls directly upon the contractor and not the owner of the property. See Idaho Administrative Rules 35.01.02.12 V. FORMAL BIDDING • Formal bidding is generally used for construction projects, tangible property and in instances where the purchaser knows what they want and the goal is to obtain the best price. Requests for proposals are generally used for services and in cases where the need is known but the solution is not (examples: consulting engineers, architects, project manager, planning consultants). Formal bidding must comply with I.C. 67-2806(2). Bidding must follow the following applicable steps: A. Develop Specification. The term °specification° refers to a description of Formatted: Bullets and Numbering the characteristics or a commodity or service required. It is the explicit requirement furnished with a solicitation upon which a purchase order or contract is to be based. Specifications are written not to restrict bidding but to encourage open competition. The goal is invite maximum reasonable competition. See Section X for allowable exceptions to formal bidding. Checklist for Specifications: 1. Specifications should be clear and accurate, yet simple. They should Formatted: Bullets and Numbering not be so specific that a loophole eliminates competition and allows a vendor to take advantage of the purchaser. 2. Specifications should be as flexible as possible. Inflexible specifications defeat the competitive bid process. 3. Specifications must be written so it is easy to check that the product or service meets the specification. 4. Specifications should be reasonable. 5. Specification should be as fair as possible and allow for competitive bidding by several bidders. B. Procedure for Bid Solicitation Notice. The notice inviting bids must set the date and place for the bid opening. The first publication shall be at LEAST two (2) weeks before the date of the bid opening. A longer time period might be preferable. Notice must be published at least twice, not less than one (1) week apart, in the official newspaper of the City. The bid opening must be at least one (1) week after the second notice publication. The notice should succinctly set forth the project to be done. Bid notice information must be forwarded to the City Clerk at least one full week before the first public notice is to appear. The Public Works Department is responsible for publishing that department's bid notices. The notice must list the location of for obtaining Bid Documents as well as the name of the project manager. The City may require a deposit or charge for bid documents. 2. Pre-Bid Confere~. Pre-bid conferences may be held to expldl'n the item or project requirements. They should be announced to all prospective bidders known to have received an Invitation to Bid. The conference should be held long enough after the Invitation to Bid has been issued to allow bidders to become familiar with the project but long enough before the bid date to allow consideration of the conference results in bid preparation. Nothing in the pre-bid conference can change the Invitation to Bid or Bid Documents unless a change is made by written addendum. If a transcript is made, it shall be a public record. A pre-bid conference is an excellent way to receive bidder input prior to a bid opening. Bidders have the opportunity to point out inconsistencies in specifications or provide suggestions on technical specifications that may benefit the City. C. Addenda To Bid Documents 1. Addenda Format. Addenda to bid documents shall be identified as such and shall ask that the bidder acknowledge receipt of all addenda issued. The addendum shall reference the portions of the Invitation for Bid it amends. 2. Addenda Distribution. Addenda shall be sent to all prospective bidders known to have received the invitation to bid. The City Clerk or Project Manager shall notify all prospective bidders by fax or mail. 3. Addenda Timelines. Addenda shall be distributed within a reasonable time to allow prospective bidders the opportunity to adjust bid preparation. If the date and time previously set for the bid opening do not accommodate such preparation the bid opening time must be increased and once again all prospective bidders notified by the City Clerk or Project Manager. A bid opening time should be documented in the addendum. D. Bid Opening And Evaluation 1. All bids must be received in the City Clerk's office by the date and time ~ Fomratted: Bullets and Numbering specified in the Invitation to Bid. 2. All bids must be signed. ~ Formatted: Bullets and Numbering 3. No bid received by the City may be withdrawn after the time set in the Formatted: Bullets and Numbering notice for the opening. 4. The project manager prepares the bid tabulation sheet before the bid ~ Fomu~tted: Bullets and Numbering opening. 5. The City Clerk publicly opens the bids at the time and place stated in the' Formatted: Bullets and Numbering public notice. No person is denied the right to be present at the opening of bids. The first items read are the signature and the bid security 9 information. If t111sinformation is not available the bid is void aR8 cannot be considered. 6. The City Clerk hands the bids to the Project Manager for review. The Project Manager: a. Checks that bid security is included, if required b. Checks that acknowledgement of addenda is included. c. Reference HVAC/Mechanical/Electrical subs if required d. Fills out and totals bid schedule e. Reads responsive bid amount out loud f. States who the apparent low bid is g. States that all bids will be evaluated for arithmetic correctness and other items as deemed appropriate h. Announces the date that a recommendation of award will be presented to the City Council. 7. Bid results are available in the City Clerk's Office to all interested parties. 8. If the Lowest responsible bid is less than or equal to $25,000 Council action is not required. (The Mayor must sign all City contracts) 9. If two or more bids are the same, the City Council may accept the one it chooses. If no bids are received the Council may make the expenditure without further compliance with this section. E. Council Action For Formal Bid Decisions City Council Agenda. Staff recommendations are placed on the Consent agenda. If the item is controversial or reflects policy that has not been addressed it can be added to the Council agenda for discussion. Council may also pull Consent items and ask for discussion with staff. At their discretion staff may choose to not place the item on the consent agenda and may present the contract to the Council as a regular agenda item. 2. City Council Action. The City Council may: a. Accept staff recommendation; b. Approve an alternate bid in accordance with state statute and City policy; c. Defer action and request more information; d. Reject all bids and re-advertise; e. After rejecting bids the City Council may, after finding it to be a fact, pass a resolution declaring that the purpose of the expenditure can be realized more economically by day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, it may fulfill the purpose of the expenditure in the manner stated without further compliance with competitive bidding requirements; Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering 10 f. If no bids are~eived the City may make the expenditure w'ItTiout further compliance with competitive bidding; requirements. This includes buying the material and supplies and/or having City employees do the work; g. The Project Manager shall notify the successful bidder of the award of the bid. F. Mistakes In Bids. Reference Idaho Code 5A-1904 (B - E) for specific reasons for (and ramifications of) withdrawing a bid. G. Additional Requirements for Public Works Construction. 1. Public works contractors have additional requirements for construction ~ Formatted: Bullets and Numbering projects: a. Must be bondable for performance and payment; ~ Formattea: Bullets and Numbering b. Must have a valid Public Works license through the State of Idaho; c. Must have class of license specific to dollar value of project; d. Must satisfy additional insurance requirements as stated in the project specifications or bid documents; e. Hold certain specialty license, as required by State of Idaho. H. Tax Commission Requirements 1. Within thirty (30) calendar days after Council awards a contract to a ~ Formatted: Bullets and Numbering public works contractor, the Finance Department shall notify the state tax commission that the contract has been awarded and shall provide to the state tax commission the name and address of the prime contractor. See I.C. 54-1904A. 2. If material or equipment is purchased or supplied by the City of Meridian, ~ Formatted: Bullets and Numbering who is exempt from sales and use taxes, for subsequent use or installation by a public works contractor, then the use by the contractor is subject to use tax. For example, if a contractor has a public works contract to build a structure using materials owned and supplied by the City, the contractor is the consumer of the materials and is subject to a use tax on their value. This tax falls directly upon the contractor and not the owner of the property. See Idaho Administrative Rules 35.01.02.12 11 IV. REQUEST FOR PRO~AL A. Purpose. A request for proposal is generally utilized in the acquisition of services or complex purchases. A RFP describes a problem or need in general terms and seeks a written response including pricing information, which describes the solution or means of providing the property requested by the request for Proposal. Price might be an evaluation criterion for proposals, but will not necessarily be the predominant basis for contract award. B. Specific Statutory Requirements. Specific criteria are applicable to professional service contracts with design professionals (engineers, architects and landscape architects), construction managers, and professional land surveyors. These criteria are described in Idaho Statute 67-2320 State Government and State Affairs, Chapter 23, Miscellaneous Provisions, Professional Service Contracts With Design Professionals, Construction Managers And Professional Land Surveyors. C. Procedure. To choose between a request for proposal or competitive formal orsemi-formal bidding, consider the following factors: 1. Whether the relative skills, expertise, or technical capability of the offers will have to be evaluated. 2. Whether the cost is secondary to the characteristics of the property or service sought, as in a work of art. 3. Whether the conditions of the service, property or delivery conditions are unable to be sufficiently described in the Invitation to Bid. 4. Whether the acquisition is for highly complex or technical property of services and evaluation of the vendor's approach, management capabilities, innovation, or other technical factors are secondary to cost. D. Problem Statement. The RFP is written so that potential offerers understand the problem they are being asked to address or service they are to provide. Any limits or conditions that apply must be included. The RFP must state in general terms all of the evaluation factors and their relative importance, including price. E. Evaluation of Proposals. The evaluation must be based on the evaluation factors set forth in the RFP. Numerical rating systems are generally used but are not required. Factors not specified in the Request for Proposal shall not be considered in evaluating offers or determining award of contract. F. Award 1. A written determination shall be made explaining how the award was found to be most advantageous for the agency based on the evaluation criterion set forth in the Request for Proposal. 2. If only one proposal is received in response to a Request for Proposal, the City, as it deems appropriate, may make an award, reject the proposal, or if time permits, re-solicit for the purpose of obtaining additional proposals. 12 VII. DETERMINATION OED TO CONTRACT i A. A contract may be established as the result of a bid or a RFP. Agreements where someone is performing a service defined by the City that will exceed $5,000 generally require a written contract. B. The Mayor must approve contracts for $50,000 or less. C. All contracts exceeding $50, 000 shall be placed on the City Council consent agenda. if the Council requires discussion they can be pulled from the consent agenda and discussed. Staff may also request such contract not be placed on the consent agenda. D. The City Attomey must review all contracts for legal adequacy. E. All contracts must be signed by the Mayor, with City Clerk attestation to Mayor's signature. F. The original signed copy of every contract must be retained in a central file in the City Clerk `s office. The City Clerk shall forward a signed copy to the Finance Department for payment verifications. G. The City Attomey should be consulted on any decision made to declare a breach of contract due to failure to perform. Formatted: Bullets and Numbering Formatted: Bullets and Numbering 13 XIII. LEASES (City as Les~e) • A. The City may enter into lease agreements. If practical, the City is encouraged to use the competitive bidding process. Market conditions and the urgency of the City's needs are factors to be considered in determining whether to use a competitive bidding process. B. All leases exceeding $25,000 will be placed on the City Council consent agenda. /f fhe Council requires discussion they can be pulled from the consent agenda and discussed. C. The City Attorney must review all lease agreements for legal adequacy D. The Mayor must sign all lease agreements and City Clerk attest to Mayor's signature. E. The original signed copy of every lease agreement must be retained in a central file in the City Clerk's office. The City Clerk will forward a copy to the Finance Department for payment verifications. * Leases of City-owned property shall be governed by the provisions of I.C. 50- 1409 Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering 14 XIII. RISK MANAGEME~ND INSURANCE REQUIREMENTS A. Public Works Department Projects. The Public Works Department is Formatted: Bullets and Numbering responsible for ensuring that all insurance requirements are met for their projects. Public Works will maintain necessary documentation in their offices and have available for audit upon request. B. Non Public Works Department Projects. Project Managers for all other City ` Formatted: Bullets and Numbering contracts that require insurance will be responsible for obtaining proof of insurance and having the documents available for audit upon request. C. Worker's Compensation Insurance. Providers of services to the City may Formatted: Bullets and Numbering be required to file a certificate of Workers Compensation Insurance. Each department is responsible for ensuring a copy of the certificate is filed with the contract if appropriate. Contact the City Treasurer to determine if the certificate is necessary. 15 X. EXCEPTIONS TO CO~TITIVE BIDDING A. Cooperative Bidding The Department may use the established state, federal, city, or county contracts to make purchases. The Division of Purchasing contract information is located at: htto://ww~2.state.id us/adm/ourchasina/aavinfo htm In accordance with I.C. 67-2803(1) and 67-2807(1), departments may also piggyback on other city or county bids within six months of the original bid award if the pricing is consistent the original bid and the bid process followed I.C. Title 67. All bid documentation must accompany the purchase order. City employees are strongly urged to use State of Idaho contracts. State contracts are developed to include price, delivery, reporting capability and other beneficial services. They meet the important competitive bidding criteria and save the time and effort the employee spends shopping around. B. Emergency Purchasing Per I.C. 67-2808(1), any sum may be expended by the City in the event of an emergency such as "extraordinary fire, flood, storm, epidemic or other disaster, of it is necessary to do emergency work to prepare for national or local defense or to safeguard life, health, or property.° The Mayor must declare the emergency and provide expenditure approval. Such contracts may not be for a period that exceeds one year. C. Sole Source Purchasing -Purchases under $50,0000 Per I.C. 67-2808(2), competitive bidding requirements may be waived if the there is only one vendor for the goods or services to be acquired: Sole source acquisitions must be approved by the department's liaison prior to purchase. Examples of sole source purchases: • Where the compatibility of equipment, components, accessories, computer software, replacement parts, or service is the paramount consideration • Where a sole supplier's item is needed for trial use or testing • Purchase of video's, books, or other copyrighted materials • Purchase of property for which it is determined there is no functional equivalent • Purchases of public utility services 16 • D. Professional or Consultant Services -Contracts Less Than $50,000 Professional service contracts less than $50,000 may be entered into without formal bidding or a request for proposal. Professional service contracts require review by the City of Meridian Attorney for legal adequacy and the Mayor's signature. Consultant Services: Work rendered by either independent individuals or firms who possess specialized knowledge, experience, and expertise including but not limited to such areas as management, personnel, finance, accounting, planning and data processing. The consultant's work will be performed according to the consultant's methods without being subject to the control of the City. Professional Services: Work rendered by an independent contractor who has a professional knowledge of some department of teaming or science. This includes but is not limited to accounting and auditing, legal, education, engineering, architecture, and research. Special conditions exist for professional service contracts/agreements with design professionals (engineers, architects and landscape architects), construction managers, and professional land surveyors. See Idaho Code 67-2320 E. Use of Correctional Industries The City can purchase Correctional Industry furniture and other goods or services without competitive bidding. The City may also utilize Idaho Department of Correction labor crews without competitive bidding. F. Procurement of an interest in real property. I.C. 67-2803(5). G. Procurement of insurance. I.C. 67-2803(6). Formatted: Bullets and Numbering 17 XII. PAYMENT PROCE~G A. Access Purchase Order System. This system was designed to bring uniformity to the City's purchase orders and to give Departments their actual budget balance at any given time. To maintain accuracy it is important that all purchases be entered into the system, regardless of amount. Purchases under the purchase order requirement dollar limit may be entered in the system without generating an actual purchase order. This system is not linked to the City's accounting system so the balance in the purchase order system must be balanced to the accounting system financial reports on a monthly basis. B. Purchase Order Requirements 1. The purpose of a purchase order is to obtain and document approval to purchase BEFORE the purchase is made. The purchase order should be completely filled out prior to approval. 2. All fields on the purchase order should be filled out: a. Bill To: City Hall address b. Ship To: Purchaser's Location c. Complete vendor name and address d. Item description, account coding and price e. Reason for purchase 3. There is a cost associated with generating purchase orders. Recognizing this the City does not require purchase orders for purchases under $1,OOO,items on an existing contract (reference original purchase order number on invoice), or utility charges. C. Invoice Routing. All invoices will be processed and paid by the City's Finance Department. All vendors should be directed to use one address, the City Hall address: City of Meridian Attn Accounts Payable 33 East Idaho Meridian, Idaho 83642 D. Invoice Processing. Central accounts payable will open mail and distribute invoices to the correct departments. Statements will be retained and reviewed in Accounts Payable. 1. All receiving documents must be initialed and dated and included with the payment invoice. 2. Upon receipt of invoice, departments will match receiving documents, purchase orders if appropriate, bid documents if appropriate, to invoices. Formatted: Bullets and Numbering Formatted: Bullets and Numbering 18 3. Each invoice will tamped with a stamp that provides Accou~ Payable with the information necessary to enter the invoice in the accounting system. This information includes Account number or numbers, Purpose of Purchase, and Approval Signature 4. Completed invoices should be sent back to the City Hall Accounts Payable office as soon as necessary documents are assembled. All invoices for the month MUST be received in Accounts Payable by the 5th of the following month. 5. Purchase orders or either the department head or the City Council liaison must sign invoices before they are sent to Finance. 6. Accounts Payable will batch department payment requests and generate and mail vendor payments. Invoice is paid the 10th of the month following the date of the invoice. 7. Review of Purchases. The accounting department will review invoices for compliance with City and statutory rules and regulations. However the primary responsibility for the propriety of the expenditure rests with the Department Director who signed the invoice. E. Opening Credit Accounts For purposes of good internal control the use of store lines of credit shall be discouraged. The decision to open a line of credit is the responsibility of the Finance Director. City employees are not authorized to open lines of credit and apply for and receive charge cards. Such accounts shall be canceled. 19 X111. SURPLUS PROPE~ i A. Definition Of Surplus Property. Personal property owed by the City where the cost of maintenance, transportation, storage, or other costs exceed the economic or useful life of the property. B. Disposal. Surplus property will be disposed of in the manner that maximizes the value received by the City of Meridian in accordance with the following guidelines: All employees of the City, including their spouses, dependents, or any person acting on the employee's behalf, are prohibited from acquiring surplus property form the City UNLESS the property is acquired through a competitive bid process, such as an auction or sealed bid. C. Guidelines. The following guidelines determine the method used to dispose of property. 1. Nominal Value: a. Item has a value of zero or less than what it would cost to dispose of the property. b. Dispose of item by donating to charitable organization that qualifies under Section 501(c) and 501(c)(19) of the Internal Revenue Service or to any state or local govemment pursuant to I.C 50-1405 or: c. Dispose of item at local refuse site or have it removed by outside party willing to pay for removal. 2. Less Than $1,000 Value Formatted: Bullets and Numbering Formatted: Bullets and Numbering a. Sell or transfer to another state or local govemment pursuant to I.C. ~ Formatted: Bullets and Numbering 50-1405 without public advertisement or competitive bid or: b. Sell at public auction conducted by a licensed auctioneer or: ~ Formatted: Bullets and Numbering c. Sell to the highest bidder in response to notice of public sale ~ Formatted: Bullets and Numbering advertised for at least one week in a newspaper of general circulation. 3. Greater Than $1,000 Value a. Sell at public auction conducted by a licensed auctioneer or: ~ Formatted: Bullets and Numbering b. Sell after receipt of sealed bids to the highest responsible bidder after Formatted: Bullets and Numbering notice of public sale. 20 D. Exceptions. Withroval from the City Council and the Mayor items of greater than nominal value may be donated to 501(c)(3) and 501(c) (19) charitable organization or to the state or other local governments pursuant to I.C. 50-1405. E. Procedures For Disposal 1. To dispose of an item a Property Disposal Authorization Request must be completed. See Attachment B, Property Disposal Authorization Request. 2. Once the form is complete it should be routed as follows: a. Signature (and date) of Department Director. b. Send to Finance Department. Accounting will review the form for completeness, sign, and date. c. Accounting will route to Mayor for approval, Mayor will sign and date and return to accounting. d. Accounting will return the Property Disposal Authorization Form to the requesting Department so they can proceed with disposal. A copy of the form will be maintained in Accounting. e. Once the property is disposed of the Department will note on the form the final disposition of the property and forward to Accounting with asset change form. f. It is the responsibility of each Department to document actual final disposal of the property. Failure to do so will be noted on the monthly property disposal report prepared for the Mayor and Council. g. Accounting will update the fixed asset system and remove the item. Accounting will retain the documentation for audit purposes. h. Once a month accounting will prepare a report for the Council summarizing the month's disposal requests and actions. The Council President will initial the report indicating that it has been reviewed. H. SURPLUS REAL PROPERTY Follow requirements of I.C. Title 50, Chapter 14. 21 Appendix "A" Idaho Statutes Regarding Purchasing, Contracting and Procurement Public Works Contractor Licensure Requirements I.C. 54-1903 (i) Exemptions to Public Works Contractor Licensure I.C. 54-1903 (i) & (k) Public Works Construction Bidding I.C. 67-2803 (2) & (3) Public Procurement of Goods and Services Bidding I.C. 67-2803 (2) I.C. 67-2805 (2) ~ (3) Purchasing By Political Subdivisions I.C. Title 67, Chapter 28 Exemptions to Public Procurement of Goods and Services Bidding I.C. 67-2803 (1) through (7) I.C. 67-2806 I.C. 67-2808 (1) Joint Purchasing Program I.C. 67-2807 (1) Penalties -Political Subdivisions/Public Officials I.C. 54-1914 (2) I.C. 54-1920 (2) I.C. 59-1026 Penalties -Contractors I.C. 54-1914 (1) I.C. 54-1920 (1) 8~ (3) Related Statutes I.C. Title 54, Chapter 19: PUBLIC WORKS CONTRACTORS I.C. 67-2309: WRITTEN PLANS AND SPECIFICATIONS FOR WORK TO BE MADE BY OFFICIALS -AVAILABILITY I.C. 67-2320: PROFESSIONAL SERVICE CONTRACTS WITH DESIGN PROFESSIONALS, CONSTRUCTION MANAGERS AND PROFESSIONAL LAND SURVEYORS I.C. Title 50, Chapter 14: DISPOSAL OF SURPLUS REAL PROPERTY 22 • April 7, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT PUblic Works Department ITEM NO. ~p _ A -Z. REQUEST Agreement with United Water AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shop become properly of fhe City of Meridian. COMMENTS April 11, 2006 Department Reports • April 7, 200b Department Reports MERIDIAN CITY COUNCIL MEETING April 1 1, 2006 APPLICANT City Attorney's Office ITEM NO. 6-8-~ REQUEST Discussion of Draff Ordinance for Park Hours AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: C/uV- MERIDIAN SCHOOL DISTRICT: ~ (S 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 Ctiy of Meridian. • CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 13, CHAPTER 2, SECTION 7 OF THE MERIDIAN CITY CODE TO ALLOW THE PARKS DIRECTOR AUTHORITY TO SUSPEND THE CLOSURE TIME OF THE CITY PARKS; AND PROVIDING FOR A SUMMARY; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDL~N, IDAHO: Section 1. We hereby amend Title 13, Chapter 2, Section 7, of the Meridian City Code as follows: 13-2-7: CLOSURE OR SUSPENSION OF CLOSURE BY ORDER OF THE DIRECTOR: The pParks and Recreation Director has the authority to temporarily close any park, or any portion thereof, at such times as he deems necessary to protect the park, or in the best interest of the city. The Parks and Recreation Director further has the authoritygrant a suspension of the nark closing time at such times as he deems in the best interest of the ci .Ord. 03-1031, 7-22-2003, eff. 9-1-2003) Section 2. That pursuant to the affirmative vote of one-half (1 /2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2006. APPROVED: ATTEST: MAYOR CITY CLERK SUSPENSION OF PARKS CLOSURE -Page 1 of 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.06- PROVIDING FOR AN AMENDED ORDINANCE TO ALLOW THE PARKS DIRECTOR AUTHORITY TO SUSPEND THE CLOSURE TIME OF THE CITY PARKS An Ordinance of the City of Meridian amending Title 13, Chapter 2, Section 7 of the Meridian City Code to allow the Parks Director to allow the Parks and Recreation Director the authority to suspend the closure time of the City Parks. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2006 William. L.M. Nary City Attorney SUSPENSION OF PARKS CLOSURE -Page 2 of 2 April 7, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING April 11, 2006 APPLICANT Mayor's Office ITEM NO. 6-C-Z REQUEST Hubble Homes Presentation 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: ~ ~~~ ~\4~~ ~~~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CHy of Meridian. q b ~° ~ .~. 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N O N rn a ~. 0 7~ rn n ~v a n rn C1 C 70 rn A - .. c ~ ~ .. r WIII B®rg Page 1 of 1 From: Shelly Houston Sent: Tuesday, April 11, 2006 3:10 PM A~~ ~ ~ ~~o~ To: Will Berg Cit~-ofMeridian Cc: Tammy de Weerd; Franklin Henthom City Clerk Offic® Subject: Don Hubble Presentation Tonight Don Hubble wants to make his Habitat for Humanity lot presentation during tonight's City Council meeting since he has other business on the agenda tonight and wlll be there anyway. The presentation can be part of the Mayor's Department Report. As luck would have it, I have another meeting tonight and can't be there to snap photos. I'll leave our digital camera out and someone else will have to point and shoot. Thanks Shelly Shelly A Houston Community Communications Coordinetar Office of the Mayor City of Meridian Meridian City Hall 33 E. Idaho Avenue, Meridian, ID 83642 Office: (208) 884-2468 ext 252 Cell Phone: (208) 890-4476 Fax: (208) 884-8119 Visit us online at www.meridiancity.org 4/l l/2406 ~ ~ April 7, 200b Department Reports MERIDIAN CITY COUNCIL MEETING April 11,2006 APPLICANT Parks Department /Police Departmetn ITEM NO. 6-D-1 REQUEST Park Land next to Police Station default Agreement with Snake River Racing 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: J2 V`-'~ ~ 1l?~4lL S'~ S~ OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • u April 7, 2006 FP 06-014 MERIDIAN CITY COUNCIL MEETING April 11, 2006 APPLICANT Dyver Development, LLC ITEM NO. $ REQUEST Findl Plat approval of 29 residential lots and 8 common lots on 8.57 acres in R-8 and R-15 zones for Medford Place Subdivision -3335 South Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Staff Comments No comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL C/C April 11, 2006 IN THE MATTER OF THE APPLICATION OF DYVER DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 22 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS, 7MULTI-FAMILY RESIDENTIAL BUILDING LOTS, AND 7 COMMON LOTS ON 8.57 ACRES IN R-8 AND R-15 ZONES LOCATED AT 3335 SOUTH EAGLE ROAD IN A PORTION OF THE NE 1/ OF THE NE 1/ OF T. 3N., R. lE., SECTION 29 CASE NO. FP-06-014 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on April 11, 2006, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: April l 1, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING MEDFORD PLACE SUBDIVISION LOCATED IN A PORTION OF THE NE % OF THE NE % OF T. 3N., R. lE., ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MEDFORD PLACE SUBDIVISION / (FP-06-014) Page 1 of 3 SECTION 29, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 01/20/06, SHEET 1 OF 3, BAILEY ENGINEERING, INC.", DYVER DEVELOPMENT, LLC, Developer, is Conditionally Approved subj ect to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: April l 1, 2006, listing 19 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Bailey Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS ORDER OF CONDTITONAL APPROVAL OF FINAL PLAT FOR MEDFORD PLACE SUBDIVISION / (FP-06-014) Page 2 of 3 CJ The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not morethantwenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ ~ ~' day of ~ ~1 , 2006. t~~y+yyyy~uie~r er.~ y,~Y ® 6 :, ~ ATTES ~~ a ~~ ~~ ~~ ~' WILLIAM G. BERG, JR., C CL>~ ~ ,~ A' ,,, Copy served upon: ~ Applicant'~~ >>, - ~,~.~°~~ Planning and~~'c~,i~gyI~~°artment .~ Public Works Department City Attorney B rty Cler c's Office de WEERD Dated: ~ - ~,1- Q Lp ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MEDFORD PLACE SUBDIVISION / (FP-06-014) Page 3 of 3 CITY OF MERIDIAN PNING ACID PUBLIC WOII`KS"~1~`PA~MENTS STAFF REPORT r,' ~a•~w~r~~ i~~f~~~'~~ STAFF REPORT: Hearing Date: April 11, 2006 - ~.,, Transmittal Date: Apri16, 2006 ~tt~ ~ ~ ~°~ ~ ruta~c~ ~' TO: Mayor and City Council ~~'' ,~. FROM: Kristy Vigil, Assistant City Planner ~ ° Michael Cole, Development Services Coordinator ~ C- SUBJECT: Medford Place Subdivision Request for Final Plat Approval of Medford Place Subdivision Consisting of 22 Single-family Residential Building Lots, 7Multi-family Residential Building Lots, and 7 Common Lots on 8.57 Acres in the R-8 and R-15 Zones, by Dyver Development, LLC. (File# FP-06-014) We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUNIlVIARY & LOCATION The applicant, Dyver Development, LLC, has applied for final plat approval of 22 single-family residential building lots, 7multi-family residential building lots, and 7 common area lots on 8.57 acres of land for Medford Place Subdivision. The approved zoning designations for the proposed subdivision are R-8 (Medium Density Residential) and R-15 (Medium High-Density Residential). The proposed gross density of the subdivision is 5.83 dwelling units per acre. The proposed net density is 7.66 dwelling units per acre. Medford Place Subdivision is located at 3335 S. Eagle Road on the southwest corner of Victory Road and Eagle Road, in the NE % of Section 29, T.3N., R.1 E. A Conditional Use Permit for a Planned Development was approved for this development that allowed for a reduction in the minimum lot size from 6,500 s.f. to 5,000 s.f.; reduction in street frontage from 65' to 50' for lots located on a straight-away and a reduction in street frontage from 65' to 35' for lots located on a cul-de-sac or curve. The seven common lots proposed for Medford Place Subdivision will consist of common area open space and will be owned and maintained by the Medford Place Subdivision Homeowners Association. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Medford Place Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved preliminary plat (PP-OS-043), conditional use permit (CUP-OS-044), and annexation (AZ-OS-042). Exhibit "A" FP-06-014 Medford Place Subdivision FP.doc PAGE 1 CITY OF MERIDIAN` P~NING AND PijBLIC WOR1{S DEPA~MENTS STAFF REPORT 2. The applicant has indicated that Nampa and Meridian Irrigation District will own and maintain the pressure irrigation system within this development, therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Since asingle-point connection is to be used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. 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. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 5. Either graphically depict an easement that protects the gravity irrigation being installed in Lots 10 and 7 Block 2. Or dedicate a blanket easement over Lots 10 and 7 Block 2 that protects the gravity irrigation that is being installed. 6. Graphically depict on the face of the plat the portion of Lot 1, Block 2 that contains the ACRD storm water drainage system easement. 7. The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Any fencing adjacent to common Lot 12, Bock 1, Lots 7 and 10, Block 2, and all fencing adjacent to micropaths shall be restricted to either a 4-foot tall solid fence or a 6-foot tall open-vision fence (maximum). Construct a 6-foot solid fence along the west and north (not required adjacent to Victory Road) property lines, as proposed. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist prior to issuance of building permits. 9. Sanitary sewer service to this site is being proposed via extensions from existing mains in S. Eagle Road. Applicant will be responsible to construct the sewer mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Minimum cover over sewer mains is three feet from finish grade. If there is less than three-feet of cover from the top of the sewer main to sub-grade then alternate pipe materials shall be used per City of Meridian Standard Specifications. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 10. Water service to this site is being proposed via extension of mains in S. Eagle Road. The applicant shall be responsible to install mains to and through this proposed subdivision, Exhibit "A" FP-06-014 Medford Place Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DEPA~MENTS STAFF REPORT coordinate main size and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements for any mains that are required to provide service. 11. No multi-family building shall be erected issued by the Planning Department. NOTE: and the parking lot(s). without a Certificate of Zoning Compliance (CZC) A CZC application may include multiple buildings 12. 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. 13. Remove any buildings that do not meet setback requirements, prior to signature on the plat by the City Engineer. 14. The landscape plan, prepared by The Land Group and dated 03/07/06, shall be revised as follows: a. Move conifers in landscape buffer along Victory and Eagle Roads to the middle of the buffer per UDC 11-3BSC; b. Relocate the two western most conifers located on Lot 12, Block 1 on the west side of the micro path. Conifers are not permitted within 5 feet of a micro path per UDC 11-3B- 12C7. c. Include a 5-foot wide detached sidewalk along Victory Road and Eagle Road on the plan. d. Construct a 20-foot landscape buffer along the western boundary of Lot 8, Block 2. e. Fencing along Lots 7 and 10, Block 2 shall be either 6-foot open vision, or 4-foot solid; revise plan accordingly. f. Include contours for the storm drainage swales located on Lot 12, Block 1. The bottom of the storm drainage shall be vegetated with seed Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 15. Revise or add the following note(s) on the face of the plat prepared by Bailey Engineering, Inc., stamped on 1/20/06 by D. Terry Peugh, prior to signature on the final plat by the City Engineer: 8.) Revise note, "Common driveway and parkins easement ..." 10.) Revise note, "... is prohibited ^~~°•-~°a ~- +~ n'+- ~ r~ •a• r ., > > =.,r=~~~ 11.) Revise note, "Fencing on the common lot line of Lot 12, Block 1 and Lots 7 and 10. Block 2 shall ~ °* ° °~ ~ ~''*- ~*~ 'a' be in compliance Y with the applicable zonins resulations of the City of Meridian at the time of submittal. 12.) Revise note, "...time of submittal and Conditional Use Permit (CUP-OS-0441." 16. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 17. All areas approved as open space shall be free of wet ponds or other such nuisances. All storm water detention facilities incorporated into the approved open space are subject to UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the storm water detention facility cannot be incorporated into the approved open space Exhibit "A" FP-06-014 Medford Place Subdivision FP.doc PAGE 3 CITY OF MERIDIAI~1 PL'~TiVNING AND PUBLIC WORKS DEPAR~'MENTS STAFF REPORT and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 18. Complete the Certificate of Owners, and the accompanying acknowledgement. 19. Staff's failure to cite specific ordinance provisions or terms of the approved development agreement, preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 4. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 5. 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. 6. Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Exhibit "A" FP-06-014 Medford Place Subdivision FP.doc PAGE 4 CITY OF MERIDIAN PL~NING ANb PUBLIC WORKS bEPARTMENTS STAFF REPORT 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, maybe considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. 14. 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Medford Place Subdivision (FP-06-014) with the above stated comments and conditions. Exhibit "A" FP-06-014 Medford Place Subdivision FP.doc PAGE 5 • alley Engineering,lnc. CIVIL ENGINEERING~PLANNING~CADD DATE: April 7, 2006 T0: Mayor and City Council RE: Medford Place Sub (FP-06-014) Dear Mayor and City Council, On behalf of our client we would like to state that Dyver Development, Inc agrees with all Site Specific Comments and Conditions set forth in the final plat for Medford Place Subdivision. Thank you for your time and consideration, Sincerely, ~~~ Aj Lopez 1500 E. Iron Eagle Drive • Eagle, Idaho 83616 • Tel.: 208-938-0013 • Fax: 208-938-0516 www. baileyengineers.com ExhiUit "B" ® '~ April 7, 2006 AZ 05-038 MERIDIAN CITY COUNCIL MEETING April 11,2006 APPLICANT Dyver Development, LLC ITEM NO. 9 REQUEST Public Hearing -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: COMMENTS See attached P>;<Z Item Packet /Minutes See attached Recommendations /Findings OTHER: Contacted: Date: Phone: Emailed: Staff initials: Materials presented at public meetings shall become properly of the City of Meridian. • April 7, 200b PP 05-037 MERIDIAN CITY COUNCIL MEETING April 11,2006 APPLICANT Dyver Development, LLC ITEM NO. 1 ~ REQUEST Public Hearing -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 -- southeast corner 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 HEALTW: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached P&Z Item Packet /Minutes See attached Recommendations / Findings Date: Phone: _ Staff Initials: Materials presented al pubNc meetings shall become properly of fhe City of Merldfan. • April 7, 2006 AZ Ob-007 MERIDIAN CITY COUNCIL MEETING April 11, 2006 APPLICANT Providence Development Group, LLC ITEM NO. 11 REQUEST Public Hearing -Request for Annexation and Zoning of 59.88 acres from RUT to R-8 zones for Solitude Subdivision -south of East McMillan Road and east of North Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached P8~Z Item Packet /Minutes See aHached Recommendations /Findings Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ ~,E~EIVE~ APR 1 2 2006 ~'~~~ ~~ , ~~1eridia~ ' k ®~ce t t°~r rb~ ~ s ~ ~"i _ ~: tr~ ~~. ~•,:. .~ ~~. ~~~: ~~r,t_ P 5 (~~ -. In the Matter of Annexation and Zoning of 38.5 acres from RUT (Ada County) to R-8 (Medium-Density Residential) AND Preliminary Plat approval of 225 single-family residential building lots and 9 common lots on 59.88 acres, for Solitude Subdivision, by Providence Development Group, LLC. Case No(s).: REVISED AZ-06-007 and PP-06-006 For the City Council Hearing Date of: April 11, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 11, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 11, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 11, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 11, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-007/ PP-06-006 -PAGE 1 of 4 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of April 11, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat by Engineering Solutions dated January 13, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. None. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 11, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-007/ PP-06-006 -PAGE 2 of 4 • i exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 11, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-007/ PP-06-006 -PAGE 3 of 4 • By action of the City Council at its regular meeting held on the ~ ~~ day of 1~ , 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, VOTED~]~~~, VOTED VOTED VOTED VOTED °' de WEERD ~~ a .. T~~ ~° ;_ a~ ~~ pY p Applicant ~"rra~rs aoos®oo Co served u on: ~" Manning Department blic Works Department City Attorney B Dated: 9°'- 2~ °' (~l~p i Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-007/ PP-06-006 -PAGE 4 of 4 CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 STAFF REPORT Hearing Date: April 11, 2006 TO: Meridian City Council FROM: Planning Commission Staff: Joe Guenther, Associate Planner Meridian Planning Department 208-884-5533 SUBJECT: Solitude Subdivision • AZ-06-007 ti~ l.!'~5''flF ~~4a ~i r~. 1 *r ~ 117f-o5~-IQ~ ti ~ y~ p" ~~.;~ `-~F ~, ~ e ~~w Annexation and Zoning of 59.88 acres from RUT to R 8 zone • PP-06-006 Preliminary Plat of 225 single family building lots and 16 common lots on 59.88 acres in a proposed R-8 zone 1. SUNIlVIARY DESCRII'TION OF APPLICANT'S REQUEST The applicant, Becky McKay, has applied for Annexation and Zoning (AZ) of 59.88 acres from RUT (Ada County) to R-8 (Medium-Density Residential) and Preliminary Plat approval of 225 single family residential lots and 9 common lots on 59.88 acres. The site is located east of N. Meridian Road, and south of McMillan Road. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on March 2, 2006. At the March 2, 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Becky McKay (applicant's representative) ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Joe Guenther v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Constructing sidewalk along McMillan Road and Meridian Road with the first phase of the development. c. Key Commission Changes to Staff Recommendation: i. Addition of Development agreement standards for sidewalk along Meridian Road along the out parcel. d. Outstanding Issue(s) for City Council: i. None. The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. The Planning & Zoning Commission is recommendin a royal of the ro osed Solitude Subdivision AZ-06-007 and PP-06-006 . At the February 14. 2006 Citv Council meeting the Council voted 3-1 to approve Ambercreek Subdivision which lies adiacent to the property on the west side of Meridian Road with the same provisions for a Development Ageeement as listed in the Staff Report NOTE• Staff has modified the DA provisions to Solitude Subdivision AZ-06-007, PP-06-006 PAGE 1 CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HE• G DATE OF April 11, 2006 include the laneua~e reuarding the annlicant's willingness to construct a pedestrian Dathwa along McMillan Road to the Mendian Road mtersection (see Section 10 1 of the Staff ReaortZ Staff recommended approval of AZ-06-007 and PP-06-006 for Solitude Subdivision as presented in the staff report for the Planning Commission hearing date of March 2, 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 fmdings consistent with the Planning Commissions recommendation. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number(s) AZ- 06-007/PP-06-006 as presented in the staff report for the hearing date of Apri16, 2006, and the preliminary plat labeled PP-1, dated January 19, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number(s) AZ-06- 007/PP-06-006 as presented in the staff report for the hearing date of April 6, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat and you must state specific reason(s) for denial of the conditional use permit.) Recommend Continuance After considering all staff, applicant and public testimony, I move to continue File Number(s) AZ-06-007/PP-06-006 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/I.ocation: East of Meridian Road, and south of McMillian Wl/2, Section 31, T4N R1E b. Owners: Steiner Development, LLC 554 E. Bellvue Road, Ste8 Atwater Ca 95301 c. Applicant: Providence Development Group, LLC 701 S. Allen Street Meridian Id 83642 d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: Solitude Subdivision AZ-06-007, PP-06-006 PAGE 2 CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE HL~G DATE OF April 11, 2006 1. Date of Preliminary Plat (attached as Exhibit Al): January 13, 2006 2. Date of Landscape Plan (attached as Exhibit A2): January 13, 2006 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 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: Council -March 20, 2006 and Apri13, 2006 Planning Commission -February 13, 2006 and February 27, 2006 d. Radius notices mailed to properties within 300 feet on: Council -March 31, 2006 Planning Commission -February 3, 2006 e. Applicant posted notice on site by: February 18, 2006 6. LAND USE a. Existing Land Use(s): Vacant agricultural land b. Description of Character of Surrounding Area: The area is presently mostly agricultural land with rural residences, however the recent approvals of Amber Creek Subdivision to the west and the building Burney Glen Subdivision to the south will drastically change the character of the area to that of a residential neighborhood. c. Adjacent Land Use and Zoning 1. North: Ventana Subdivision, Meridian School district site, R-4 2. East: Cobre Basin Subdivision zoned R-4. 3. South: Burney Glen Subdivision zoned R-8. 4. West: Approved Amber Creek Subdivision, zoned R-8. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Sewer is located in N. Meridian Road on the south side of this project. Location of water: There is water stubbed from Cobre Basin and Burney Glenn Subdivisions as well as installed on all frontage roads. Issues or concerns: Conceptual sewer plans are not allowing for taking the Cobre Basin lift station off-line. The applicant is working with Public works to address these concerns. 2. Vegetation: Agricultural Solitude Subdivision AZ-06-007, PP-06-006 PAGE 3 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HEG DATE OF April 11, 2006 3. Flood plain: NA 4. Canals/Ditches Irrigation: Lemp Canal -Settlers Irrigation District 5. Hazards: None known. 6. Proposed Zoning: R-8 7. Size of Property: 59.88 acres f. Subdivision Plat Information 1. Residential Lots: 225 2. Non-residential Lots: 0 3. Total Building Lots: 225 4. Common Lots: 16 5. Other Lots: N/A 6. Total Lots: 241 7. Residential Area: 59.88 acres 8. Gross Density: 3.8 units per acre (5.0 net density) g. Landscaping 1. Width of street buffer(s): 40 feet on Meridian Road, 40 feet on McMillan Road 20 feet on Donavan Ave and White Sands Ave (proposed Collector Streets) Street buffers are not required on any internal, local streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 2.99 acres or 7.4% 4. Other landscaping standards: The Starkey Lateral requires tiling as shown, landscaping shall be designed to Settlers Irrigation standards. h. Proposed and Required Non-Residential Setbacks: per the R-8 zone for detached single family R-8 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 4 feet Rear 12 feet Max. Building Height 35 feet Min. Lot Size 5,000 square feet Min. Street Frontage 50 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from N. Meridian Road to White Sands Ave and from McMillan to N. Donavan Avenue. The applicant will be required to connect to the approved stub from Cobre Basin Subdivision to the east as shown and Burney Glen Subdivision to the South as shown. ACRD has not reviewed the traffic report and conditions of approval will be added when available. Solitude Subdivision AZ-06-007, PP-06-006 PAGE 4 CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HG DATE OF April 11, 2006 7. COMMENTS MEETING On February 10, 2006 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 225 single-family lots on 59.88 acres for a gross density of 3.8 dwelling units/acre. Staff finds that the overall density is within the range of a medium density project. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary platproposes to extend three stub streets from Cobre Basin Subdivision (Red Rock, Havasu Falls, and Havasupai Street) and the applicant will be required to connect to the stub street from Burney Glen Subdivision to the south, which is in compliance with the conditions of approval from ACLID. Solitude Subdivision AZ-06-007, PP-06-006 PAGE 5 CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE HG DATE OF April 11, 2006 • Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed one curb cut on N. Meridian Road for White Sands Avenue, and one curb cut from McMillan Road for N. Donavan Avenue which was approved by AChID and is supported by staff Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Stafj finds that the proposed single family residential properties to the south and east, and the existing residential properties to the west will be compatible with the proposed development. • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zone. Cobre Basin Subdivision to the east obtained R-4 zoning and Burney Glen Subdivision to the south obtained R-8 zoning. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Staff believes that the proposed density (3.8 d.u./acre) and zoning (R-8) for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-ZA-2 lists single family detached homes as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. 11-3G-1: Common Open Space and Amenity Requirements The regulations of this Article are intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the street edge, and protect natural amenities. Solitude Subdivision AZ-06-007, PP-06-006 PAGE 6 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single family development. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (prepared on January 12, 2006 by Terry Puegh, 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-SB-3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the location of the out parcel and the reauired off site improvements 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 designation and does not ne ativel~pact nearby properties If the Commission or Council feels a development agreement is necessary staff recommends a clear outline of the commitments of the developer being required. The Council and Commission required the Development Agreement include the following provision: "That the applicant has voluntarily agrees to construct a pedestrian pathway along Meridian Road in front of the 5-acre out-parcel A pedestrian pathway along Meridian Road that extends the entire length of the western subdivision boundary (including the 5-acre out parcell shall be installed prior to occupancy of any new dwelling units on this property " PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed residential development. Please see Exhibit D for detailed analysis of facts and findings. 1. Phasing: The applicant is proposing three phases of this development starting at the south and east corners where sewer services are currently available. Phase 1 will include Solitude Subdivision AZ-06-007, PP-06-006 PAGE 7 ,_. CITY OF MERIDIAN PLAl~"N DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 connections to Burney Glen Subdivision and the road connection to Meridian Road. Phase 2 will include the bulk of the amenities and the open space lot with two connections to Cobre Basin Subdivision. Phase 3 will connect the development to McMillan Road and the final connection to Cobre basin Subdivision. 2. Amenities: UDC 11-3G requires residential developments to provide one amenity per ZO acres as part of each plat. The proposed amenities for the subject development include: recreational amenities of a tot lot and gazebo. The proposed open space is shown to make up 7.4% of the site; an additional 5% minimum is required to qualify as an amenity. 2.a Common Oren Space: is shown by the applicant as Lot 1 Block 9, Lot 1 Block 14, Lot 12 Block 10, Lots 24 Block 6. All other landscape lots are required buffers. Lot 1 Block 9 and Lot 1 Block 14 are the main open space lots of 2.74 acres and 1.457 acres common open space Lot 12 Block 10 and Lot 24 Block 6 are active use lots of 7,115 square feet common open space The total qualified open space is 189,936 sq/ft which is 7.4% qualified open space. 2.b Qualified Site Amenities: Quality of Life Amenity: Picnic Area -Gazebo Recreation Amenities: Tot Lot/children's play structures Pedestrian or bicycle circulation system amenities: Pathway connections to adjacent open spaces 3. Stub Streets: The preliminary plat shows a public street connection to the stub streets in the adjacent subdivisions as required. The applicant has also provided two stub streets for the unplatted parcel which contains multiple structures and is left as an enclave. 4. Variance for Block Length: '*~ea ~,~caxcaxco-crppixcaixva for ,t,,.,.,,,.i. D> > n i~ a i n 4 ~ •, rr- e , - - The applicant has added a common lot to address any block length concerns. 5. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 6. Fencine: The applicant has not submitted a detailed fencing plan (no fencing indicated on the landscape plan dated January 13, 2006) with the preliminary plat application for the subdivision. Any perimeter fencing must be completed prior to issuance of building Solitude Subdivision AZ-06-007, PP-06-006 PAGE 8 CITY OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of- way. All fencing should be installed in accordance with UDC 11-3A-7. A detailed fencing plan in accordance to 11-3A-7 shall be submitted prior to the final plat. 7. Common Areas: Maintenance of all common areas shall be the responsibility of the Solitude Home Owners' Association. 8. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 9. Sidewalks: The applicant shall revise the landscape plan to show sidewalk connections at the intersections of Meridian and McMillan Roads. b. Staff Recommendation: Staff recommends approval of AZ-06-007 and PP-06-006 for Solitude Subdivision as presented in the staff report for the hearing date of March Z, 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: January 13, 2006) 2. Landscape Plan (dated: January 13, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Settlers Irrigation District C. Legal Description D. Required Findings from Zoning Ordinance Solitude Subdivision AZ-06-007, PP-06-006 PAGE 9 CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE HEG DATE OF April 11, 2006 A. Drawings 1. Preliminary Plat (dated: January 13, 2006) ~ °P R ~,$ ~ s~~ .~ Q~pt+#I~ ~ alp, o,I +I ~~~Il~~rt~~~~~ a''' f i i e,~l~~~.fi~~ ~~~~~~~~Q~~1~ ~~~~~~i~~~®~~ ~~ ~ _ ~ ~ ~usn~vr~ox w+, Sa-um .~. ~, g ma aa ~ Exhibit A CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HEG DATE OF April 11, 2006 2. Landscape Plan (dated: January 13, 2006) Lt-~ .~ - - _ _ :~•.~ _ _ iy:s• ~' a4~. i~i~F6~ $ 9~ ~ r`. ~~,_ 4 ~~~c ~ Exhibit A 1 ~~ -- - -- D ~~ ~ -- ~ ° ~ ;: ~ ~ CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 :, a B 6Q u ~~ f _. i ~ ~~ . °' ~, ~p~ i N ~ ,~` - d~ ~ ®~ ~~ ~-- ~~ . I~ ,--- I~ J I ~-_= ~~. ~. 7®a~~®la® i I ~~ a~ .~ I WAY' y~ - t" we Maw..~.bv: ®.... r~a.~, Exhibit A ~~e v o e N, k1ERI~Jt41J R4aD 1 CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HE~ G DATE OF April 11, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat prepared by Engineering Solutions, dated January 13, 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-06-007) shall also be considered conditions of the Preliminary Plat (PP- 06-006). 1.1.2 Maintenance of all common areas shall be the responsibility of the Solitude Subdivision Homeowners' Association. app}is 1.1.4 The landscape plan shall be modified to reflect the conditions contained in this report and the revised preliminary plat and shall be submitted with the final plat application. A detailed fencing plan in accordance to UDC 11-3A-7 shall be submitted with the final plat. 1.1.5 ~. This condition has been satisfied with the addition ofpedestrian connections. 1.1.6 That portion of the detached sidewalk which lies outside of the right-of--way shall be contained in an easement which dedicates pedestrian cross-access and is in favor of the Ada County Highway District, and said easement shall be depicted on the final plat or an instrument number referenced in a plat note. 1.1.7 Street setbacks shall be measured from the back edge of sidewalk per UDC 11-2A-6. 1.1.8 Fencing on all lots adjacent to interior common open space lots shall comply with UDC 11-3A-7. 1.1.9 Any perimeter fencing must be completed prior to issuance of building permits. All fencing should be installed in accordance with UDC 11-3A-7. 1.1.10 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 aze 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. 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. 1.1.11 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.1.12 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the azea being subdivided shall be covered. 1.2 GENERAL REQUIItEMENTS-PRELIMINARY PLAT Exhibit B CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEG DATE OF April 11, 2006 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17 and subject to a development agreement as offered by the applicant to include a sidewalk along Meridian Road in front of the out parcel. 1.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers Irrigation or Nampa Meridian Irrigation Districts. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N. Meridian Road. 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. 2.2 The conceptual sewer design submitted with this preliminary plat shows eight-inch main being routed to the lift station location. The final invert elevation is not acceptable as it does not allow for the lift station to be taken off line. The applicant shall install 12-inch main from the 12-inch in Meridian Road to the northeast corner of this development (the Cobre Basin lift station), or prior to City Council resubmit a conceptual sewer design that facilitates the abandonment of the Cobre Basin lift station. Exhibit B CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF April 11, 2006 2.3 Water service to this site is being proposed via extension of mains in Cobre Basin and Burney Glenn Subdivisions as well as to the mains located in N. Meridian and E. McMillan Roads. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 Revise Lots 6, and 7 Block 8 to meet the required 50-feet of frontage. 2.5 The applicant has not indicated the pressure irrigation system in this proposed development is to be maintained as a private system, therefore plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "fmal draft" being required prior to final plat signature on the last phase of this project. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- domestic purposes such as landscape irrigation. 2.8 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. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.9 Street signs aze to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. Exhibit B CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 2.17 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. 2.18 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. 2.19 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. FIItE DEPARTMENT 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 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. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 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. 8. Building setbacks shall be per the International Building Code for one and two story construction. 9. The proposed 225-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 510 residents at build out. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). Exhibit B CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE H~G DATE OF April 11, 2006 a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 12. Emergency response routes and fire lanes shall not be allowed to have speed bumps. 4. POLICE DEPARTMENT 1. ~«....ei ., ee,l....,.. Tr '1. 1, T..,,:1 CE..ee~ T .. ,_l,. TI7.._. r~ ~t~--`--- Y , , . 2. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 1. No comments received. 6. SANITARY SERVICE COMPANY 1. No comments received. 7. ADA COUNTY HIGHWAY DISTRICT Site Snecifzc Conditions o~pp>"oval Dedicate a total of 45-feet ofright-of--way from centerline for McMillan Road abutting the site. 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. 2. Construct a 5-foot concrete sidewalk along McMillan Road abutting the site located approximately 38-feet from the centerline of McMillan Road. Construct a westbound left turn lane on McMillan Road at the site access intersection, N. Donovan Street. 4. Construct a 5-foot detached sidewalk along the site's frontage on Meridian Road. The sidewalk shall be located a minimum of 28-feet from the centerline of Meridian Road. If the sidewalk is located within an easement, the District will not require the dedication of additional right-of--way. The applicant should work with ACRD and the landowner of the out-parcel that fronts on Meridian Road to extend sidewalk to the intersection of McMillan and Meridian Roads. 5. Widen Meridian Road with 19-feet of pavement from centerline abutting the entire site. Construct the internal streets as 36 -foot street sections with rolled curb, gutter, and 5-foot concrete sidewalks. 7. Provide 21-foot street sections on each side of the proposed center islands. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. Exhibit B CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 Construct stub streets to the surrounding properties as identified below. Install a sign at the terminus of the two new stub streets to the out-parcel stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." • Extend Havasu Falls Street into the site, from Cobre Basin Subdivision, at the site's east property line. • Extend Red Rock Drive into the site, from Cobre Basin Subdivision, at the site's east property line. • Extend Havasupai Street into the site, from Cobre Basin Subdivision, at the site's east property line. • Extend Donovan Way into the site, from Burney Glen Subdivision, at the site's south property line. • Construct Beaham Avenue as a stub street to the out-parcel's south property line located approximately 200-feet east of Meridian Road (measured centerline to centerline). • Construct Copper Ridge Street as a stub street to the out-parcel's east property line located approximately 100-feet south of the out-parcel's north property line (measured property line to centerline). 9. Construct one roadway, White Sands Avenue, to intersect Meridian Road approximately 600-feet north of the south property line (measured property line to centerline), as proposed. 10. Construct one roadway, N. Donovan Avenue, to intersect McMillan Road approximately 750-feet east of Meridian Road (measured centerline to centerline), as proposed. 11. Other than the access specifically approved with this application, direct lot access is prohibited to Meridian Road and McMillan Road and shall be noted on the final plat. 12. Comply with all Standard Conditions of Approval StandaNd Conditions o~pproval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Comply with the District's Tree Planter Width Interim Policy. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all Exhibit B CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF April 11, 2006 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spaze or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Settlers' Irrigation District 8.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Lemp Canal and Stazkey Lateral. Contact SID for additional requirements. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Boazd of Directors. 8.5 All storm drainage must be retained on-site. 8.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- construction meeting. Exhibit B CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE H• G DATE OF April 11, 2006 Exhibit B CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 C. Legal Description _:l~r ~ ; ~®~HO {4506scVVatercowerSt ~-- Suite 150 $URVE~ Meridiaro, Idaho 83642 I GROUP Phoeoe gaual 846-a5~o i. _ r-ax {anal es~-s3~a January 12, 2006 Proposed Solitude Place Subdivision A parcel of land located in Government Lots 1 and 2, and the NE '/a of the NW '/a and the SE'/, of the NW %4, of Section 31, T.4 N., R.IE., B.M., Ada Couaty, Idaho, more particularly described as fotlows: Commencing at the NW corner of the said Section 31, the REAL POINT OF HEGIIVL~TING; Thence along the North boundary of said Section 31 Nat1h 89°59'25" East, 1423.56 feet; Thence South 00°23'56" West, 1994.73 feet to the SE corner of the W 'h of the NW '/4 of the SE'/a of the NW % of said Section 31; Thence along the South boundary ofsaid W %: of the NW '/4 of the SE '/o of the NW %., and of Govemment Lot 2 of the said Section 31 South 89°5750" West, i418.57 feet to a point on the West boundary of said Section 31; Thence along said West boundary North 00°15'20"East, 1 150.10 feet; Thence South 89°49'50" East, 484.45 feet; Thence North 00°10'22" East, 467.89 feet; Thence North 89°49'50" West, 483.77 feet to a point on the West boundary of said Section 31; Thence along said West boundary North 00°15'20" East, 377.37 feet to the POINT OF BEGINNING. Containing 59.88 acres, more or less. This description written from data of record without benefit of a field survey. APPt~Y~~ gY~ 'A,{~ ~ ~ 7~j~J M CORKS D£PTIG Professional Land Surveyors Exhibit C CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE • G DATE OF April 11, 2006 e s {A 3 O A Z p0 N2 r V O v 'o RI C N ~ ~ ~ t B e ~e a ~ ~ a u~~ ~ p ¢y p A9 8P F g F sortrDDE r~c.~ II E~ta ~f BDBDMBION avniowrmv ~,,"~r"°° ~~;a, ~a ®.®aea Hsu r "8®n w ';~'°.~"~'® a~S~3 Exhibit C CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HG DATE OF April 11, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. The Council fmds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that single family detached residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; 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 maybe provided when determining this fording. 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 fmds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (iJDC 11-SB-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. The Council fmds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, the Council finds that Annexation and Zonine of this property to R-8 would be in the best interest of the City 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Exhibit D CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HE~tING DATE OF April 11, 2006 The Council fords that the proposed application is in substantial compliance with the adopted Comprehensive Plan. The Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council fords that public services are available to accommodate the proposed development. (See fording Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council fords that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Council recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this fording. (See fording "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 4. The development will not be detrimental to the public health, safety or general welfare; and The Council is not awaze of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. The Council recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which the Council is unawaze. 5. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, staff fords that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which the Council is unawaze. Exhibit D • • April 7, 2006 PP 06-006 MERIDIAN CITY COUNCIL MEETING April 11,2006 APPLICANT Providence Development Group, LLC ITEM NO. 12 REQUEST Public Hearing -Request for Preliminary Plat approval with 225 single-family residential lots and 16 common lots for Solitude Subdivision -south of East McMillan Road and east of North Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached Pii'<Z Item Packet / Minutes See attached Recommendations /Findings MERIDIAN POST OFFICE: OTHER: See attached Email from Jake Centers Revised Plats Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Cffy of Meridian. • ECE~~ APR ti 2 20U~ City Cf 1~Ieridi~ ~` ~tQ~ ~'j~'1~ ~fficc CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER t. d-.I'f'a' siF _ ~~ I. ll?.°t9-14a ~~ ,,, ~ ~ar ~~4 f ~- t"p`-°-~i'dr. dir..;-i~-'k°4-` r-'"ru.-i r~i+±a In the Matter of Annexation and Zoning of 38.5 acres from RUT (Ada County) to R-8 (Medium-Density Residential) AND Preliminary Plat approval of 225 single-family residential building lots and 9 common lots on 59.88 acres, for Solitude Subdivision, by Providence Development Group, LLC. Case No(s).: REVISED AZ-06-007 and PP-06-006 For the City Council Hearing Date of: April 11, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 11, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 11, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 11, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached StafF Report for the hearing date of April 11, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-007/ PP-06-006 - PAGE I of 4 ~ ~ 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of April 11, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat by Engineering Solutions dated January 13, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. None. 3. The site specific and standard conditions of approval are as shown in the attached StafF Report for the hearing date of April 11, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-007/ PP-06-006 -PAGE 2 of 4 exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 11, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-007/ PP-06-006 -PAGE 3 of 4 C~ By action of the City Council at its regular meeting held on the '~~'' day of ~ord.,l , 2006. COUNCIL MEMBER SHAUN WARDLE VOTED ~,bg~ COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED UI d COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD ~Y~ ;:~ ~ WEERD ~~~ -~ ~ e'er =~, ATTEST: - - _ ~ WILLIAM G. BERG, J , C CL - ~ ^,~,~ti`°` p~f',/,/,~~If11V80 998®444444~~ ~ Copy served upon: Applicant Manning Department -~ublic Works Department t~ City Attorney BY~ Dated: ~'-,~ ~ - (~ lp lerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-007/ PP-06-006 -PAGE 4 of 4 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF April 11, 2006 STAFF REPORT Hearing Date: April 11, 2006 TO: Meridian City Council FROM: Planning Commission Staff: Joe Guenther, Associate Planner Meridian Planning Department 208-884-5533 SUBJECT: Solitude Subdivision • AZ-06-007 ,, Y-~ ~ _ r`~;~ s. ~. ~~ ~ r ~, ~`~ pan-r,a~ ~C'~t ~~.~y~ ~ .~~~,~ ~~ ~~.a~-tea ~' ~~' ~~~ ~°: ~~F ~~~ - ~. Annexation and Zoning of 59.88 acres from RUT to R-8 zone • PP-06-006 Preliminary Plat of 225 single family building lots and 16 common lots on 59.88 acres in a proposed R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Becky McKay, has applied for Annexation and Zoning (AZ) of 59.88 acres from RUT (Ada County) to R 8 (Medium-Density Residential) and Preliminary Plat approval of 225 single family residential lots and 9 common lots on 59.88 acres. The site is located east of N. Meridian Road, and south of McMillan Road. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on March 2, 2006. At the March 2, 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Becky McKay (applicant's representative) ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Joe Guenther v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Constructing sidewalk along McMillan Road and Meridian Road with the first phase of the development. c. Key Commission Changes to Staff Recommendation: i. Addition of Development agreement standards for sidewalk along Meridian Road along the out parcel. d. Outstanding Issue(s) for City Council: i. None. The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. The Planning & Zoning Commission is recommending approval of the proposed Solitude Subdivision (AZ-06 007 and PP 06 006) At the February 14, 2006 City Council meeting the Council voted 3-1 to approve Ambercreek Subdivision which lies adiacent to the property on the west side of Meridian Road with the same provisions for a Development Agreement as listed in the Staff Report NOTE• Staff has modified the DA provisions to Solitude Subdivision AZ-06-007, PP-06-006 PAGE 1 CITY OF MERIDIAN PL~d~G DEPARTMENT STAFF REPORT FOR THE HE~ G DATE OF April 11, 2006 include the lanauaae re~ardins the applicant's willingness to construct a pedestrian athwa, along McMillan Road to the Mendian Road intersection (see Section 10 1 of the Staff Report Staff recommended approval of AZ-06-007 and PP-06-006 for Solitude Subdivision as presented in the staff report for the Planning Commission hearing date of March 2, 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 the Planning Commissions recommendation. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number(s) AZ- 06-007/PP-06-006 as presented in the staff report for the hearing date of Apri16, 2006, and the preliminary plat labeled PP-1, dated January 19, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number(s) AZ-06- 007/PP-06-006 as presented in the staff report for the hearing date of April 6, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat and you must state specific reason(s) for denial of the conditional use permit.) Recommend Continuance After considering all staff, applicant and public testimony, I move to continue File Number(s) AZ-06-007/PP-06-006 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: East of Meridian Road, and south of McMillian Wl/2, Section 31, T4N R1E b. Owners: Steiner Development, LLC 554 E. Bellvue Road, Ste8 Atwater Ca 95301 c. Applicant: Providence Development Group, LLC 701 S. Allen Street Meridian Id 83642 d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: Solitude Subdivision AZ-06-007, PP-06-006 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H~ G DATE OF A ril 11 2006 P , 1. Date of Preliminary Plat (attached as Exhibit A1): January 13, 2006 2. Date of Landscape Plan (attached as Exhibit A2): January 13, 2006 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 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: Council -March 20, 2006 and Apri13, 2006 Planning Commission -February 13, 2006 and February 27, 2006 d. Radius notices mailed to properties within 300 feet on: Council -March 31, 2006 Planning Commission -February 3, 2006 e. Applicant posted notice on site by: February 18, 2006 6. LAND USE a. Existing Land Use(s): Vacant agricultural land b. Description of Character of Surrounding Area: The area is presently mostly agricultural land with rural residences, however the recent approvals of Amber Creek Subdivision to the west and the building Burney Glen Subdivision to the south will drastically change the character of the area to that of a residential neighborhood. c. Adjacent Land Use and Zoning 1. North: Ventana Subdivision, Meridian School district site, R-4 2. East: Cobre Basin Subdivision zoned R-4. 3. South: Burney Glen Subdivision zoned R-8. 4. West: Approved Amber Creek Subdivision, zoned R-8. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Sewer is located in N. Meridian Road on the south side of this project. Location of water: There is water stubbed from Cobre Basin and Burney Glenn Subdivisions as well as installed on all frontage roads. Issues or concerns: Conceptual sewer plans are not allowing for taking the Cobre Basin lift station off-line. The applicant is working with Public works to address these concerns. 2. Vegetation: Agricultural Solitude Subdivision AZ-06-007, PP-06-006 PAGE 3 CITY OF MERIDIAN PL ING DEPARTMENT STAFF REPORT FOR THE HE• G DATE OF A ril 11 2006 P , 3. Flood plain: NA 4. Canals/Ditches Irrigation: Lemp Canal -Settlers Irrigation District 5. Hazards: None known. 6. Proposed Zoning: R-8 7. Size of Property: 59.88 acres f. Subdivision Plat Information 1. Residential Lots: 225 2. Non-residential Lots: 0 3. Total Building Lots: 225 4. Common Lots: 16 5. Other Lots: N/A 6. Total Lots: 241 7. Residential Area: 59.88 acres 8. Gross Density: 3.8 units per acre (5.0 net density) g. Landscaping 1. Width of street buffer(s): 40 feet on Meridian Road, 40 feet on McMillan Road 20 feet on Donavan Ave and White Sands Ave (proposed Collector Streets) Street buffers are not required on any internal, local streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 2.99 acres or 7.4% 4. Other landscaping standards: The Starkey Lateral requires tiling as shown, landscaping shall be designed to Settlers Irrigation standards. h. Proposed and Required Non-Residential Setbacks: per the R-8 zone for detached single family R-8 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 4 feet Rte' 12 feet Max. Building Height 35 feet Min. Lot Size 5,000 square feet Min. Street Frontage SO feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from N. Meridian Road to White Sands Ave and from McMillan to N. Donavan Avenue. The applicant will be required to connect to the approved stub from Cobre Basin Subdivision to the east as shown and Burney Glen Subdivision to the South as shown. ACHD has not reviewed the traffic report and conditions of approval will be added when available. Solitude Subdivision AZ-06-007, PP-06-006 PAGE 4 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 7. COMMENTS MEETING On February 10, 2006 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 225 single-family lots on 59.88 acres for a gross density of 3.8 dwelling units/acre. Staff finds that the overall density is within the range of a medium density project. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer s expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend three stub streets from Cobre Basin Subdivision (Red Rock, Havasu Falls, and Havasupai Street) and the applicant will be required to connect to the stub street from Burney Glen Subdivision to the south, which is in compliance with the conditions of approval from ACtID. Solitude Subdivision AZ-06-007, PP-06-006 PAGE 5 CITY OF MERIDIAN PL • DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF A ril 11 2006 P , • Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed one curb cut on N. Meridian Road for White Sands Avenue, and one curb cut from McMillan Road for N. Donavan Avenue which was approved by ACfID and is supported by staff Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the proposed single family residential properties to the south and east, and the existing residential properties to the west will be compatible with the proposed development. • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zone. Cobre Basin Subdivision to the east obtained R-4 zoning and Burney Glen Subdivision to the south obtained R-8 zoning. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Staff believes that the proposed density (3.8 d.u./acre) and zoning (R-8) for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant s zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single family detached homes as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. 11-3G-1: Common Open Space and Amenity Requirements The regulations of this Article are intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the street edge, and protect natural amenities. Solitude Subdivision AZ-06-007, PP-06-006 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF A ril 11 2006 P , 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single family development. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (prepared on January 12, 2006 by Terry Puegh, 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-SB-3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the location of the out parcel and the reauired off site improvements 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 designation and does not negatively impact nearbyproperties If the Commission or Council feels a development agreement is necessary staff recommends a clear outline of the commitments of the developer being required. The Council and Commission required the Development Agreement include the following provision: "That the applicant has voluntarily agrees to construct a pedestrian pathwav along Meridian Road m front of the 5-acre out parcel A pedestrian pathwav along Meridian Road that extends the entire length of the western subdivision boundarv~including the 5 acre out parcell shall be installed prior to occupancy of any new dwelling units on this~roperty " PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed residential development. Please see Exhibit D for detailed analysis of facts and findings. 1. Phasing: The applicant is proposing three phases of this development starting at the south and east corners where sewer services are currently available. Phase 1 will include Solitude Subdivision AZ-06-007, PP-06-006 PAGE 7 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE HG DATE OF A ril 11, 2006 P connections to Burney Glen Subdivision and the road connection to Meridian Road. Phase 2 will include the bulk of the amenities and the open space lot with two connections to Cobre Basin Subdivision. Phase 3 will connect the development to McMillan Road and the final connection to Cobre basin Subdivision. 2. Amenities: UDC 11-3G requires residential developments to provide one amenity per 20 acres as part of each plat. The proposed amenities for the subject development include: recreational amenities of a tot lot and gazebo. The proposed open space is shown to make up 7.4% of the site; an additional 5% minimum is required to qualify as an amenity. 2.a Common Open Snace: is shown by the applicant as Lot 1 Block 9, Lot 1 Block 14, Lot 12 Block 10, Lots 24 Block 6. All other landscape lots are required buffers. Lot 1 Block 9 and Lot 1 Block 14 are the main open space lots of 2.74 acres and 1.457 acres common open space Lot 12 Block 10 and Lot 24 Block 6 are active use lots of 7,115 square feet common open space The total qualified open space is 189,936 sq/ft which is 7.4% qualified open space. 2.b Oualified Site Amenities• Quality of Life Amenity: Picnic Area -Gazebo Recreation Amenities: Tot Lot/children's play structures Pedestrian or bicycle circulation system amenities: Pathway connections to adjacent open spaces 3. Stub Streets: The preliminary plat shows a public street connection to the stub streets in the adjacent subdivisions as required. The applicant has also provided two stub streets for the unplatted parcel which contains multiple structures and is left as an enclave. 4. Variance for Block Length• ThR-.~~r,l;a~nr ~~ ~- •++ a ~~ ,• +• r rr n i~ a ~n + . The applicant has added a common lot to address any block length concerns. 5. Pressure Irri ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 6. Fencine: The applicant has not submitted a detailed fencing plan (no fencing indicated on the landscape plan dated January 13, 2006) with the preliminary plat application for the subdivision. Any perimeter fencing must be completed prior to issuance of building Solitude Subdivision AZ-06-007, PP-06-006 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H~ G DATE OF Apnl 11, 2006 permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of- way. All fencing should be installed in accordance with UDC 11-3A-7. A detailed fencing plan in accordance to 11-3A-7 shall be submitted prior to the final plat. 7. Common Areas: Maintenance of all common areas shall be the responsibility of the Solitude Home Owners' Association. 8. Ditches, Laterals, and Canals• Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 9. Sidewalks: The applicant shall revise the landscape plan to show sidewalk connections at the intersections of Meridian and McMillan Roads. b. Staff Recommendation: Staff recommends approval of AZ-06-007 and PP-06-006 for Solitude Subdivision as presented in the staff report for the hearing date of March 2, 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. EXITS A. Drawings 1. Preliminary Plat (dated: January 13, 2006) 2. Landscape Plan (dated: January 13, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Settlers Irrigation District C. Legal Description D. Required Findings from Zoning Ordinance Solitude Subdivision AZ-06-007, PP-06-006 PAGE 9 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF A ril 11 2006 P , A. Drawings 1. Preliminary Plat (dated: January 13, 2006) B F .°~" `~ a+ ~~ e A ~' ~~~' U I ~~p~''~~I li [tu~~S :i~ p~ ~~~~~~~t~~B~~~ ~®~ ~~~~ A Pia, ~ 111 ~1~ }t~.t ~~~ ~~f ~5 P j~~~~~~~~9~~~~ ~~s ~ ~$~~~RR~~ s i II ~~ a ~ ~ A ~ " ~ 6l1L1TIiDE PLACE ~6r11YEEBJ6T6 `~ Pnrca~tacr ~ w~~ s ~ BIIBDI9I8IOIQ 'PLAT ~i~ {lil~(~Q ~ s _ $~ 8 e®•mmaa..~v.u . ~c~wa• ~„°" .~,: ems m~ao c~~'a ~mmwew ue ~o¢vnm as ~' u`r~°~1 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF A ril 11 2006 P , 2. Landscape Plan (dated: January 13, 2006) I~~ _ of ~. ~~ _ BCAHAM AVw, [~ 0 t c v rn n rr ~ ~ 0 c i Gi ~ A __ m m yN .~ AYE m cR«v sr~¢ w~ / L~ COBRE BASIN SUBOMSIDNS ~~' F,] ~ r ~ ~8 ~ ~4'IW RT~PI.MSIGIL~RLID 1~5:•'a}~=u.~+na s.;~•~ TW ®ALL87gg~~p,,8iE@~6 TOiib ~+' ~ ~ ~~ aa..r®n® ^-:t;~s ~....~ Exhibit A CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF A ril 11 2006 P t ~~ .~, B k ~ ( ~~!e I ~d r ~~ r. ~ 1 ~~ Y ,¢ ~1U6~rV 1w~ ~ _}• _. ••wwn~~u+i b. Zvi p yCPa ~o ona~. Y 'ems e......~a _~..~ Exhibit A CITY OF MERIDIAN PL ~ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat prepared by Engineering Solutions, dated January 13, 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-06-007) shall also be considered conditions of the Preliminary Plat (PP- 06-006). 1.1.2 Maintenance of all common areas shall be the responsibility of the Solitude Subdivision Homeowners' Association. apglisatiexs:• 1.1.4 The landscape plan shall be modified to reflect the conditions contained in this report and the revised preliminary plat and shall be submitted with the final plat application. A detailed fencing plan in accordance to UDC 11-3A-7 shall be submitted with the final plat. 1.1.5 ~e~iew. This condition has been satisfied with the addition ofpedestrian connections. 1.1.6 That portion of the detached sidewalk which lies outside of the right-of--way shall be contained in an easement which dedicates pedestrian cross-access and is in favor of the Ada County Highway District, and said easement shall be depicted on the final plat or an instrument number referenced in a plat note. 1.1.7 Street setbacks shall be measured from the back edge of sidewalk per UDC 11-2A-6. 1.1.8 Fencing on all lots adjacent to interior common open space lots shall comply with UDC 11-3A-7. 1.1.9 Any perimeter fencing must be completed prior to issuance of building permits. All fencing should be installed in accordance with UDC 11-3A-7. 1.1.10 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. 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. 1.1.11 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.1.12 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT Exhibit B CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HE~ ARING DATE OF April 11, 2006 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17 and subject to a development agreement as offered by the applicant to include a sidewalk along Meridian Road in front of the out parcel. 1.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers Irrigation or Nampa Meridian Irrigation Districts. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N. Meridian Road. 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. 2.2 The conceptual sewer design submitted with this preliminary plat shows eight-inch main being routed to the lift station location. The final invert elevation is not acceptable as it does not allow for the lift station to betaken off line. The applicant shall install 12-inch main from the 12-inch in Meridian Road to the northeast comer of this development (the Cobre Basin lift station), or prior to City Council resubmit a conceptual sewer design that facilitates the abandonment of the Cobre Basin lift station. Exhibit B CITY OF MERIDIAN PL ~ DEPARTMENT STAFF REPORT FOR TH E HEARING DATE OF April 11, 2006 2.3 Water service to this site is being proposed via extension of mains in Cobre Basin and Burney Glenn Subdivisions as well as to the mains located in N. Meridian and E. McMillan Roads. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 Revise Lots 6, and 7 Block 8 to meet the required 50-feet of frontage. 2.5 The applicant has not indicated the pressure irrigation system in this proposed development is to be maintained as a private system, therefore plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. ff 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. 2.7 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. 2.8 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. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay .Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF A ril 11 2006 P , 2.17 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. 2.18 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. 2.19 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections andlor fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 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. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %a" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. Provide a ZO-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 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. 8. Building setbacks shall be per the International Building Code for one and two story construction. 9. The proposed 225-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 510 residents at build out. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). Exhibit B CITY OF MERIDIAN PLANNTiC1G DEPARTMENT STAFF REPORT FOR THE H• G DATE OF April 11, 2006 a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 12. Emergency response routes and fire lanes shall not be allowed to have speed bumps. 4. POLICE DEPARTMENT 1. 2. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 1. No comments received. 6. SANITARY SERVICE COMPANY 1. No comments received. 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions o~pproval Dedicate a total of 45-feet ofright-of--way from centerline for McMillan Road abutting the site. 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. 2. Construct a 5-foot concrete sidewalk along McMillan Road abutting the site located approximately 38-feet from the centerline of McMillan Road. Construct a westbound left turn lane on McMillan Road at the site access intersection, N. Donovan Street. 4. Construct a 5-foot detached sidewalk along the site's frontage on Meridian Road. The sidewalk shall be located a minimum of 28-feet from the centerline of Meridian Road. If the sidewalk is located within an easement, the District will not require the dedication of additional right-of--way. The applicant should work with ACRD and the landowner of the out-parcel that fronts on Meridian Road to extend sidewalk to the intersection of McMillan and Meridian Roads. 5. Widen Meridian Road with 19-feet of pavement from centerline abutting the entire site. 6. Construct the internal streets as 36 -foot street sections with rolled curb, gutter, and 5-foot concrete sidewalks. 7. Provide 21-foot street sections on each side of the proposed center islands. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. Exhibit B CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE G DATE OF April 11, 2006 Construct stub streets to the surrounding properties as identified below. Install a sign at the terminus of the two new stub streets to the out-parcel stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." • Extend Havasu Falls Street into the site, from Cobre Basin Subdivision, at the site's east property line. • Extend Red Rock Drive into the site, from Cobre Basin Subdivision, at the site's east property line. • Extend Havasupai Street into the site, from Cobre Basin Subdivision, at the site's east property line. • Extend Donovan Way into the site, from Burney Glen Subdivision, at the site's south property line. • Construct Beaham Avenue as a stub street to the out-parcel's south property line located approximately 200-feet east of Meridian Road (measured centerline to centerline). • Construct Copper Ridge Street as a stub street to the out-parcel's east property line located approximately 100-feet south of the out-parcel's north property line (measured property line to centerline). 9. Construct one roadway, White Sands Avenue, to intersect Meridian Road approximately 600-feet north of the south property line (measured property line to centerline), as proposed. 10. Construct one roadway, N. Donovan Avenue, to intersect McMillan Road approximately 750-feet east of Meridian Road (measured centerline to centerline), as proposed. 11. Other than the access specifically approved with this application, direct lot access is prohibited to Meridian Road and McMillan Road and shall be noted on the final plat. 12. Comply with all Standard Conditions of Approval. Standard Conditions o~pproval Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all Exhibit B CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE H• G DATE OF April 11, 2006 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Settlers' Irrigation District 8.1 All irrigation drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Lemp Canal and Starkey Lateral. Contact SID for additional requirements. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- construction meeting. Exhibit B CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE H• G DATE OF A ril 11, 2006 P Exhibit B CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE H• G DATE OF A ril 11 2006 P , C. Legal Description ®/~-F..A® t45o Est Watertovaer SL SURVEY Suite ISQ rtepie~,,, sa~nA eabaa CitOUP PeoEre ~osl eae-esao Fasc (2d}81 ee~-s3a'a January 12, 2006 Proposed Solitude Place Subdivitsion A parcel of land located in Government Lots 1 and 2, and the NE'/a of the NW '/e and the SE % of the NW ''/4, of Section 31, T.4 N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the NW comer of the said Section 31, the REAL POINT OF BEGINNING; Thence along the North boundary of said Section 31 North 89°59'25" East, L423.56 feet; Thence South 00°23'56" West, 1994.73 feet to the SEcomer ofthe W %: of the NW '/. of the SE '/a of the NW %4 of said Section 31; Thence along the South boundary of said W '/: of the NW '/4 of the SE '/a of the NW %,, and of Government Lot 2 of the said Section 31 South 89°57'50" West, 1418.57 feet to a point on the West boundary of said Section 3 t; Thence along said West boundary North 00°15'20" East, 1150.10 feet; Thence South 89°49'50" East, 484.45 feet; Thence North 00°10'22" East, 467.89 feet; Thence North 89°49'50" West, 483.77 feet to a point on the West boundary of said Section 31; Thence along said West boundary North 00°15'20" East, 377.37 feet to the POINT OF BEGINNING. Containing 59.88 acres, more or less. This description written from data of record without benefit of a field survey. APPK~Y~, sr~- JAN 17 ~4~ M yRORKS DEPTIG Professional Land Surveyors Exhibit C CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE • G DATE OF April 11, 2006 A m~ AO Z wz ov "'' ti v m c ~~ oaa ~ ~C p a a ~ ® k}-~-~}~ m pa 9 ~ 8 y y •FC Y Q e ~ 9 $OLIPODE PLACE E~G/+V~/1/®B ~1nrnA•n~~rtra~ O w~msoFaECam s BOBDIYIB~ON (~_~~~ FFOPGSEOAMt~7GV~d a7lt ®" a~~~ m°~°~A ~ $S ~ ~~°.,a~®¢° ~mn yea' ® e~~?e °„'~i°~ ~r~. ¢~a°~ ~° Exhibit C CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE H~ G DATE OF A ril 11 2006 P , D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. The Council fmds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that single family detached residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fmds 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 fmding. 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 fmds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (iTDC 11-SB-3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public fnnds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, the Council finds that Annexation and Zoning of this nropertv to R-8 would be in the best interest of the Cites 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-maldng body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Exhibit D CITY OF MERIDIAN PLUG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF A ril 11 2006 P , The Council fords that the proposed application is in substantial compliance with the adopted Comprehensive Plan. The Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available to accommodate the proposed development. (See fording Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Council recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this fording. (See fording "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 4. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. The Council recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which the Council is unaware. 5. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, staff fords that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which the Council is unaware. Exhibit D April 7, 2006 MERIDIAN CITY COUNCIL MEETING AZ 05-067 April 11, 2006 APPLICANT Insight Architects ITEM NO. 13 REQUEST Public Hearing -Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium High Density Residential zone for Casa Meridians - 1777 Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Pi3~Z Item Packet /Minutes See attached Recommendations / Ftndtngs Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • April 7, 2006 MERIDIAN CITY COUNCIL MEETING April 1 1,2006 CUP 05-060 APPLICANT Insight Architects ITEM NO. 14 REQUEST Public Hearing -Request for Conditional Use Permit fora 32 unit multi family development in a proposed R-15 medium high density residential district for Casa Meridians - 1777 Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached P&Z Item Packet /Minutes See attached Recommendations / FindMgs Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • April 7, 2006 • MERIDIAN CITY COUNCIL MEETING April 11, 2006 APPLICANT ITEM NO. ~ S REQUEST Public Hearing -Proposed New Park and Recreation Fees and Fee Increases to Cover Cost of Recreation Programs and Park Services 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: See attached Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS See attached ~L~~ • CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, April 11, 2006, for proposed new fees and fee increases to cover cost for the following recreation programs and parks services; ACTIVITY CURRENT FEE PROPOSED FEE % CHANGE VOLLEYBALL COMPETITNE COED MENS ~& wOMENS Team Fee 10 ames +toumament $260.00 $110.00 -58°!0 Pla er Fees min. 10 $15.00 $15.00 0% Additional Pla ers over 10 $15.00 Remove ASA Fees $12.00 Remove Late Fee eam NA $30.00 Ne RECREATIONAL COED Team Fee $100.00 Ne Late Fee team NA $30.00 Ne BASKETBALL (MENS 8 WOMENS) Team 10 ames +toumament $500.00 $350.00 -30% Pla er Fees min. 10 $15.00 $15.00 0°k Additional Pla ers over 10 $15.00 Remove USSSA Fee $20.00 N ASA Fees $12.00 Remove Late Fee eam NA $50.00 Ne SUMMER SOFTBALL COED Team Fee 1 ames +toumament) $350.00 $400.00 14% Pla er Fees min. 15 $14.00 $15.0 7% Additional Pla ers over 15 $14.00 Remove ASA Fee $25.00 $26.00 4% Late Fee team NA $50.00 Ne MENS Team Fee (1 ame + tournament) $700.00 Pla er Fees (min. 15 $15.00 N ASA Fee $26.00 Ne Late Fee eam NA $50.00 N MENS SENIOR 50+ Team Fee 16 ames NA $550.00 Ne Player Fees min. 15) $15.00 N ASA Fee NA $26.00 Ne Late Fee (team) NA $50.00 N FALL SOFTBALL Team 8- ames $400.00 $200.00 -50% Player Fees (min. 15) NA $15.00 N Page 1 of 4 • i Additional Pla ers over 15 $10.00 Remov ASA Non-Cham ionshi Eli ible Fee $12.00 $12.00 IJ% Late Fee team NA $50.0 Ne Tournament $150.00 Remove NON-LEAGUE SOFTBALL TOURNAMENTS Ent Fee Parks 8~ Rec. Host $175.00 $175.00 0% Field rental for tournament r erne $15.00 $15.00 0% SHELTER FEES: Extra Picnic Tables $3.00 $4,00 33°k STOREY PARK Blue $~ Green Shelter Shelter Rental 1-50 0 le $30.00 $30.00 0°!0 Shelter Rental 51-100 0 le $45.00 $45.00 0% Shelter Rental 101-150 0 le $60.00 $60.00 0% Shelter Rental 151-200 0 le $75.00 $75.00 0% Softball Field r hour $8.00 $10.00 25% Softball Field Li hts r hour $10.00 $15.00 50% Voile ball E ui ent r da $10.00 $10.00 0% TULLY PARK Small Shelter Rental 30 le max $30.00 $30.00 0% La a Shelter Rental 1-150 0 le $60.00 $60.0 0% La a Shelter Rental 151-200 0 le $75.00 $75.00 0% La a Shelter Rental 201-250 0 le $90.00 $90.00 0% Lar a Shelter Rental 251-300 0 le $105.00 $105.00 0% Softball Fields r hour $8.00 $10.00 25% Voile ball E ui ment r da $10.00 $10.00 0°k CHATEAU PARK Shelter Rental 30 0 le max $30.00 $30.00 0% Multi-Use Field r hour NA $10.00 N SETTLERS PARK Shelter Rental 1-50 0 le) $30.0 $30.00 0°k Shelter Rental 51-100 0 le) $45.00 $45.00 0% Shelter Rental 101-150 0 le $60.00 X0.00 0% Shelter Rental 151-200 0 le $75.00 $75.00 0% Multi-Use Fields ( r hour) $8.00 $10.00 25°k HEROES PARK Multi-Use Field per hour) NA $10.00 Ne SEASONS PARK Multi-Use Field r hour NA $10.00 Ne KIWANIS PARK Shelter Rental (50 0 le max. NA $30.00 N Multi-Use Fields r hour NA $10.00 Ne BEAR CREEK PARK Shelter Rental 1-50 0 le NA $30.00 Ne Shelter Rental 51-100 0 le $45.00 Ne Softball Fields per hour $8.00 $10.00 25% Page 2 of 4 • Multi-Use Fields r hour NA $10.00 Ne CHAMPION PARK Shelter Rental 30 0 le max. NA $30.00 Ne Multi-Use Fields ( r hour NA $10.00 N MERIDIAN BARN SOUR EVENT 1 Mile Fun Run $8.00 $8.00 0°~ 5K Run $18.00 $18.00 0% 10K Run $18.00 $18.00 0% 5k/10k Late R istration $23.00 $23.00 0% SUMMER SIZZLER EVENT Basketball- 4 la ers max. r team $30.00 $40.00 33°~ Volle ball - 4 layers max, r team $30.00 $40.00 33% Inline Skatin $12.00 $12.00 0% SUMMER CAMP Plan A all Da - 2 weeks $124.00 Remove Plan A Full Da - 2 weeks Late R istration $144.00 Remove 2nd Child Plan A $94.00 Remove 2nd Child Plan A Late R istration $114.00 Remove Plan B 112 Da s) - 2 weeks $84.00 Remove Plan B 1/2 Da s - 2 weeks Late R istration $104.00 Remove 2nd Child Plan B $54.00 Remove 2nd Child Plan B Late R istration $74.00 Remove Plan A -Per Da $15.00 Remove Plan B -Per Da $10.00 Remove 1 week :30am - 5:30 m NA $72 00 N 1 week :30am - 5:30 m Late R istration $82.00 Ne 1 week 9:OOam - 3:00 m NA $52.00 Ne 1 week 9:OOam - 3:00 m Late R istration NA $62.00 N ACTIVITY GUIDE CLASSES **Pum It U $30.00 Ne "`Hunter Education $10.00 N '"""Adult Dance i.e. ballroom, swin ,salsa NA $20.00 Ne '""Golf Lessons AdultJYouth NA $48.00 Ne '"Horseshoes Adult/Youth $5.00 New '"""'Football Cam oath $79.00 Ne **Raftin NA $59.00 Ne '"Tennis NA $22.00 New **Tennis Team NA $40.00 New '"*Arts & Crafts oath $20.00 Ne '"Adult Gardenin NA $10.00 N '""Jam ~ Jive oath NA $47.0 N "'"Tram linelTumblin NA $55.00 N '""`Adult Paintin atercolor, ac lic NA $35.00 N '"'""Pam kin Carvin $15.00 New **Scra booking Beginnin Album Makin) $5.00 Ne **Scra bookin over Sort $15.00 Ne Page 3 of 4 • • **Scra bookin Mini Album For Youth NA $12.00 N `"`Creative Writin NA $50.00 Ne '"'Indoor Soccer NA $50.00 Ne *"Arche $30.00 Ne ACTIVITY GUIDE ADS Back Cover ull color NA $400.00 Ne Full Pa a NA $320.00 N 1 /2 Pa a NA $160.00 Ne 1 /4 Pa a NA $80.00 New 1 /8 Pa a NA $40.00 N SPECIAL EVENT OFFER **Boise Hawks Fun Da NA $5.50 New '*Indicates 80/20 Contractors. These fees were set by the organization/vendorvho provides the service. More information on the above hearing is on file in the City Clerk's Office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials should be submitted to the City Clerk no later than seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. 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 72 hours prior to the public meeting. DATED this 17th day of March 2006. WILLIAM G. BERG, JR., CITY CLERK PUBLISH the 27th of March and 3rd of April, 2006. Page 4 of 4 emo To: CC: From: Date: Re: • MAR 14 2000 ~:eey ~d rWd~s a~, _. -~,~~, r~~~~p ~-;;.; Mayor and City Council Will Berg Doug Strong, Director March 13, 20~ Proposed Parks & Recreation Fees During the March 8, 2~ Parks and Recreation Commission meeting, the following fees were reviewed and passed by the commission to be sent forward to the Mayor and Council for approval. The Parks Staff is requesting the proposed parks and recreation fees, which are attached to be placed on the agenda for public hearing starting on March 21, 2~. The proposed park shelter fees are consistent with the fees currently Ding charged for shelters of the same or similar size that are in the department's reservation system. Backup documentation is enclosed for your review. Page 1 f „ ,~ es (~ ~ .~ c ` GI 1~~ l~~ 17 °~ ~}. ,. i 18W Project Name: Park: Applicant: • STAFF SUMMARY OF PARKS AND RECREATION COMMISSION RECOMMENDATION TO CITY COUNCIL P&R Commission Meeting Date: 3/8 / ~, Recommendation: ~~ ~ f,~~~~~~ ~aM~a( Summary of Public Hearing: Key Commission Changes to Staff Recommendation: Outstanding Issues for City Council: APPROVED: B ce MacCoy, President ~~ Creg St e, Vice President Revised February 27, 2006 • Meridian Parks Recreation Fee Schedule 2006 Activ Current Fee Promised Fee % Chan e VOLLEYBALL COMPETATNE CO®, MENS, 8 WOMENS Team Fee 10 games + tournament $260.00 $110.00 X13°~6 r Fees min. 10 $15.00 $15.00 0% Additional Pia rs (over 10) $15.00 Remove ASA Fees $12.00 Remove Late Fee team) NA $30.00 New RECR1=anoNAL (co®~ Team Fee NA $100.00 New Late Fee (team NA $30.W NeYV BASKETBALL (HENS 8 WOMENS) Team 10-games + tournament $500.00 $350.00 _30°~ Player Fees (min. 10 $15.00 $95.00 0°.fi Addittional Players over 10) $15.00 Remove USSSA Fee NA $20.00 New ASA Fees $12.00 Remove Late Fee team NA ~0.~ New SUMMER SOFTBALL ~~ Team Fee 10-games + tournament) $350.00 $400.00 14% Player Fees min. 15) $14.00 $15.00 7°~6 Additional Players (over 15 $14.00 Remove ASA Fee $25.00 $26.00 4°~ Late Fee (team) NA $50.00 New HENS Team Fee (15-game + toumamerrt) $7~.~ Player Fees min. 15 NA $15.00 New ASA Fes NA $26.00 New Late Fee (team) NA $SQ.~ New HENS SENIOR bar Team Fee (16 games NA $550.00 New Pla er Fees min. 1 NA $15.00 New ASA Fee NA $26.00 New Late Fee (team) NA $50.00 New FALL SOFTBALL Team 8-games $400.00 $2~.~ -50% Pia r Fees (min. 15) NA $15.00 New Additional Pia ers over 15 $10.00 Remove ASA Non-Chain ionship EI ibis Fee $12.00 $12.00 0°!° Late Fee (team NA $50.00 New Tournament $150.00 Remove NON-LEAGUE SOFTBALL TOURNAMENTS E Fee (Parks 8 Rec. hosted) $175.00 $175.00 0% Field rental for tournament per game $15.00 $15.00 0% Girls Fastpltch Softball (u1o, u12, u1a) Team Fee 10 ames N/A $350.OD New ASA Fee (per layer) N!A $6.00 New Meridian Parks Recreation Fee Scftedule 2006 SHELTER FEES: Extra Picnic Tables $3,00 $4,~ 33°,y STOREY PARK (Blue 8 Green Shelter Sheker Rerrtal (1-50 ple) $30.00 $30.00 0% Sheker Rental (51-1~ le $45.00 $45.00 0% Sheker Rental 101-150 le $60.00 $90,00 0°~, Sheker Rental (151-200 le $75.00 $75.00 0% Softball F~Id ( r hour) $8.00 $10.00 25°~6 Softball Feld Lights hour) $10.00 $15.00 ~°~ Volle 1 Equipment r d $10.00 $10.00 0°~6 TULLY PARK Small Sheker Rental (30 people max.) $30.00 $30,00 0°~ e Sheker Rental (1-150 le $6'0.00 $~,~ 0°~, e Shelter Rental (151-2~ le) $75.00 $75.00 0°~ e Sheker Rental 201-250 $90,00 $gp,~ p°~, e Sheker Rental 251-300 le $105.00 $105.00 0% Softball Felds (per hour $8.00 $10.00 25% Volle I E ul ment (per da $10,00 $10.00 0°~ CHATEAU PARK Sheker Rental 30 le max.) $30,00 $30,~ 0°~, Muki-Use Feld r hour) NA $10.00 New SETTLERS PARK Sheker Rental 1-50 ple $30.00 $30.00 0°~6 Sheker Rental 51-1~ le $45.00 $45.00 0°~ Sheker Rental (101-150 people $60.~ $60.00 0°k Sheker Rental (151-200 people $75.00 $75.00 0% Muki-Use Fields (per hour $8.00 $10.00 25°ib HEROES PARK Muki-Use Feld ( r hour NA $10.00 New SEASONS PARK Muki-Use Feld ( r hour NA $10.00 New KIWANIS PARK Sheker Rental 50 a max. NA $30.~ New Muki-Use Felds (per hour) NA $10.00 New BEAR CREEK PARK Sheker Rental 1-50 le) NA $30.00 New Sheker Rental 51-100 people) NA $45.Q0 New Sheker Rental (101-150 ple) NA $x.00 New Sheker Rental 151-200 people NA $75.00 New Softball Felds (per hour) $8.00 $10.00 25°~ Multi-Use Felds ( r hour NA $90.00 New CHAMPION PARK Sheker Rental (30 le max. NA $30.00 New Muki-Use Felds r hour) NA $10.00 New Meridian Parks Recreation Fee Schedule 2006 SPECIAL EVENTS MERIDIAN BARN SOUR 1 Nlile Fun Run 5K Run 10K Run 5k/10k Late R~istration $8.00 $18.00 $18.00 $23.00 $8 0 $1$,~ $18,~ $23,0 0 0 0% poi poA 0% SUMMER SIZZLER Q.u.Lw{L...il w ~I~..__ ..___. e. __ a_ _ ___. . _ _ '*Indicates 8020 Contractors. These fees were set by the organization/vendortyho provides the service. r ~ CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE ril 11, 2006 ITEM # 15 PROJECT NUMBER PROJECT NAME Parks Department Fees NAME PLEASE PRIN FOR AGAINST NEUTRAL RECEIVED APR 1 1 2006 • April 7, 200b MERIDIAN CITY COUNCIL MEETING APPLICANT • April 11, 2006 ITEM NO. ~ 6 REQUEST Public Hearing -Public Works Fees Changes as authorized in title 9, Chapter 1 Water Use and Service and Title 9, Chapter 4 Sewer Use and Service of Meridian City Code including water and wastewater assessmen#, water meters 8~ apputenances 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 See attached Staff Initials: Phone: Materials presented at public meetings shall become properly of the Ctiy of Meridian. ~(~erlu~ f' ll'ZODLo CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hafl, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, April 11, 200 for the purpose of reviewing and considering Public Works Fee Changes authorized in Title 9, Chapter 1 Water Use and Service, and Title 9, Chapter 4 Sewer Use and Service of Meridian City Code. The public hearing for proposed updated fees includes water meters and appurtenances, water system itemized damage fees, pressurized irrigation secondary connection assessment fees and water and sewer plan review fees. A more particular and specific description of the above proposed amendments and new and updated fees is on file in the City Clerk's Office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho .and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. DATED this 22nd day of March, 2006. WILLIAM G. BERG PUBLISH 27th of March and 3th of April, 2006. "~ ~ ®s ~° ~_' , 4'._. ,... ~.. ~.~ „I RK ~~' v /l III ~;~P~c~n~~uG // 2C0(v • CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on ~~Tuesday, April 11, 2006, for proposed new fees and fee increases to cover cost for the following recreation programs and parks services; Activit Current Fee Pro osed Fee % Change VOLLEYBALL COMPETITIVE COED, MENS, 8 WOMENS Team Fee 10 ames + tournament $260.00 $110.00 -58% Pla er Fees min. 10 $15.00 $15.00 0% Additional Pla ers over 10 $15.00 Remove ASA Fees $12.00 Remove Late Fee team N $30.00 Ne RECREATIONAL COED Team Fee NA $100.00 Ne Late Fee team NA $30.00 Ne BASKETBALL MENS & WOMENS Team 10- ames + tournament $500.00 $350.00 -30% Pla er Fees min. 10 $15.00 $15.00 0% Additional Pla ers over 10 $15.00 Remove USSSA Fee NA $20.00 Ne ASA Fees $12.00 Remove Late Fee team NA $50.00 Ne SUMMER SOFTBALL COED Team Fee 10- ames + tournament $350.00 $400.00 14% Pla er Fees min. 15 $14.00 $15.00 7% Additional Pla ers over 15 $14.00 Remove ASA Fee $25.00 $26.00 4% Late Fee team NA $50.00 New MENS Team Fee 15- ame + tournament $700.00 Pla er Fees min. 15 NA $15.00 Ne Page 1 of 5 ASA Fee NA $26.00 New Late Fee team NA $50.00 New MENS SENIOR 50+ Team Fee 16 ames NA $550.00 Ne Pla er Fees min. 15 NA $15.00 New ASA Fee NA $26.00 Ne Late Fee team NA $50.00 New FALL SOFTBALL Team 8- ames $400.00 $200.00 -50% Pla er Fees min. 15 NA $15.00 Ne Additional Pla ers over 15 $10.00 Remove ASA Non-Cham ionshi Eli ible Fee $12.00 $12.00 0% Late Fee team NA $50.00 Ne Tournament $150.00 Remove NON-LEAGUE SOFTBALL TOURNAMENTS Ent Fee Parks 8 Rec. Hosted $175.00 $175.00 0% Field rental for tournament er ame $15.00 $15.00 0% SHELTER FEES: Extra Picnic Tables $3.00 $4.00 33% STOREY PARK Blue 8 Green Shelter Shelter Rental 1-50 eo le $30.00 $30.00 0% Shelter Rental 51-100 eo le $45.00 $45.00 0% Shelter Rental 101-150 eo le $60.00 $60.00 0% Shelter Rental 151-200 eo le $75.00 $75.00 0% Softball Field er hour $8.00 $10.00 25% Softball Field Li hts er hour $10.00 $15.00 50% Volle ball E ui ment er da $10.00 $10.00 0% TULLY PARK Small Shelter Rental 30 eo le max. $30.00 $30.00 0% Lar a Shelter Rental 1-150 eo le $60.00 $60.00 0% Lar a Shelter Rental 151-200 eo le $75.00 $75.00 0% Lar a Shelter Rental 201-250 eo le $90.00 $90.00 0% Lar a Shelter Rental 251-300 eo le $105.00 $105.00 0% Softball Fields er hour $8.00 $10.00 25% Volle ball E ui ment er da $10.00 $10.00 0% CHATEAU PARK Shelter Rental 30 eo le max. $30.00 $30.00 0% Page 2 of 5 Multi-Use Field er hour NA $10.00 New SETTLERS PARK Shelter Rental 1-50 eo le $30.00 $30.00 0% Shelter Rental 51-100 eo le $45.00 $45.00 0% Shelter Rental 101-150 eo le $60.00 $60.00 0% Shelter Rental 151-200 eo le $75.00 $75.00 0% Multi-Use Fields er hour $8.00 $10.00 25% HEROES PARK Multi-Use Field er hour NA $10.00 New SEASONS PARK Multi-Use Field er hour NA $10.00 New KIWANIS PARK Shelter Rental 50 eo le max. NA $30.00 New Multi-Use Fields er hour NA $10.00 Ne BEAR CREEK PARK Shelter Rental 1-50 eo le NA $30.00 Ne Shelter Rental 51-100 eo le NA $45.00 New Softball Fields er hour $8.00 $10.00 25% Multi-Use Fields er hour NA $10.00 New CHAMPION PARK Shelter Rental 30 eo le max. NA $30.00 Ne Multi-Use Fields er hour NA $10.00 New MERIDIAN BARN SOUR EVENT 1 Mile Fun Run $8.00 $8.00 0% 5K Run $18.00 $18.00 0% 10K Run $18.00 $18.00 0% 5k/10k Late Re istration $23.00 $23.00 0% SUMMER SIZZLER EVENT Basketball- 4 la ers max. er team $30.00 $40.00 33% Volle ball - 4 la ers max. er team $30.00 $40.00 33% Inline Skatin $12.00 $12.00 0% SUMMER CAMP Plan A Full Da - 2 weeks $124.00 Remove Plan A Full Da - 2 weeks Late Re istration $144.00 Remove 2nd Child Plan A $94.00 Remove 2nd Child Plan A Late Re istration $114.00 Remove Plan B 1/2 Da s - 2 weeks $84.00 Remove Page 3 of 5 • Plan B 1/Z Da s - 2 weeks Late Re istration $104.00 Remove 2nd Child Plan B $54.00 Remove 2nd Child Plan B Late Re istration $74.00 Remove Plan A -Per Da $15.00 Remove Plan B -Per Da $10.00 Remove 1 week 7:30am - 5:30 m NA $72.00 New 1 week 7:30am - 5:30 m Late Re istration NA $82.00 New 1 week 9:OOam - 3:00 m NA $52.00 Ne 1 week 9:OOam - 3:00 m Late Re istration NA $62.00 New ACTIVITY GUIDE CLASSES *'`Pum It U NA $30.00 Ne '"`Hunter Education NA $10.00 New **Adult Dance i.e. ballroom, swin ,salsa NA $20.00 Ne "'`Golf Lessons Adult/Youth NA $48.00 Ne **Horseshoes Adult/Youth NA $5.00 New '''Football Cam Youth NA $79.00 Ne "~`Raftin NA $59.00 New **Tennis NA $22.00 New **Tennis Team NA $40.00 New *"Arts 8~ Crafts Youth NA $20.00 Ne '"*Adult Gardenin NA $10.00 New **Jum 8~ Jive Youth NA $47.00 Ne *'"Tram oline/Tumblin NA $55.00 Ne '``Adult Paintin Watercolor, ac lic NA $35.00 New '"'`Pum kin Carvin NA $15.00 Ne "~Scra bookin Be innin Album Makin NA $5.00 Ne '"`Scra bookin Power Sort NA $15.00 Ne **Scra bookin Mini Album For Youth NA $12.00 Ne '"`Creative Writin NA $50.00 New ""'Indoor Soccer NA $50.00 New **Arche NA $30.00 New ACTIVITY GUIDE ADS Back Cover Full color NA $400.00 Ne Full Pa a NA $320.00 New 1/2 Pa a NA $160.00 Ne 1/4 Pa a NA $80.00 New 1/8 Pa a NA $40.00 Ne SPECIAL EVENT OFFER '"`Boise Hawks Fun Da NA $5.50 Ne "Indicates 80/20 Contractors. These fees were set by the organization/vendor who provides the service. Page 4 of 5 • More information on the above hearing is on file in the City Clerk's Office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials should be submitted to the City Clerk no later than seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. 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 72 hours prior to the public meeting. ,,a`~,®q~~~~~~ar>,,~eeps' +~ ~ e, ~ '~i e ~~ 's DATED this 17th day of March 2006. ~j~ ~ ~ WILLIAM G. BERG, J ., CITY ELE ~p q ~~' Y's'ri ~~ I 9 ~' ~ ' ~ 0~a PUBLISH the 27th of March and 3rd of April, 2006. `~°~~,, ~~°~ a '`~ `lh~~~rn1s ee9a~~~~~~~~ Page 5 of 5 ~ ~ CITY OF MERIDIAN `-~~,~,~ ~o NOTICE OF PUBLIC HEARING 4~'" ` NOTICE IS HEREBY GIVEN pursuant to the Ordinances G:~' _ ~ ~~'~ and the Laws of the State of Idaho, that the City Council of the C a public hearing at the Meridian City Hall, 33 East Idaho Avenue, hour of 7:00 p.m. on Tuesday, April 11, 2006, for propos6 increases to cover cost for the following recreation programs and ~,~~-~rvrces; ACTIVITY CURRENT FEE PROPOSED FEE % CHANGE VOLLEYBALL COMPETITIVE COED, MENS, & WOMENS Team Fee 10 ames +toumament $260.00 $110.00 -58% Pla er Fees min. 10) $15.00 $15.00 0% Additional Pla ers {over 10) $15.00 Remove ASA Fees $12.00 Remove Late Fee team NA $:10.00 Ne RECREATIONAL COED Team Fee NA $100.00 New Late Fee team NA $30.00 N BASKETBALL (MENS $ WOMENS) Team 10- ames +toumament) $500.00 $350.00 -30% Pla er Fees min. 10 $15.00 $15.00 0% Additional Pla ers over 10 $15.00 Remove USSSA Fee $20.00 N ASA Fees $12.00 Remove Late Fee team NA $50.00 Ne SUMMER SOFTBALL COED Team Fee (10- ames +toumament) $350.00 $400.00 14% Pla er Fees (min. 15) $14.00 $15.00 7% Additional Pla ers over 15 $14.00 Remove ASA Fee $25.00 $26.00 4% Late Fee (team NA $50.00 New MENS Team Fee 15- ame +toumament $700.00 Player Fees min. 15) $15.00 Ne ASA Fee $26.00 Ne Late Fee (team) NA $50.00 Ne MENS SENIOR 50+ Team Fee 16 ames NA $550.00 New Pla er Fees (min. 15 NA $15.00 Ne ASA Fee NA $26.00 Ne Late Fee eam) NA $50.00 Ne FALL SOFTBALL Team ames $400.00 $200.00 -50% Player Fees (min. 15) $15.00 Ne Page 1 of 4 ~J Additional Pla ers (over 15) $10.00 Remove ASA Non-Cham ionshi Eli ible Fee $12.00 $12.00 0°k Late Fee team NA $50.00 Ne Tournament $150.00 Remove NON-LEAGUE SOFTBALL TOURNAMENTS Ent Fee arks $ Rec. Host $175.00 $175.00 0% Field rental for tournament per game $15.00 $15.00 0°~ SHELTER FEES: Extra Picnic Tables $3.00 $4.00 33% STOREY PARK Blue 8 Gruen Shelter Shelter Rental 1-50 people $30.00 $30.00 0% Shelter Rental 51-100 0 le $45.00 $45.00 0% Shelter Rental 101-150 0 le X0.00 X0.00 0% Shelter Rental 151-200 0 le $75.00 $75.00 0°k Softball Field ( r hour) $8.00 $10.00 25% Softball Field Li hts r hour $10.00 $15.00 50% Volleyball E uipment per day) $10.00 $10.00 0°k TULLY PARK Small Shelter Rental 30 0 le max $30.00 $30.00 0% La a Shelter Rental (1-150 people) $60.00 $60.00 0% Large Shelter Rental (151-200 peo le) $75.00 $75.00 0% La a Shelter Rental 201-250 0 le $90.00 $90.00 0% La a Shelter Rental 251-300 peo le $105.00 $105.00 0% Softball Fields r hou $8.00 $10.00 25°k Volle ball E ui ent r da $10.00 $10.00 0% CHATEAU PARK Shelter Rental (30 people max) $30.00 $30.00 0% Multi-Use Field r hour) NA $10.00 Ne SETTLERS PARK Shelter Rental (1-50 eo le) $30.00 $30.00 0% Shelter Rental 51-100 0 le $45.00 $45.00 0% Shelter Rental 101-150 0 le $60.00 X0.00 0% Shelter Rental (151-200 people) $75.00 $75.00 0% Multi-Use Fields (per hour) $8.00 $10.00 25% HEROES PARK Multi-Use Field (per hour} NA $10.00 N SEASONS PARK Multi-Use Field r hour NA $10.00 Ne KIWANIS PARK Shelter Rental (50 ple max) $30.00 N Multi-Use Fields r hour NA $10.00 Ne BEAR CREEK PARK Shelter Rental (1-50 0 le) NA $30.00 Ne Shelter Rental 51-100 0 le NA $45.00 Ne Softball Fields ( r hour $8.00 $10.00 25°~ Page 2 of 4 L~ Multi-Use Fields (per hour) $10.00 Ne CHAMPION PARK Shelter Rental 30 ple max.) NA $30.00 Ne Multi-Use Fields (er hour) NA $10.00 New MERIDIAN BARN SOUR EVENT 1 Mile Fun Run $8.00 $8.00 0% 5K Run $18.00 $18.00 0% 10K Run $18.00 $18.00 0% 5k/10k Late R istration $23.00 $23.00 0% SUMMER S171,LER EVENT Basketball- 4 la ers max. r team $30.00 $40.00 33% Volleyball - 4 pla ers max. (per team $30.00 $40.00 33°k Inline Skatin $12.00 $12.00 0% SUMMER CAMP Plan A Full Da - 2 weeks $124.00 Remove Plan A Full Day - 2 weeks Late Registration $144.00 Remove 2nd Child Plan A $94.00 Remove 2nd Child Plan A Late R istration $114.00 Remove Plan B (1i2 Da s) - 2 weeks $84.00 Remove Plan B 1/2 Da s) - 2 weeks Late R istration $104.00 Remove 2nd Child Plan B $54.00 Remove 2nd Child Plan B Late R istration $74.Q0 Remove Plan A -Per Day $15.00 Remove Plan B -Per Da $10.00 Remove 1 week (7:30am - 5:30 m) N $72.00 Ne 1 week :30am - 5:30 m) Late R istration $82.00 Ne 1 week 9:OOam - 3:00 m NA $52.00 New 1 week 9:OOam - 3:00 m) Late R istration NA X2.00 New ACTIVITY GUIDE CLASSES **Pum It U NA $30.00 Ne "Hunter Education NA $10.00 N **Adult Dance p.e. ballroom, swing, salsa NA $20.00 Ne ""Golf Lessons Adult/Youth NA $48.00 N **Horseshoes AdultiYouth) ~ ~•0Q N "*Football Cam (Youth NA $79.00 Ne "*Raftin NA $59.00 New **Tennis NA $22.00 Ne '"`Tennis Team NA $40.00 Ne *"Arts 8 Crafts oath NA $20.00 Ne '"'Adult Gardenin NA $10.00 Ne **Jum ~ Jive (Youth) $47.00 New ""'Tram linelTumblin NA $55.00 Ne **Adult Painting (VNatercolor, a lic) NA $35.00 New **Pumpkin Carvin $15.00 Ne **Scrap booking (Beginning Album Making) NA $5.00 Ne **Scra bookin Power Sort NA $15.00 Ne Page 3 of 4 '"*Scra bookin Mini Album For Youth NA $12.00 Ne '"""`Creative Writin NA $50.00 New **Indoor Soccer NA $50.00 New "'"`Arche $30.00 New ACTIVITY GUIDE ADS Back Cover ull color NA $400.00 N Full Page NA $320.00 Ne 1 /2 Page NA $160.00 Ne 1/4 Pa a NA $80.00 New 1 /8 Pa a NA $40.00 New SPECIAL EVENT OFFER **Boise Hawks Fun Da NA $5.50 Ne '"""'Indicates 80/20 Contractors. These fees were set by the organization/vendorvho provides the service. More information on the above hearing is on file in the City Clerk's Office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials should be submitted to the City Clerk no later than seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. 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 72 hours prior to the public meeting. DATED this 17th day of March 2006. WILLIAM G. BERG, JR., CITY CLERK PUBLISH the 27th of March and 3rd of April, 2006. Page 4 of 4 2006 City of Meridian Public Works Department Fee Update April 2006 Summary of Proposed Fee Updates Water New Construction Ordinance Section Existin Fee Pro osed Fee Percent Chan e 1 Meter Ada ter Kit 9-1-12 $80 $80 0% (2) Meter MXU Transmitter g_1-12 $85 $85 0% (3) Meter MXU for 1- inch & larger meters g_1-12 $85 $144 69% Meters vices do not include MXU transmitter 3/ inch meter 9-1-12 $165 $146 -13.0% 1 inch meter 9-1-12 $220 $183 -20.2% 1 '/z inch meter 9-1-12 $420 $399 -5.3% 2 inch meter 9-1-12 $550 $542 -1.5% 3 inch meter 9-1-12 None $1,058 NA 4 inch turbo meter 9-1-12 $2,100 $2,052 -2.3% 4 inch com ound 9-1-12 $3,000 $2,884 -4.0% Pressurized Irrigation Assessment for Secondary Connection 9-1-12,28 $664 $449 (32%) (~) Required on some commercial projects when developer's engineer/architect specifies a larger meter setter than the meter that is initially required. For example, a 2-inch setter is specified and a 2-inch meter will be used when the project is built-out. However, only a 1 1/2 -inch meter is initially needed, requiring the adaptor kit that the Water Division presently pays for. (2) Recovers cost of radio read transmitter unit on all new meters set. (3) Recovers full cost of a single MXU unit in situations where two meters cannot share a single meter vault. MXU units for most residential serve two meters serving two houses. Water Svstem Repair Fees (Ord. 9-1-12.E) Dama a -Item Re aired Existin Fee Proposed Fee Percent Change 5/8 and 3/ inch an le valves $14.66 $15.00 2.3% Meter heads $71.59 $72.00 0.6% 5/8 x 3/ inch meter $119.25 $119.00 -0.2% 3/ inch meter $147.98 $146.00 -1.3% 1 inch meter $183.41 $183.00 -0.2% 1 '/2 inch meter $385.92 $399.00 3.4% c:\documents and settings\greent\local settings\temporary Internet files\olk9e\list of updated misc fees.doc • 2 inch meter $538.11 $542.00 0.7% 3 inch meter $1041.90 $1,058.00 1.5% 4 inch turbo meter $2124.01 $2,052.00 -3.4% 4 inch com ound $2985.00 $2,884.00 -3.4% Padlock $4.35 $4.35 0.0% X43 meter lid $105.60 $93.00 -11.9% H Brant Meter None $1,049.00 NA 2 inch meter valve None $79.00 NA Swivel Ada for None $91.00 NA 1 '/z to 2 inch Ada for None $80.00 NA 384 Freeze Plates None $6.11 NA Single Port MXU None $129.00 NA Dual Port MXU None $150.00 NA Touch Coupler Extension Cable None $16.00 NA Truck Fee er tri $25 $25 0.0% Equipment (backhoe or dump truck), per hour $25 $25 0.0% Other Miscellaneous Fees (Ord. 9-1-14) Item Existin Fee Proposed Fee Percent Chan e Meter Lockout of Ille al Tum-On $50.00 $50.00 0% Hourl Char e, Service Call $35.00 $35.00 0% Meter Reinstall Fee (does not include actual meter $20.00 $20.00 0% H Brant Meter, Dail Rental $2.50 $2.50 0% Engineering/Development Services QA/QC Plan Review Fee Applies to all subdivision projects and commercial projects with public water or sewer mains. Subdivisions 0 to 50 building lots: $100 51 to 100 building lots: $175 More than 100 building lots: $250 Commercial $50 per project c:\documents and settings\greent\local settings\temporary Internet files\olk9e\list of updated misc fees.doc CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, April 11, 2006, for the purpose of reviewing and considering. Public Works Fee Changes authorized in Title 9, Chapter 1 Water Use and Service, and Title 9, Chapter 4 Sewer Use and Service of Meridian City Code. The public hearing for proposed updated fees includes water meters and appurtenances, water system itemized damage fees, pressurized irrigation secondary connection assessment fees and water and sewer plan review fees. A more particular and specific description of the above proposed amendments and new and updated fees is on file in the City Clerk's Office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. DATED this 22nd day of March, 2006. ~~ WILLIAM G. BERG, `,e6'y~6af i-ftfa~B~a `'~ ~~ ~ °- ~ - ~~~~~ m CI~YY .~ , ' °~~ ~ wry `~ '~ u3 ,~F, ®~v `~s~~rr`/~B~~+fBf f f 6 19 6964®'0~d~'~e`~®®~a PUBLISH 27th of March and 3th of April, 2006. Notice of Public Hearing - P~ Works Fees • Page 1 of 1 Sharon Smith From: Will Berg Sent: Wednesday, March 22, 2006 3:31 PM To: Tara Green; Sharon Smith Subject: FW: Notice of Public Hearing -Public Works Fees From: The Valley Times [mailto:historydoc@gwest.net] Sent: Wednesday, March 22, 2006 3:31 PM To: Will Berg Subject: RE: Notice of Public Hearing -Public Works Fees Will, Receipt confirmed; thank you very much. Frank -----Original Message----- From: Will Berg [mailto:bergw@meridiancity.org] Sent: Wednesday, March 22, 2006 1:28 PM To: historydoc@gwest.net Cc: Brad Watson; Tara Green; Sharon Smith Subject: Notice of Public Hearing -Public Works Fees «2006 PW misc fees increase 4-11-06 vt.doc» Please publish March 27 and Apri13, 2006. Thanks... . Will 3/22/2006 Sharon Smith From: Will Berg Sent: Wednesday, March 22, 2006 1:28 PM To: 'Frank Thomason (historydoc@gwest.net)' Cc: Brad Watson; Tara Green; Sharon Smith Subject: Notice of Public Hearing -Public Works Fees Attachments: 2006 PW misc fees increase 4-11-06 vt.doc _~ 2006 PW Fees increase Please publish March 27 and Apri13, 2006. Thanks.... Will Sharon Smith From: Brad Watson Sent: Wednesday, March 22, 2006 11:45 AM To: Will Berg; Tara Green; Sharon Smith Subject: Next Fee Notice/Hearing Attachments: hearing notice.misc fees.doc Could you review the attached notice and, if acceptable, have it published irl the Valley Times, please? I'm not sure on the acceptable dates so if you change them, please let me know. I am working on the itemized fees and intend to have it to you by the end of the week. Thank you, BRW ®~ hearing ~.misc fees.dc • Sharon Smith From: Brad Watson Sent: Monday, March 27, 2006 8:09 AM To: Tara Green; Sharon Smith Subject: PW Misc Fees Attachments: List of updated misc fees.doc Attached is the listing of the new & updated fees that goes along with the notice I sent you last week. I will put together a explanatory memo for Council's packet as we get closer to the 411 hearing date. Let me know if you need anything else on this. Thanks, BRW ®~ List of ed misc fees.c 2006 City of Meridian Public Works Department Fee Update April 2006 Summary of Proposed Fee Updates Water New Construction Ordinance Section Existin Fee Pro osed Fee Percent Chan e 1 Meter Ada ter Kit 9-1-12 $80 $80 0% T?a smitterXU 9-1-12 $85 $$5 0% (3) Meter MXU for 1- inch & lar er meters 9-1-12 $85 $144 69% Meters vices do not include MXU transmitter 3/4 inch meter 9-1-12 $165 $146 -13.0% 1 inch meter 9-1-12 $220 $1133 -20.2% 1 '/a inch meter 9-1-12 $420 $3p9 -5.3% 2 inch meter 9-1-12 $550 $~A~2 -1.5% 3 inch meter 9-1-12 None $1,058 NA 4 inch turbo meter 9-1-12 $2,100 $2,x352 -2.3% 4 inch com ound 9-1-12 $3,000 $2,$84 -4.0% Pressurized Irrigation Assessment for Seconda Connection 9-1-12,28 $664 $449 (32%) (1) Required on some commercial projects when developer's engineer/architect specifies a larger meter setter than the meter that is initially required. For example, a 2-inch setter is specified and a 2-inch meter will be used when the project is built-out. However, only a 1 1/2 -inch meter is initially needed, requiring the adaptor kit that the Water Division presently pays for. (2) Recovers cost of radio read transmitter unit on all new meters set. (3) Recovers full cost of a single MXU unit in situations where two meters cannot share a single meter vault. MXU units for most residential serve two meters serving two houses. Water System Repair Fees (Ord. 9-1-12.E) Dama a -Item Re aired Existin Fee P`oposed Fee Percent Chan e 5/8 and 3/4 inch an le valves $14.66 $15.00 2.3% Meter heads $71.59 X72.00 0.6% 5/8 x 3/4 inch meter $119.25 $119.00 -0.2% 3/4 inch meter $147.98 $146.00 -1.3% 1 inch meter $183.41 183.00 -0.2% 1 '/z inch meter $385.92 399.00 3.4% c:\documents and settings\smiths\local settings\temporary intemet files~olk1 bfllist of updated misc fees.doc 2 inch meter $538.11 $542.00 0.7% 3 inch meter $1041.90 $1,058.00 1.5% 4 inch turbo meter $2124.01 $2,052.00 -3.4% 4 inch com ound $2985.00 $2,884.00 -3.4% Padlock $4.35 $4.35 0.0% X43 meter lid $105.60 $93.00 -11..9% H Brant Meter None $1,049.00 NA 2 inch meter valve None $79.00 NA Swivel Ada for None $91.00 NA 1 '/2 to 2 inch Ada for None `$80.00 NA 384 Freeze Plates None $6.11 NA Sin le Port MXU None $129.00 NA Dual Port MXU None 150.00 NA Touch Cou ler Extension Cable None '$16.00 NA Truck Fee er tri $25 $25 0.0% Equipment (backhoe or dump truck), per hour $25 $25 0.0% Other Miscellaneous Fees (Ord. 9-1-14) Item Existin Fee f~r,~ oposed Fee Percent Chan e Meter Lockout of Ille al Turn-On $50.00 $50.00 0% Hourl Char e, Service Call $35.00 $35.00 0% Meter Reinstall Fee (does not include actual meter $20.00 $20.00 0% H Brant Meter, Dail Rental $2.50 $2.50 0% Engineering/Development Services QA/QC Plan Review Fee Applies to all subdivision projects and commercial projects with public water or sewer mains. Subdivisions 0 to 50 building lots: $100 51 to 100 building lots: $175 More than 100 building lots: $250 Commercial $50 per project c:\documents and settings\smiths\local settings\temporary intemet files\olk1 bfllist of updated misc fees.doc CITY OF MERIDIAN PUBLIC HEARING SIGN~UP SHEET DATE April 11, 206 ITEM # 16 PROJECT NUMBER PROJECT NAME Public Works Fee Changes NAME PLEASE PRIN FOR AGAINST NEUTRAL RECEIVED ,aPR t ~ a~~s ~ ~ April 7, 2006 AZ 06-001 MERIDIAN CITY COUNCIL MEETING April 1 1, 2006 APPLICANT John Fackelman ITEM NO. 17 REQUEST Ordinance -Request for Annexation and Zoning of 4.99 acres from R2 to an R-4 zone for Buckeye Place Subdivision -east of Black Cat Road and south of Cherry Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See allached Ordinance obi 1~~3 Contacted: ~~~~ ~,® Date: ~U Phone: `g Y~- g '~ tld Emailed: ~ ,~ ~~ ~~A~ S aff Initials: Materials present ` at public meetings shall ' come properly of the Ctiy o Meridian. ~. ADA COUNTY RECORDER ~ VjD NgVARRO AMOUNT .00 5 BOISE IDAHO 04/20/06 02. DEPUTY Neaua Haney III I'IIIII'll'II'II'I'lll'I~I'I III'II RECORDED-REQUEST OF Meridian City i ~g0~08S~ CITY OF MERIDIAN ORDINANCE NO. ~~ ~~ ~ ~ ,~ BY THE CITY COUNCIL: BIItD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ-06-001 BUCKEYE PLACE SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE NW 1/ OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDL~l~T, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R2 (ADA COUNTY) TO R-4 (LOW DENSITY RESIDENTIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: John Fackelman. SECTION 2. That the above-described real property is hereby annexed and re- zoned. from R2 (Ada County) to R-4 (Low Density Residential) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-06-001 BUCKEYE PLACE SUBDIVISION Page 1 of 3 ~i <j SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COyyU~~N~~CIL OF THE CITY OF MERIDIAN, IDAHO, this ~ ~~ day of _ d7'DJ'/'/2 , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, -~ ~ ~~"`'~ ~ ~ this `~~~ day of ®~~-/~ , 2006. WILLIAM G. BERG, _,f,, a ~ ~ t4°` tB~6ifitY3t3Nbbtttt ANNEXATION OF AZ-06-001 BUCKEYE PLACE SUBDIVISION Page 2 of 3 ~~ <~ STATE OF IDAHO, ) ss. County of Ada ) On this I I~'' day of ~P ~ 1 , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~•s~rae~ (SEAL) o~'~,, M~ G~~", .' `S' ~o TAB ~'~.~,® • ~; o ~ ~ . r , ~ ~ s ~ ~ ~ ~ ~~ t ~ ~~,,, s ~` `.®~. ~• ~i NOTARY PUBLIC FOR IDAHO RESIDING AT: C ~ S ~ MY COMMISSION EXPIRES: 0l l I°I ANNEXATION OF AZ-06-001 BUCKEYE PLACE SUBDIVISION Page 3 of 3 ~.• ~• - - Legal Description DESCRIp'TION FOR PROPOSED BUCKEYE PLACE SUBDMSION November 30 2005 A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOws: COMMENCING AT THE NORTHWEST CORNER OF SECTION 10 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN ADq COUNTY, IDAHO; THENCE S 89°40'23" E 1322.58 FEET ALONG THE NORTH SECTION UNE TO THE NORTH 1/16 CORNER, THENCE CONTINUING S 89°40'23" E 1.11 FEET TO A POINT; THENCE S 00°01'16' W 44,93 FEET TO THE NORTHWEST CORNER OF PINTAIL POINTS SUBDIVISION AND THE NORTHEAST CORNER OF BLACKSTONE SUBDNISION; THENCE ALONG THE COMMON BOUNDARIES OF SAID SUBDIVISIONS S 00°p1'16" W 621.09 FEET TO THE SOUTHWEST CORNER OF SAID PINTAIL POINTS SUBDIVISION; THE REAL POINT O N ! Q OF THIS SUBDIVISION. THENCE ALONG THE SOUTH BOUNDARY OF PINTAIL POINTS SUBDIVISIONS 89°40'23" E 332.75 FEET TO A POINT; THENCE S 00°39'41" W 8.00 FEET TO THE NORTHWEST CORNER OF ROD'S PARKSIDE CREEK SUBDVISION; THENCE ALONG WEST BOUNDARY OF SAID ROD'S PARKSIDE CREEK SUBDIVISIONS 00°14'12" W 649.70 FEET TO THE SOUTHWEST CORNER OF SAID SUBDNIStON; THENCE N 89°27'46" W 330.23 FEET TO A POINT; THENCE N 00°01'18" E 856.50 FEET ALONG A PORTION OF SAIp BLACKSTONE SUBDIVISION TO THE R e~ pbtNr of e~rsiuuu.~ OF THIS SUBDIVISION; SAID SUBDIVISION CONTAINS 4.99 ACRES. MORE OR LESS. WAYNE K. $AR$ER. r^ .`.~ ./~p~'~ J ~sr ~~ >~ , MiE 0~~~~ •I!1%f`~ppQ P.L.S. 8444 ~~~ ~~ P ----'... ...._.. _.*-___. .._.~ :..__----_._ Pipe i 1 ~ ~. ~ ~ ~ ~ ~ i ~ ~~~ ~~ ~ i ____ ~0.. r `-' _.. ~ ~ ~ of -~ .~ i ~ ' ~~ ~ i --~----~__~ -~) 1 ~------~`~l f -- ~~--~--~'v_i.ai~ sorrEUx~r o'~ i i ~ ' 1~ r i .- ,.. .~ ~ i ~ ~ ---- - ---- - --- ---~-- -~- --r''~4 ~ ~ ' - -- ~ r ~ i ~ g _ ._____..~___ i _ ` ,...; ° _~._...~ ~ , a m: ~ ~~': •;~`. ` "1. da '-"'"---^~.: ` ``~'~ p,.~-~~.- ~ ~ rs^'3°." a~_•~-fir ~' p! do ~ i ~ ~ ~ .•:_. - ~ • ~ a'.• 'r ~~-~. - .~ °:.:~-~d,.~..t~=°`wu--a.`T-~_ __a= w--.«--mow -~- ,. ..-_1 - '` ~ •F~~ ~' ~s'~f %~ j f % im~ 1 sir ~°"' i~- q 8. o ! $ N vmrsa~s ray ',~, - ~. '`4 ~,'•' • i) ;; B ~ -- ! r A ~ g:~ ~ ~ -___ _ t1_YAtH~ PL~ ~iP E r ~ ,' !'I ~ j~ •~~ 3 ~ ~ ---r J 1 ~irt ( ' ~p ~ 4 ~.. ~~A 1 g~~ pLaroe m~[.4p1.0U Si .. -_p .__..__ ..__._ _..__. I f~ ~ i' ~ •,r ~ -_..~` NSW q~F1f ~0' ~ a ® § ~ gg ... i i -,.\ ~ h ~ i ~.. ... _ ;, ,' ' ~~ ,' i i i . ~• '~ . ... r' • ,` o,W • ... .. ' ~ ' - -.. _.._ r-- ------------ ~ -,- - - -- ----- - -. t - r --- 8 a~ ~~ m i m n 0 ~ r ~~ Z~ ~a®y R ~ ~ ,~ ei!i'i!1 ,iillll; ;~ ~ s3aa~®~-j#Y®o~~~ s~ai5$'ii~1 ~i i~ ~o...ae ~~ z~~` ~ ~~ a~~~~~!;i`i`~1~~ it i ~ ~_ ~ ~~ ~~~y~ ~ ~ ~ ~~~ ~~ ~~~ ~mA ~ ~~ ~~~~ -.,~ : 55~tr~~ ~~ PROPOSED BUCKEYE PLACE B1°'~~~+Q~~ ~~ SUBDIVISION e R i o o s m _ PR~~1~ Pa, ~ ~ ~ ~~ ~ QQtLN ~~ ~~ g~ 2~ $ H . ,. d ~ R i ( I i Q~ E P ~$ '~~ ~~ ~ ~ I'~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.06- ~ Z 2j PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the NW '/ of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 4.99 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is availa~~af~n~ria~~ection at City Hall, City of Meridian, 3 ~ast Idaho Av ue, lVIerid~~i`'Ic ' ~`6inance shall become effective on the ~-~ day of e Z,~®~ ~~'~6.. ~°~®_ -- ~, Mayor and City Council of tie By: William G. Berg, Jr., City ridi~~- ~P=~ -~ ~~ ~~~ ~ , First Reading: ~-~1-®,6 A'c Rule as allowed pursuant to Idaho Code Second Reading: '~r418~ 0 Third 4"~ by suspension of the NO STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- IZZ3 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06-_IZ2~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ day of ~~~ „ , 2006. L. William. L.M. Nary, City ORDINANCE SUMMARY - AZ-06-001 BUCKEYE PLACE SUBDIVISION Page 1 of 1 • April 7, 2006 AZ 05-065 MERIDIAN CITY COUNCIL MEETING April 11,2006 APPLICANT Jonathan Seel ITEM NO. 18 REQUEST Ordinance -Request for Annexation and Zoning of 1.50 acres from RUT to C-G zones for Nesmith Annexation - 2820 East Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance 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: ~ (~ ~, ~zq' SANITARY SERVICE COMPANY ~ / CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: .~,,~_ ~.~,~, ~~~J Date: !-N /~ ~ Phone: ~~ _ ~~,~,~ Staff Initials: Materials presented at pubNc meetings shall become properly of the Cfly of Meridian. ADA COUNTY RECORD DAVID NAYARRO AMOUNT .00 BOISE IDAHO 04/20/061 PM DEPUTY Neaua Haney II I I I II II I'I I'I I II I'I'I I II I II I' II I'll RECORDED-REQUEST OF Meridian City 1~~0~985~ CITY OF MERIDIAN ORDINANCE NO. ~~' ~ 2~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WA.RDLE AN ORDINANCE (AZ-05-065 NESMITH ANNEXATION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SE 1/ OF THE SE 1/ OF SECTION 32, TOWNSffiP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSES5OR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Winston W MooYe. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to C-G (General Retail and Service Commercial District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-05-065 NESMITH ANNEXATION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of _ ®2 2006. APPROVED BY TH~EI MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ®day of _ ~`7~y/ 7 2006. MAYO de WEERD ANNEXATION OF AZ-05-065 NESMITH ANNEXATION Page 2 of 3 r STATE OF IDAHO, ) ss. County of Ada ) On this ~ `°~` day of /fit p~ , , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ®`~'®`~`"~'~'®®® ® ~' °o ®~~'a ®~A `~ ® ~ • ~ ~ e ® e A ~ Ap A A C/ ® A d ~ ~ 6 ~ qG ~ ~ o``. 1G.~,.y,~ ~~ ANNEXATION OF AZ-05-065 NESMITH ANNEXATION Page 3 of 3 I• I• Exhibit A -Legal Description mete: >a«~twr o4, 20os ~~ 6~uadrant ~~= W. H.Moome Consurting, InG, Parcel No.: 50532449300 Page: 1 of 2 A Pared of latrl hero that hsct as E7rBiIB1T "A" oo»aty zeoo~t, siptatpl in Ox dcecrrl~ad la Warranty Dad instrument No. 9904b304, Ada ~~ I ~, ~~ M Soutbcaat /. oflbo Southeast y. of5edton 32, Towmhip 4Noah, ~. At1a Gounty, Idaho, bdcyt nwrt: psrtiwhuly dceaibad aq foUows_ ~>arg at the Southeeet owner ottaid Sectiotr 32, thence bring the ceolerline of Bast Uaticlc Rod, North 89°44'34" West l~ 19 .23 feel to liho oYOWi' peF n BEg1Y11Tt~3 thence continuing along twud 3an9~ line and aate<Gne North 89°44•;gam Wet 133.00 feet eti due Bast 1116 cocoa corttrnam to said Saetion 32 ~d Seclioo 3, Towaahip 3 North, Range 1 grit, Boise Meridian; t}~encu lesvinig acid South line end e alecrg the wart mie ofsaid tract North 00"30'02" Bast a9l .28 foe m the Nacthweat carnac of said tract; d>cace !waving said wan line slang toe Norm litre of said tract Bomb 89°44'39" Bast 133.00 poet to dra Northesac corrnr otaaid hact; tdcnoe leaving Laid North >me along the Errt line olsaid tteu South 00°30'02" Wcat 491.28 foal b the POINT OF ISEpIVNN7IVG. Said P~ c~a ~.~ egtuett: or I .SO anew more or lean. ros s. sm stremt, spa. ~s • twbe. m a3roa • anw+. lanai ~z~aov~ • r~ ~oa13+2-0on • rnan,er: www.wuwcr,r.cc I7Hi+~gineoinp • Survertr~q . conr~ucMonMOnapamim,r Exhibit A -Page 1 ~ ~ - 1 .. ,g f~ ~ JNIf~l~11~38 ~0 1fVft]d ~ _ '~ ~ ~ ~'Sfi t t l~ f~ r ~~ O I~ m n -O z 4 ~ ~ $ ~ O X ~ _ ITI ~ ~ ~ ~ W -p {n" ~ -c m s r~ ~' 0 z ~~ f? ,~ ~ ®~ ~~ ~ ~ ~~~ Q ~ ~3 ~ ~ ~ -a t~ k {!1 ~ ~ W "' 6 !U O ~' N ~~ ~~ ~~ ~~ ~~ N~ /-'O~/C?c~l .~18ilSf`f 1St13 ~J -b~.SBRt ?~3~12i0~ ~ '3 M 6£ ~i3~I~4~ ~ rv S ~, , ~ Z~ -r~la la f x to Q ~~ ~ ~ ~~ ~ ~ O ~ O ~ ~ ~'~ Q ~ r'i ' -{ 1 t 1 d 3p~~~Y V ~yOJ ~~ n ~ 2 11 ~ rt ~" 0 x o ~ n 4 N ~~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.06- ~ ~ ~" PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the SE % of the SE % of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 1.5 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is ava ~~~b~lo ~forji:ns~ection at City Hall, City of Meridian, 33 $ast Idaho Avenue, Mer~c~, .~ ~~d~ance shall become effective on the ~f~ day of y-d~ ~ `~ e ~ - ~~,~ _ '~ Ea^ - ayor and City Council of e C ~ of 'dian By: William G. Berg, Jr., City Clem t a~~ . ~° ~+ ~°a ~,~ S°` First Reading: ~-'~/l ~~,~ Ad(~p ~ ~4~'reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: 'r Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- t Z2~ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- 1?. 2.~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~~ day of 2006. William. L.M. Nary, City Attorney ORDINANCE SUNIlVIARY - AZ-OS-065 NESMTH ANNEXATION Page 1 of 1 • April 7, 2006 MERIDIAN CITY COUNCIL MEETING Aptl 1 1,2006 APPLICANT ITEM NO. ~ 9 REQUEST Ordinance -Amending Title 13, Chapter 2, Section 7 of the Meridian City Code to allow the parks director authority to suspend the closure time of the city parks AGENCY COMMENTS ~~ CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance -~ ~ ~M p6 ~tiv~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BII2D, BORTON, ROUNTREE, R'ARDLE AN ORDINANCE AMENDING TITLE 13, CHAPTER 2, SECTION 7 OF THE MERIDIAN CITY CODE TO ALLOW THE PARKS DIRECTOR AUTHORITY TO SUSPEND 'THE CLOSURE TIlVII; OF THE CITY PARKS; AND PROVIDING FOR A SUMMARY; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. We hereby amend Title 13, Chapter 2, Section 7, of the Meridian City Code as follows: 13-2-7: CLOSURE OR SUSPENSION OF CLOSURE BY ORDER OF THE DIItECTOR: The pParks and rRecreation Director has the authority to temporarily close any park, or any portion thereof, at such times as he deems necessary to protect the park, or in the best interest of the city. The Parks and Recreation Director further has the authority to grant a suspension of the park closing time at such times as he deems in the best interest of the city (Ord. 03-1031, 7-22-2003, eff. 9-1-2003) Section 2. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publicaxion. PASS D by the City Council of the City of Meridian, Idaho, this day of , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of 27'/ l , 2006. APPROVED: t\~ti~111i1f a. ~f ~~ ~~\\ °~ f'B+P ATTE T: ~~ ~ ~"~ y CITY CLERK ~' ~:,.u ^ ~~~ °~° ' fir ~ r~ ,'Rs SUSPENSION OF PARKS CLOS ~~~~ d1iA°`° Page 1 of 1 fI4111S